Because the language of Articles 23 and 24 expressly requires that lawfully staying stateless persons be
treated on a par with nationals in certain respects, the linking of stateless persons’ public assistance rights, as
well as certain labor and social security rights, to their residence permit would be impermissible where such
a permit granted individuals fewer rights than those to which nationals are entitled.
3.4.2.4 IDENTIFICATION AND TRAVEL DOCUMENTS
Article 27 of the 1954 Convention provides, “The Contracting States shall issue identity papers to any stateless
person in their territory who does not possess a valid travel document.”
Article 28 requires that states parties issue stateless persons “lawfully staying” in their territory travel
documents. It also requires that states give sympathetic consideration to the issue of travel documents to
certain other stateless persons in their territory.
In Norway, a stateless person cannot obtain an identity document or travel document on the basis of his or
her statelessness. Instead, stateless persons who have another basis for obtaining a Norwegian-issued card
and who do not hold a passport or a travel document from their country of origin can apply for either a
refugee travel document, or for an immigrant’s passport or travel document, which are issued to immigrants
who are not refugees.160 The application procedure for a travel document is well explained on UDI’s website
and the application form is easily accessible.161
Article 27, by its own terms, requires that states parties “issue identity papers to any stateless person in
their territory who does not possess a valid travel document” (emphasis added). Because Norwegian law and
practice do not provide a mechanism for a stateless person present in the Norwegian territory to obtain an
identity document on the ground of statelessness, Norway is urged to modify its practice so that it can bring
it into accordance with Article 27. Likewise, it is urged to modify its practice vis-à-vis travel documents such
that “lawfully staying” stateless persons be issued travel documents.
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160
UDI, Who can be issued Norwegian travel documents?, available at:
http://www.udi.no/en/want-to-apply/immigrants-passport-and-travel-document/.
161
Applicants submit their application for a refugee travel document or an alien’s passport to the police. The police have the
authority to grant an applicant for a travel document or an alien’s passport. However, if the applicant’s eligibility is unclear,
the application is sent to UDI, for evaluation. If UDI rejects the application, the applicant has three weeks to appeal. In case
of an appeal, UDI will reconsider its previous evaluation. If UDI does not overturn its former decision, the application will be
sent automatically to UNE which makes the final decision on the issuance of a travel document. UDI, Case Procedure–Travel
documents, available at: http://www.udi.no/en/want-to-apply/immigrants-passport-and-travel-document/.
M A P P I N G STAT E L E S S N E S S I N N O RWAY