Part I. Introduction and Context
replaced the Intergovernmental Committee on Refugees (IGCR) – a refugee agency that
had been founded outside of the LoN system in 1938 in view of the intensifying refugee
challenge.397 IRO was a temporary UN agency (to complete its activities in 1950),
designed to help European refugees.398 Both the IRO and the IGCR were basically
tasked with “providing material assistance, and identifying and negotiating political
solutions, such as repatriation and resettlement, not with creating a legal framework to
impose legal obligations on states vis-à-vis refugees and stateless persons”.399
To gain more insight in the issue of statelessness, nonetheless, studies were
undertaken. Already in 1946, the IGCR looked at statelessness and some of its causes
in Europe, noting that the issue was widespread and that international action was
needed.400 More importantly, with a resolution of the Economic and Social Council
(ECOSOC) in 1948401, a study regarding statelessness was commissioned to gain a better
understanding of the issue and to investigate the desirability of further international
agreements on the matter.402 The study, prepared by the Secretary-General, gives an
overview of relevant legal instruments and addresses both the improvement of the status
of stateless people and the elimination of statelessness. Importantly, it recommends the
drafting of a new treaty regarding statelessness in cooperation with the IRO.403
When the IRO was about to expire, tensions around the world and in the context
of the Cold War proved that refugees were not a temporary issue that the international
community had to face.404 At the same time, the IRO had been unable to really
complete its activities as thousands of people remained displaced in Europe. In
December 1949, it was therefore decided to establish a new organization for refugees:
UNHCR405, which would later play an important role with regard to the Statelessness
Conventions.406
After the establishment of UNHCR, a number of legal instruments on refugees and
the stateless were developed as we saw in paragraph 1.5.1, which considered the content
of these instruments. Here, the background to these documents is considered. After the
UN study of statelessness, an Ad Hoc Committee on Statelessness and Related Problems
was established. They agreed that there was a need for an international treaty for the
protection of refugees and stateless people, but some members pressed for separate
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399
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401
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403
404
405
406
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See also Michelle Foster & Hélène Lambert, International Refugee Law and the Protection of Stateless
Persons (Oxford University Press 2019) 24–25.
On the IRO see for instance also UNCHR, The State of the World’s Refugees 2000. Fifty Years of
Humanitarian Action (UNHCR/Oxford University Press 2000) ch 1.
Michelle Foster & Hélène Lambert, International Refugee Law and the Protection of Stateless Persons
(Oxford University Press 2019) 25–26.
IGCR, ‘Statelessness and Some of its Causes: An Outline’ (1946 Memorandum).
ECOSOC Res 116 (VI) D (1948) Resolutions adopted by the Economic and Social Council during its
Sixth Session (2 February to 11 March 1948) 18.
UN Department of Social Affairs, A Study of Statelessness (1949, E/1112/ Add. 1).
Ibid.
UNCHR, The State of the World’s Refugees 2000. Fifty Years of Humanitarian Action (UNHCR/Oxford
University Press 2000) 17–19.
UNGA Res 319 (IV) (3 December 1949) UN Doc A/RES/319(IV).
See para 1.5.1.
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