The High Contracting Parties,
Considering that the Charter of the United Nations and the Universal
Declaration of Human Rights approved on 10 December 1948 by the General
Assembly of the United Nations have affirmed the principle that human beings
shall enjoy fundamental rights and freedoms without discrimination,
Considering that the United Nations has, on various occasions, manifested
its profound concern for stateless persons and endeavoured to assure stateless
persons the widest possible exercise of these fundamental rights and freedoms,
Considering that only those stateless persons who are also refugees
are covered by the Convention relating to the Status of Refugees of 28
July 1951, and that there are many stateless persons who are not covered
by that Convention,
Considering that it is desirable to regulate and improve the status
of stateless persons by an international agreement, Have agreed as follows:
CHAPTER I
GENERAL PROVISIONS
Article 1.-Definition of the term "stateless person"
1. For the purpose of this Convention, the term "stateless person"
means a person who is not considered as a national by any State under the
operation of its law.
2. This Convention shall not apply:
(i) To persons who are at present receiving from organs or agencies
of the United Nations other than the United Nations High Commissioner for
Refugees protection or assistance so long as they are receiving such protection
or assistance;
(ii) To persons who are recognized by the competent authorities of the
country in which they have taken residence as having the rights and obligations
which are attached to the possession of the nationality of that country;
(iii) To persons with respect to whom there are serious reasons for
considering that:
(a) They have committed a crime against peace, a war crime, or a crime
against humanity, as defined in the international instruments drawn up
to make provisions in respect of such crimes;
(b) They have committed a serious non-political crime outside the country
of their residence prior to their admission to that country;
(c) They have been guilty of acts contrary to the purposes and principles
of the United Nations.
Article 2.-General obligations
Every stateless person has duties to the country in which he finds himself,
which require in particular that he conform to its laws and regulations
as well as to measures taken for the maintenance of public order.
Article 3.-Non-discrimination
The Contracting States shall apply the provisions of this Convention
to stateless persons without discrimination as to race, religion or country
of origin.
Article 4. -Religion
The Contracting States shall accord to stateless persons within their
territories treatment at least as favourable as that accorded to their
nationals with respect to freedom to practise their religion and freedom
as regards the religious education of their children.
Article 5. - Rights granted apart from this Convention
Nothing in this Convention shall be deemed to impair any rights and
benefits granted by a Contracting State to stateless persons apart from
this Convention.
Article 6. - The term "in the same circumstances"
For the purpose of this Convention, the term " in the same circumstances"
implies that any requirements (including requirements as to length and
conditions of sojourn or residence) which the particular individual would
have to fulfil for the enjoyment of the right in question, if he were not
a stateless person, must be fulfilled by him, with the exception of requirements
which by their nature a stateless person is incapable of fulfilling.
Article 7. - Exemption from reciprocity
1. Except where this Convention contains more favourable provisions,
a Contracting State shall accord to stateless persons the same treatment
as is accorded to aliens generally.
2. After a period of three years' residence, all stateless persons shall
enjoy exemption from legislative reciprocity in the territory of the Contracting
States.
3. Each Contracting State shall continue to accord to stateless persons
the rights and benefits to which they were already entitled, in the absence
of reciprocity, at the date of entry into force of this Convention for
that State.
4. The Contracting States shall consider favourably the possibility
of according to stateless persons, in the absence of reciprocity, rights
and benefits beyond those to which they are entitled according to paragraphs
2 and 3, and to extending exemption from reciprocity to stateless persons
who do not fulfil the conditions provided for in paragraphs 2 and 3.
5. The provisions of paragraphs 2 and 3 apply both to the rights and
benefits referred to in articles 13, 18, 19, 21 and 22 of this Convention
and to rights and benefits for which this Convention does not provide.
Article 8. - Exemption from exceptional measures
With regard to exceptional measures which may be taken against the person,
property or interests of nationals or former nationals of a foreign State,
the Contracting States shall not apply such measures to a stateless person
solely on account of his having previously possessed the nationality of
the foreign State in question. Contracting States which, under their legislation,
are prevented from applying the general principle expressed in this article
shall, in appropriate cases, grant exemptions in favour of such stateless
persons.
Article 9. - Provisional measures
Nothing in this Convention shall prevent a Contracting State, in time
of war or other grave and exceptional circumstances, from taking provisionally
measures which it considers to be essential to the national security in
the case of a particular person, pending a determination by the Contracting
State that that person is in fact a stateless person and that the continuance
of such measures is necessary in his case in the interests of national
security.
Article 10. - Continuity of residence
1. Where a stateless person has been forcibly displaced during the Second
World War and removed to the territory of a Contracting State, and is resident
there, the period of such enforced sojourn shall be considered to have
been lawful residence within that territory.
2. Where a stateless person has been forcibly displaced during the Second
World War from the territory of a Contracting State and has, prior to the
date of entry into force of this Convention, returned there for the purpose
of taking up residence, the period of residence before and after such enforced
displacement shall be regarded as one uninterrupted period for any purposes
for which uninterrupted residence is required.
Article 11. - Stateless seamen
In the case of stateless persons regularly serving as crew members on
board a ship flying the flag of a Contracting State, that State shall give
sympathetic consideration to their establishment on its territory and the
issue of travel documents to them or their temporary admission to its territory
particularly with a view to facilitating their establishment in another
country.
CHAPTER II
JURIDICAL STATUS
Article 12. - Personal status
1. The personal status of a stateless person shall be governed by the
law of the country of his domicile or, if he has no domicile, by the law
of the country of his residence.
2. Rights previously acquired by a stateless person and dependent on
personal status, more particularly rights attaching to marriage, shall
be respected by a Contracting State, subject to compliance, if this be
necessary, with the formalities required by the law of that State, provided
that the right in question is one which would have been recognized by the
law of that State had he not become stateless.
Article 13. - Movable and immovable property
The Contracting States shall accord to a stateless person treatment
as favourable as possible and, in any event, not less favourable than that
accorded to aliens generally in the same circumstances, as regards the
acquisition of movable and immovable property and other rights pertaining
thereto, and to leases and other contracts relating to movable and immovable
property.
Article 14. - Artistic rights and industrial property
In respect of the protection of industrial property, such as inventions,
designs or models, trade marks, trade names, and of rights in literary,
artistic and scientific works, a stateless person shall be accorded in
the country in which he has his habitual residence the same protection
as is accorded to nationals of that country. In the territory of any other
Contracting State, he shall be accorded the same protection as is accorded
in that territory to nationals of the country in which he has his habitual
residence.
Article 13. - Right of association
As regards non-political and non -profit- making associations and trade
unions the Contracting States shall accord to stateless persons lawfully
staying in their territory treatment as favourable as possible, and in
any event, not less favourable than that accorded to aliens generally in
the same circumstances.
Article 16. - Access to courts
1. A stateless person shall have free access to the courts of law on
the territory of all Contracting States.
2. A stateless person shall enjoy in the Contracting State in which
he has his habitual residence the same treatment as a national in matters
pertaining to access to the courts, including legal assistance and exemption
from cautio judicatum solvi.
3. A stateless person shall be accorded in the matters referred to in
paragraph 2 in countries other than that in which he has his habitual residence
the treatment granted to a national of the country of his habitual residence.
CHAPTER III
GAINFUL EMPLOYMENT
Article 17. - Wage-earning employment
1. The Contracting States shall accord to stateless persons lawfully
staying in their territory treatment as favourable as possible and, in
any event, not less favourable that that accorded to aliens generally in
the same circumstances, as regards the right to engage in wage-earning
employment.
2. The Contracting States shall give sympathetic consideration to assimilating
the rights of all stateless persons with regard to wage-earning employment
to those of nationals, and in particular of those stateless persons who
have entered their territory pursuant to programmes of labour recruitment
or under immigration schemes.
Article 18. - Self-employment
The Contracting States shall accord to a stateless person lawfully in
their territory treatment as favourable as possible and, in any event,
not less favourable than that accorded to aliens generally in the same
circumstances, as regards the right to engage on his own account in agriculture,
industry, handicrafts and commerce and to establish commercial and industrial
companies.
Article 19. - Liberal professions
Each Contracting State shall accord to stateless persons lawfully staying
in their territory who hold diplomas recognized by the competent authorities
of that State, and who are desirous of practising a liberal profession,
treatment as favourable as possible and, in any event, not less favourable
than that accorded to aliens generally in the same circumstances.
CHAPTER IV
WELFARE
Article 20. - Rationing
Where a rationing system exists, which applies to the population at
large and regulates the general distribution of products in short supply,
stateless persons shall be accorded the same treatment as nationals.
Article 21. - Housing
As regards housing, the Contracting States, in so far as the matter
is regulated by laws or regulations or is subject to the control of public
authorities, shall accord to stateless persons lawfully staying in their
territory treatment as favourable as possible and, in any event, not less
favourable than that accorded to aliens generally in the same circumstances.
Article 22. - Public education
1. The Contracting States shall accord to stateless persons the same
treatment as is accorded to nationals with respect to elementary education.
2. The Contracting States shall accord to stateless persons treatment
as favourable as possible and, in any event, not less favourable than that
accorded to aliens generally in the same circumstances, with respect to
education other than elementary education and, in particular, as regards
access to studies, the recognition of foreign school certificates, diplomas
and degrees, the remission of fees and charges and the award of scholarships.
Article 23. -Public relief
The Contracting States shall accord to stateless persons lawfully staying
in their territory the same treatment with respect to public relief and
assistance as is accorded to their nationals.
Article 24. - Labour legislation and social security
1. The Contracting States shall accord to stateless persons lawfully
staying in their territory the same treatment as is accorded to nationals
in respect of the following matters:
(a) In so far as such matters are governed by laws or regulations or
are subject to the control of administrative authorities; remuneration,
including family allowances where these form part of remuneration, hours
of work, overtime arrangements, holidays with pay, restrictions on home
work, minimum age of employment, apprenticeship and training, women's work
and the work of young persons, and the enjoyment of the benefits of collective
bargaining;
(b) Social security (legal provisions in respect of employment injury,
occupational diseases, maternity, sickness, disability, old age, death,
unemployment, family responsibilities and any other contingency which,
according to national laws or regulations, is covered by a social security
scheme), subject to the following limitations:
(i) There may be appropriate arrangements for the maintenance of acquired
rights and rights in course of acquisition;
(ii) National laws or regulations of the country of residence may prescribe
special arrangements concerning benefits or portions of benefits which
are payable wholly out of public funds, and concerning allowances paid
to persons who do not fulfil the contribution conditions prescribed for
the award of a normal pension.
2. The right to compensation for the death of a stateless person resulting
from employment injury or from occupational disease shall not be affected
by the fact that the residence of the beneficiary is outside the territory
of the Contracting State.
3. The Contracting States shall extend to stateless persons the benefits
of agreements concluded between them, or which may be concluded between
them in the future, concerning the maintenance of acquired rights and rights
in the process of acquisition in regard to social security, subject only
to the conditions which apply to nationals of the States signatory to the
agreements in question.
4. The Contracting States will give sympathetic consideration to extending
to stateless persons so far as possible the benefits of similar agreements
which may at any time be in force between such Contracting States and non-contracting
States.
CHAPTER V
ADMINISTRATIVE MEASURES
Article 25. - Administrative assistance
1. When the exercise of a right by a stateless person would normally
require the assistance of authorities of a foreign country to whom he cannot
have recourse, the Contracting State in whose territory he is residing
shall arrange that such assistance be afforded to him by their own authorities.
2. The authority or authorities mentioned in paragraph I shall deliver
or cause to be delivered under their supervision to stateless persons such
documents or certifications as would normally be delivered to aliens by
or through their national authorities.
3. Documents or certifications so delivered shall stand in the stead
of the official instruments delivered to aliens by or through their national
authorities and shall be given credence in the absence of proof to the
contrary.
4. Subject to such exceptional treatment as may be granted to indigent
persons, fees may be charged for the services mentioned herein, but such
fees shall be moderate and commensurate with those charged to nationals
for similar services.
5. The provisions of this article shall be without prejudice to articles
27 and 28.
Article 26. - Freedom of movement
Each Contracting State shall accord to stateless persons lawfully in
its territory the right to choose their place of residence and to move
freely within its territory, subject to any regulations applicable to aliens
generally in the same circumstances.
Article 27. - Identity papers
The Contracting States shall issue identity papers to any stateless
person in their territory who does not possess a valid travel document.
Article 28. - Travel documents
The Contracting States shall issue to stateless persons lawfully staying
in their territory travel documents for the purpose of travel outside their
territory, unless compelling reasons of national security or public order
otherwise require, and the provisions of the schedule to this Convention
shall apply with respect to such documents. The Contracting States may
issue such a travel document to any other stateless person in their territory;
they shall in particular give sympathetic consideration to the issue of
such a travel document to stateless persons in their territory who are
unable to obtain a travel document from the country of their lawful residence.
Article 29. - Fiscal charges
1. The Contracting States shall not impose upon stateless persons duties,
charges or taxes, of any description whatsoever, other or higher than tho
se which are or may be levied on their nationals in similar situations
.
2. Nothing in the above paragraph shall prevent the application to stateless
persons of the laws and regulations concerning charges in respect of the
issue to aliens of administrative documents including identity papers.
Article 30. - Transfer of assets
1. A Contracting State shall, in conformity with its laws and regulations,
permit stateless persons to transfer assets which they have brought into
its territory, to another country where they have been admitted for the
purposes of resettlement. 2. A Contracting State shall give sympathetic
consideration to the application of stateless persons for permission to
transfer assets wherever they may be and which are necessary for their
resettlement in another country to which they have been admitted. Article
31. - Expulsion
1. The Contracting States shall not expel a stateless person lawfully
in their territory save on grounds of national security or public order.
2. The expulsion of such a stateless person shall be only in pursuance
of a decision reached in accordance with due process of law. Except where
compelling reasons of national security otherwise require, the stateless
person shall be allowed to submit evidence to clear himself, and to appeal
to and be represented for the purpose before competent authority or a person
or persons specially designated by the competent authority.
3. The Contracting States shall allow such a stateless person a reasonable
period within which to seek legal admission into another country. The Contracting
States reserve the right to apply during that period such internal measures
as they may deem necessary.
Article 32. - Naturalization
The Contracting States shall as far as possible facilitate the assimilation
and naturalization of stateless persons. They shall in particular make
every effort to expedite naturalization proceedings and to reduce as far
as possible the charges and costs of such proceedings.
CHAPTER VI
FINAL CLAUSES
Article 33. - Information on national legislation
The Contracting States shall communicate to the Secretary-General of
the United Nations the laws and regulations which they may adopt to ensure
the application of this Convention.
Article 34. - Settlement of disputes
Any dispute between Parties to this Convention relating to its interpretation
or application, which cannot be settled by other means, shall be referred
to the International Court of Justice at the request of any one of the
parties to the dispute.
Article 35. - Signature, ratification and accession
1. This Convention shall be open for signature at the Headquarters of
the United Nations until 31 December 1955.
2. It shall be open for signature on behalf of:
(a) Any State Member of the United Nations;
(b) Any other State invited to attend the United Nations Conference
on the Status of Stateless Persons; and
(c) Any State to which an invitation to sign or to accede may be addressed
by the General Assembly of the United Nations.
3. It shall be ratified and the instruments of ratification shall be
deposited with the Secretary-General of the United Nations.
4. It shall be open for accession by the States referred to in paragraph
2 of this article. Accession shall be effected by the deposit of an instrument
of accession with the Secretary-General of the United Nations.
Article 36. - Territorial application clause
1. Any State may, at the time of signature, ratification or accession,
declare that this Convention shall extend to all or any of the territories
for the international relations of which it is responsible. Such a declaration
shall take effect when the Convention enters into force for the State concerned.
2. At any time thereafter any such extension shall be made by notification
addressed to the Secretary-General of the United Nations and shall take
effect as from the ninetieth day after the day of receipt by the Secretary-General
of the United Nations of this notification, or as from the date of entry
into force of the Convention for the State concerned, whichever is the
later.
3. With respect to those territories to which this Convention is not
extended at the time of signature, ratification or accession, each State
concerned shall consider the possibility of taking the necessary steps
in order to extend the application of this Convention to such territories,
subject, where necessary for constitutional reasons, to the consent of
the Governments of such territories.
Article 37. - Federal clause
In the case of a Federal or non-unitary State, the following provisions
shall apply
(a) With respect to those articles of this Convention that come within
the legislative jurisdiction of the federal legislative authority, the
obligations of the Federal Government shall to this extent be the same
as those of Parties which are not Federal States;
(b) With respect to those articles of this Convention that come within
the legislative jurisdiction of constituent States, provinces or cantons
which are not, under the constitutional system of the Federation, bound
to take legislative action, the Federal Government shall bring such articles
with a favourable recommendation to the notice of the appropriate authorities
of States, provinces or cantons at the earliest possible moment;
(c) A Federal State Party to this Convention shall, at the request of
any other Contracting State transmitted through the Secretary-General of
the United Nations, supply a statement of the law and practice of the Federation
and its constituent units in regard to any particular provision of the
Convention showing the extent to which effect has been given to that provision
by legislative or other action.
Article 38. - Reservations
1. At the time of signature, ratification or accession, any State may
make reservations to articles of the Convention other than to articles
1, 3, 4, 16 (1) and 33 to 42 inclusive.
2. Any State making a reservation in accordance with paragraph I of
this article may at any time withdraw the reservation by a communication
to that effect addressed to the Secretary-General of the United Nations.
Article 39. - Entry into force
1. This Convention shall come into force on the ninetieth day following
the day of deposit of the sixth instrument of ratification or accession.
2. For each State ratifying or acceding to the Convention after the
deposit of the sixth instrument of ratification or accession, the Convention
shall enter into force on the ninetieth day following the date of deposit
by such State of its instrument of ratification or accession.
Article 40. - Denunciation
1. Any Contracting State may denounce this Convention at any time by
a notification addressed to the Secretary-General of the United Nations.
2. Such denunciation shall take effect for the Contracting State concerned
one year from the date upon which it is received by the Secretary-General
of the United Nations.
3. Any State which has made a declaration or notification under article
36 may, at any time thereafter, by a notification to the Secretary- General
of the United Nations, declare that the Convention shall cease to extend
to such territory one year after the date of receipt of the notification
by the Secretary-General.
Article 41. - Revision
1. Any Contracting State may request revision of this Convention at
any time by a notification addressed to the Secretary-General of the United
Nations.
2. The General Assembly of the United Nations shall recommend the steps,
if any, to be taken in respect of such request.
Article 42. - Notifications by the Secretary-General of the United
Nations
The Secretary-General of the United Nations shall inform all Members
of the United Nations and non-member States referred to in article 35:
(a) Of signatures, ratifications and accessions in accordance with article
35;
(b) Of declarations and notifications in accordance with article 36;
(c) Of reservations and withdrawals in accordance with article 38;
(d) Of the date on which this Convention will come into force in accordance
with article 39;
(e) Of denunciations and notifications in accordance with article 40;
(f) Of request for revision in accordance with article 41.
IN FAITH WHEREOF the undersigned, duly authorized, have signed this
Convention on behalf of their respective Governments.
DONE at New York, this twenty-eighth day of September, one thousand
nine hundred and fifty-four, in a single copy, of which the English, French
and Spanish texts are equally authentic and which shall remain deposited
in the archives of the United Nations, and certified true copies of which
shall be delivered to all Members of the United Nations and to the non-member
States referred to in article 35.