Much discussion took place on this issue at the conference. However, as the Chairman
of the conference of plenipotentiaries has confirmed and Robinson stresses, the state
must apply the more favorable provisions of the Refugee Convention. Signatories of the
two Conventions apply the Refugee Convention to all refugees, including stateless
persons, and apply the Stateless Persons Convention to stateless persons who are not
refugees. This is also justified by the circumstances where the Stateless Persons
Convention was originally intended to cover such persons to whom the Refugee
Convention is not applicable.48
The second refers to the reasons for limiting the definition of stateless persons to de jure
stateless persons. Among several factors,49 the most important lies in the drafters’
intention to avoid an overlap between the two Conventions. It was thought that de jure
statelessness occurred from a conflict of nationality laws, and de facto statelessness
from intentional action such as escape from persecution of the country of nationality. In
other words, de facto stateless persons and refugees were placed in the same category.
The premise that de facto stateless persons are refugees and should be dealt with as such
led to the thinking that the application of the Stateless Persons Convention should be
limited to de jure stateless persons.50
Others reasons are that a clear definition was necessary to prevent discrepancy among
contracting parties in determining statelessness. The drafters did not want the
Convention to be the impetus for persons to attempt to secure a second nationality if
they felt they were de facto stateless. In addition to these circumstances, the conference
of plenipotentiaries hoped to secure as many signatory countries and ratifications as
possible without reservations.51
The third problem lies in the administrative practices determining statelessness. The
48
Robinson, supra note 9, Article 1, para.1
Batchelor, supra note 3, pp.172-73; Batchelor, supra note 16, pp.247-48
50
The Final Act recommends contracting States to extend the rights accorded to de jure stateless persons
under the Convention to de facto stateless persons, if it decides that the reasons for renunciation of
nationality is valid. Worthy of note is that while determination as a de jure stateless person will have
extraterritorial effects, voluntary treatment as a de facto stateless person may not always do so. Therefore,
it may be said that States are not under an obligation (no violation of Article 28) to recognize the validity
of travel documents issued by other states to de facto stateless persons. However, signatory states are
expected to recognize the validity of this travel document based on the recommendation. Robinson, supra
note 9, Article 1, para. 5.
51
As of November 1, 2007, only 62 countries have become signatories to this Convention. Asian
countries including Japan have not signed the Convention.
http://www/unhcr.ch/html/menue/b/o_c_sp.htm.
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