2022
Statelessness & Citizenship Review
4(1)
under the chapeau of the ‘head of household’ or within broader categories of
refugees. It was common practice during the period for children to be included in
the identity documents (akin to passports) of their parents. For example, the
Arrangement relating to the Issue of Identity Certificates to Russian and Armenian
Refugees, Supplementing and Amending the Previous Arrangements provided that
children under the age of 15 years should be included in the identity certificates of
their parents.39 The 1938 Convention concerning the Status of Refugees Coming
from Germany40 specified similar terms for children under 16 years of age. 41
Subject to regulations in the country of issue, the 1946 Agreement relating to the
Issue of a Travel Document to Refugees who are the Concern of the InterGovernmental Committee on Refugees specified that children may be included in
the travel document of an adult refugee. 42
In Annex II to an early draft of the Refugee Convention, the Ad Hoc Committee
on Statelessness and Related Problems stated that ‘members of the immediate
family of a refugee should, in general, be considered as refugees if the head of the
family is a refugee as here defined’.43 Similarly, Mr Paul Weis for the International
Refugee Organization proposed that ‘the status of children of refugees should, even
if they had been born after the outbreak of the war, be determined by that of their
fathers, or, if they were illegitimate, by that of their mothers, provided that they
themselves had not acquired a nationality’, to which the delegates agreed.44
Recommendation B inserted into the Final Act of the United Nations
Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons
asserted that governments should take:
the necessary measures for the protection of the refugee’s family, especially with a
view to ... [e]nsuring that the unity of the refugee’s family is maintained particularly
in cases where the head of the family has fulfilled the necessary conditions for
admission to a particular country.45
This recommendation affirmed the long-standing practice of affording
derivative status to family members, where the head of household satisfied the
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Arrangement relating to the Issue of Identity Certificates to Russian and Armenian Refugees,
Supplementing and Amending the Previous Arrangements, opened for signature 12 May 1926,
89 LNTS 47, 50 [4].
Convention concerning the Status of Refugees Coming from Germany, opened for signature
10 February 1938, 192 LNTS 59 (entered into force 26 October 1928).
ibid art 3(2)(f).
Intergovernmental Committee on Refugees, Final Act of the Intergovernmental Conference
on the Adoption of a Travel Document for Refugees and Agreement relating to the Issue of a
Travel Document to Refugees who are the Concern of the Intergovernmental Committee on
Refugees, 11 UNTS 150 (15 October 1946) art 4.
UN Ad Hoc Committee on Refugees and Stateless Persons, Report of the Ad Hoc Committee
on Statelessness and Related Problems, Lake Success, New York, 16 January to 16 February
1950, UN Doc E/AC.32.5 (17 February 1950) 40.
UN Ad Hoc Committee on Statelessness and Related Problems, Summary Record of the
Seventeenth Meeting Held at Lake Success, New York, on Tuesday, 31 January 1950, at 11am:
Provisional Draft of Parts of the Definition Article Prepared by the Working Group, UN Doc
E/AC.32/L6.Rev.1 (6 February 1950) [34].
Final Act of the UN Conference of Plenipotentiaries on the Status of Refugees and Stateless
Persons, UN Doc A/CONF.2/108/Rev.1 (26 November 1952) 8 [4]; Conference
Plenipotentiaries on the Status of Refugees and Stateless Persons, Summary Record of the
Thirty-Fourth Meeting, UN Doc E/CONF.2/SR.32 (30 November 1951) 4–9.
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