1-3
INTRODUCTION
INTRODUCTION
A. BACKGROUND TO THE 1954 CONVENTION
1.
Statelessness arises in a variety of contexts. It occurs in migratory
situations, for example, among some expatriates who lose or are deprived
of their nationality without having acquired the nationality of a country of
habitual residence. Most stateless persons, however, have never crossed
borders and find themselves in their “own country”.1 Their predicament
exists in situ, that is in the country of their long-term residence, in many
cases the country of their birth. For these individuals, statelessness is often
the result of problems in the framing and implementation of nationality
laws.
2.
In the aftermath of the Second World War the need for international action
to protect stateless persons and refugees came to the fore. As such,
the 1954 Convention relating to the Status of Stateless Persons (“1954
Convention”) shares the same origins as the 1951 Convention relating to
the Status of Refugees (“1951 Convention”). It was initially conceived as a
draft protocol to the refugee treaty. However, when the 1951 Convention
was adopted, the protocol was left in draft form and referred to a separate
negotiating conference where it was transformed into a self-standing
treaty concerning stateless persons. The text of the 1954 Convention and
a List of States Parties can be found in Annexes I and III, respectively.
3.
The 1954 Convention remains the only international treaty aimed
specifically at regulating the standards of treatment for stateless persons.2
The Convention, therefore, is of critical importance in ensuring the
protection of this vulnerable group.
1
The phrase “own country” is taken from Article 12(4) of the International Covenant on
Civil and Political Rights and used in line with its interpretation by the UN Human Rights
Committee.
2
The 1961 Convention on the Reduction of Statelessness is concerned with avoiding
statelessness primarily through safeguards in nationality laws, thereby reducing the
phenomenon over time. The 1930 Special Protocol concerning Statelessness, which came
into force in 2004, does not address standards of treatment but is concerned with specific
obligations of the previous State of nationality. This Protocol has very few States Parties.
3