The inclusion of the Article in the Convention was approved by a vote of 17 to none, with 3
171
abstentions.
2.
Paragraph 1 deals with a number of services which nationals of a country ordinarily
receive from their judicial, administrative, or consular authorities, such as delivery of documents
relating to their family position (birth, marriage, adoption, death, or divorce certificate) or their
special position (school or professional certificates) certifications (copies or translations of
documents, regularity of documents or their conformity with the law of the country), identity.
172
Since stateless persons cannot expect to receive such assistance from the authorities of their
former nationality or residence, the country of residence of the stateless persons undertakes to
arrange that these services be rendered by its own authorities.
Paragraph 2 does not, in substance, contain any provision which is not implicit in
paragraph 1. It cannot, on the other hand, be construed as restricting the application of
paragraph 1, although paragraph 1 speaks of “authorities of a foreign country” to whom the
stateless person can have no recourse (which may include not only his former country but because of his former residence - also other countries), while paragraph 2 explicitly refers
only to the “national authorities” of an alien. The seeming discrepancy is overcome by the
use of the word “through” (their national authorities). Under this provision, Contracting
States would be called upon to deliver also documents and certifications which are to be
supplied by authorities other than those of the country of the former nationality of the
stateless person (for instance, if he was born outside the country of his former nationality
or married there) because in such instances the documents and certifications are usually
provided through the authorities of a person’s home country, which act as
173
intermediaries.
The words “by or through” (their national authorities) also indicate that it is either the local
authority which ordinarily renders the service or the consular authorities through which the
documents or certifications are procured or delivered.
Paragraph 2 deals with documents delivered or caused to be delivered “under their [of the
authorities] supervision”. The quoted words were inserted in the Refugee Convention to
indicate that if a document is not directly delivered by the authorities of a Contracting State,
their attestation will be required in order to make them authentic. The attestation was, in
particular required to legalize the signature of the representative of the international body
which, under the Refugee Convention was given authority to deliver documents referred to
174
in Article 25. It is doubtful whether the quoted words have any substantive importance
171
SR.7, p. 16.
172
The Arrangement of 1928 and the Ad Hoc Committee (in its Comments to Art. 20, para. 2) listed the following services
(the latter as an indication of the types of documents which a refugee may require):
(a)
Certifying the identity and the position of the refugees;
(b) Certifying their family position and civil status, in so far as these are based on documents issued or action
taken in the refugees' country of origin;
(c) Testifying to the regularity, validity, and conformity with the previous law of their country of origin, of documents
issued in such country;
(d) Certifying the signature of refugees and copies and translations of documents drawn up in their own language;
(e) Testifying before the authorities of the country to the good character and conduct of the individual refugee, to
his previous record, to his professional qualifications, and to his university or academic standing;
(f) Recommending the individual refugee to the competent authorities, particularly with a view to his obtaining
visas, permits to reside in the country, admission to schools, libraries, etc.
It is rather doubtful whether point (f) listed by the Ad Hoc Committee has anything to do with the "exercise of a right"; nor
could such service properly be called delivery of a document or certification.
173
See the statement of the Belgian representative in the Refugee Conference, SR.11, p. 13.
174
See the statement of the French and Belgian representatives in SR.11, p. 15.