Introduction
Relevant International Standards
The 1951 Convention relating to the Status of Refugees and the 1967
Protocol thereto are the foundation of the international refugee
protection regime. The Convention, originally put in place to protect
post-World War refugees in Europe, provides an internationally
accepted definition of who qualifies as a refugee and who does not
(for example, war criminals). It specifies certain rights that accrue to
all those who qualify as refugees, some of which are: the rights to
access employment, housing, education, public relief and assistance,
freedom of religion, access to courts, movement, identification and
travel documents. The Convention also restricts contracting States
from certain actions, such as: discrimination, imposition of taxes
different to those of nationals, and imposition of penalties on refugees
who have entered illegally if they present themselves to authorities
without delay. The cornerstone of the Convention is the principle
of non-refoulement, now considered international law applicable
even to non-contracting States, which prohibits forcible return of the
refugees to the country from which they have fled. The 1967 Protocol
removes all geographic limitations from the original Convention.
The 1954 Convention relating to the Status of Stateless Persons, and
the 1961 Convention on the Reduction of Statelessness, along with
UN’s Campaign to end Statelessness provide the foundation for the
international regime to end statelessness. The 1954 Convention,
signed against the backdrop of the 1948 Universal Human Rights
Declaration which stated that everyone has the right to a nationality,
provides the legal definition of who qualifies as a stateless person,
and who does not (for example, war criminals). It also specifies
certain minimum rights that accrue to all those who qualify as
stateless persons, including but not limited to: the rights to education,
employment, housing and public relief, all on par with nationals.
They are also entitled to identification and travel documents, and
administrative assistance, and to generally be accorded the same
treatment as is given to other aliens generally. The 1954 Convention
also specifies that stateless persons are not to be expelled, except on
grounds of national security or public order. The 1964 Convention
furthers the provisions of the 1954 Convention and specifies certain
measures to reduce the incidence of global statelessness. States are
to grant nationality to all persons, otherwise stateless, who are born
in their territory, and are also prohibited from depriving people of
their nationality rendering them stateless.
xxix