Chapter 1. Introduction
of that country; or who, not having a nationality and being outside the country of his former
habitual residence, is unable or, owing to such fear, is unwilling to return to it. In the case of
a person who has more than one nationality, the term “the country of his nationality” shall
mean each of the countries of which he is a national, and a person shall not be deemed to be
lacking the protection of the country of his nationality if, without any valid reason based on
well-founded fear, he has not availed himself of the protection of one of the countries of which
he is a national.”
This definition demonstrates that the 1951 Convention applies to both refugees
with a nationality, as well as to refugees without a nationality. Hence, some stateless
people – i.e. those who are refugees – are eligible for protection and solutions to their
predicament under this instrument. Important for solving statelessness is Article 34 of
the 1951 Convention, obliging states parties to facilitate the naturalization of refugees,
which means that stateless refugees should be able to acquire a nationality at some
point.
Two treaties specifically dealing with statelessness were adopted in the context of
the UN after World War II: the Convention Relating to the Status of Stateless Persons in
1954 (1954 Convention) and the Convention on the Reduction of Statelessness in 1961
(1961 Convention), which were both briefly mentioned above already. These treaties
contain provisions regarding the prevention of and solutions to statelessness, even if the
1961 Convention at first glance seems more focused on this.
The 1954 Convention is “devoted to the improvement of the status of stateless
persons by setting out a minimum standard of treatment for the stateless to enjoy,
without discrimination”.128 The Convention was modelled after the 1951 Convention129
and mimics this treaty in terms of topics, even though the way in which a stateless
person should be treated may vary per right as compared to refugees. Also, the
entitlements following from the provisions of the 1954 Convention are extended
based on the degree of attachment between a person and the country (s)he finds
him- or herself in.130 Even if the protection of stateless people is in principle outside
of this study’s scope, the 1954 Convention does provide provisions to relevant to the
prevention of and solutions to statelessness. Importantly, the 1954 Convention contains
the definition of a stateless person in Article 1 – the only place where international
law defines ‘statelessness’. Using the definition, we can identify who is (at risk of)
stateless(ness) and thus see where statelessness can be prevented or solved. Identifying
persons as being (at risk of) stateless is thus in any case an important first step in trying
to provide a person with a solution to their situation or preventing them from becoming
statelessness. This is also evidenced when looking at a durable solution to statelessness
128
129
130
Laura van Waas, Nationality Matters. Statelessness under International Law (School of Human Rights
Research Series, Vol 29; Intersentia 2008) 229.
Convention Relating to the Status of Refugees (adopted 28 July 1951, entered into force 22 April 1954)
189 UNTS 137 (1951 Convention/Refugee Convention).
Laura van Waas, ‘The UN Statelessness Conventions’ in Alice Edwards & Laura van Waas (eds),
Nationality and Statelessness under International Law (Cambridge University Press 2014) 64–87,
73–74.
Intersentia
31
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents