Introduction
A Brief History of the 1954 Convention relating to the Status of Stateless
Persons
Background
Immediately following World War II, the international community and the fledgling
United Nations proposed new international agreements to address the status of
refugees and stateless persons. But the status of refugees was, quite literally, a
higher priority than that of stateless persons on the international community’s
agenda.1
In 1948, the UN Economic and Social Council charged the Secretary General to
study statelessness and to recommend how the United Nations could better protect
stateless people.2 In 1949, the United Nations released the resulting study, “A
Study on Statelessness,”3 and the Council appointed a committee to consider an
international instrument addressing the situation of refugees and stateless
persons.4
That committee, the UN Ad Hoc Committee on Refugees and Stateless Persons,
convened twice in 1950 and compiled two draft international instruments that
would improve the status of refugees and stateless persons.5 First, the Ad Hoc
Committee drafted a convention that would set out the definition of a refugee and
outline the rights associated with refugee status. Second, the Ad Hoc Committee
drafted a protocol on statelessness that would extend to stateless persons some of
the substantive protections from the refugee convention.6
The UN General Assembly advanced these two draft instruments to the 1951
Conference of Plenipotentiaries, which revised and signed the Ad Hoc Committee’s
draft refugee convention. The resulting agreement is now known as the 1951
Convention relating to the Status of Refugees (“1951 Refugee Convention”). The
1950 Ad Hoc Committee’s draft statelessness protocol had incorporated provisions
See, e.g., UN Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons,
Provisional Agenda of Conference to Open at Geneva on Monday, 28 May 1951, at 11 a.m., 9 March
1951, A/CONF.2/2, http://www.refworld.org/docid/3ae68ce08.html.
2 Resolution 116 (VI) (D).
3 UN Ad Hoc Committee on Refugees and Stateless Persons, A Study of Statelessness, 1 August
1949, E/1112; E/1112/Add.1, https://www.refworld.org/docid/3ae68c2d0.html.
4 Resolution 248 (IX) (B).
5 UN Ad Hoc Committee on Refugees and Stateless Persons, Report of the Ad Hoc Committee on
Refugees and Stateless Persons, Second Session, Annex II, 25 August 1950, E/AC.32/8;E/1850,
http://www.refworld.org/docid/3ae68c248.html.
6 Id.
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Electronic copy available at: https://ssrn.com/abstract=4037774