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1954 Convention Relating to the Status of Stateless Persons

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While the Convention Relating to the Status of Refugees was adopted that year, international negotiations on the protection needs of stateless persons continued. The Convention relating to the Status of Stateless Persons was adopted on 28 September 1954 and entered into force on 6 June 1960. The Convention also prohibits the expulsion of stateless persons who are lawfully on the territory of a State Party.

The 1954 Convention relating to the Status of Stateless Persons is of critical importance today as millions of people around the world continue to face serious problems because they are stateless. It is imperative that the provisions of this Convention be widely known and that all stakeholders join UNHCR in promoting increased accessions to the Convention to address the plight of stateless persons worldwide. The Contracting States shall apply the provisions of this Convention to stateless persons without discrimination as to race, religion or country of origin.

Nothing in this Convention shall be deemed to affect the rights and benefits granted by a Contracting State to stateless persons, apart from this Convention. Except where this Convention contains more favorable provisions, a Contracting State shall accord to stateless persons the same treatment as is accorded to aliens generally. After a period of three years of residence, all stateless persons shall enjoy the exemption from legislative reciprocity in the territory of the Contracting States.

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 of his habitual residence. With regard to non-political and non-profit associations and trade unions, the Contracting States shall accord to stateless persons lawfully residing in their territory treatment as favorable as possible and in any case not less favorable than that accorded to aliens generally in the same circumstances. A stateless person shall have free access to the courts in the territory of all contracting states.

A stateless person shall enjoy in the Contracting State of his habitual residence the same treatment as a national in matters related to access to justice, including legal aid and exemption from cautio judicatum solvi. A stateless person shall, in the matters referred to in paragraph 2 in countries other than that of his habitual residence, be accorded the treatment accorded to a national of his country of habitual residence.

The Contracting States shall accord to stateless persons lawfully present in their territory the same treatment with regard to public relief and assistance as is accorded to their nationals. labor legislation and social security. The Contracting States shall accord to stateless persons lawfully residing in their territory the same treatment accorded to nationals in respect of the following matters:. To the extent that such matters are regulated by laws or regulations or are subject to the control of administrative authorities: remuneration, including child benefits where these are part of the remuneration, working hours, overtime, holiday with pay, restrictions on homework, minimum age for employment, apprenticeship and training , women's and youth work and the enjoyment of the benefits of collective bargaining.

There may be suitable agreements for the preservation of the rights and entitlements acquired during the acquisition;. ii) The national laws or regulations of the country of residence may prescribe special arrangements in relation to benefits or parts of benefits paid entirely from public funds, and in relation to compensations paid to persons who do not meet the prescribed conditions for contribution. for granting a normal pension. The right to compensation for the death of a stateless person resulting from injury at work or occupational disease shall not be affected by the fact that the residence of the beneficiary is outside the territory of the Contracting State. The Contracting States shall grant to stateless persons the benefits of agreements concluded between them, or which may be concluded between them in the future, regarding the maintenance of rights and entitlements acquired in the process of obtaining social security , only subject to the conditions that apply to the citizens of the signatory states of the agreements in question.

The Contracting States will favorably consider extending to stateless persons, as far as possible, the benefits of similar agreements which may at any time be in force between such Contracting States and non-Contracting States.

Contracting States shall issue identity cards to any stateless person in their territory who does not possess a valid travel document. Contracting States shall issue to stateless persons lawfully present in their territory travel documents for the purpose of travel outside their territory, unless compelling reasons of national security or public order require otherwise, and the provisions of the Schedule to this Convention shall apply with respect to such documents. Contracting States may issue such a travel document to any other stateless person in their territory; they will in particular kindly consider issuing such a travel document to stateless persons in their territory who are unable to obtain a travel document from their country of legal residence.

The Contracting States shall not impose on stateless persons duties, charges or taxes of any kind, other or higher than those which are or may be imposed on their nationals in similar situations. Nothing in the above paragraph prevents the laws and regulations relating to fees in connection with the issuing of administrative documents to foreigners, including identity papers, being applied to stateless persons. A Contracting State shall, in accordance 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 resettlement.

Contracting States shall not expel a stateless person lawfully in their territory, except for reasons of national security or public order. Deportation of such a stateless person is done only in implementation of a decision made in accordance with the regular legal process. Unless imperative reasons of national security require otherwise, the stateless person will be allowed to present evidence to clear himself and to complain and represent for this purpose before the competent authority or a person or persons specially designated by the competent. the authority.

Contracting States shall allow such a stateless person a reasonable period within which to seek legal admission to another country. Contracting States shall facilitate as much as possible the assimilation and naturalization of stateless persons. In particular, they will make every effort to speed up naturalization procedures and to reduce as much as possible the fees and costs of these procedures.

It shall be ratified and the instruments of ratification shall be deposited with the Secretary-General of the United Nations. Accession takes place by depositing an instrument of accession with the Secretary-General of the United Nations. 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 whose international relations it is responsible.

Any State making a reservation in accordance with paragraph 1 of this article may at any time withdraw the reservation by means of a communication to that effect addressed to the Secretary-General of the United Nations. This Convention shall enter into force on the ninetieth day after the date of deposit of the sixth instrument of ratification or accession. Any Contracting State may denounce this Convention at any time by means of a notification addressed to the Secretary-General of the United Nations.

Such denunciation shall take effect for the Contracting State concerned one year from the date of its receipt by the Secretary-General of the United Nations. Any Contracting State may at any time request the revision of this Convention by a communication addressed to the Secretary-General of the United Nations. The United Nations General Assembly shall recommend what steps, if any, should be taken in connection with such a request. Secretary General of the United Nations.

The Secretary-General of the United Nations shall notify all members of the United Nations and non-member states referred to in Article 35: The travel document referred to in Article 28 of this Convention states that the holder is a stateless person in accordance with the Convention of 28 September 1954. The fees charged for issuing the document must not exceed the lowest scale of fees for national passports.

Contracting States shall recognize the validity of documents issued in accordance with the provisions of Article 28 of this Convention. A travel document issued in accordance with Article 28 of this Convention, unless it contains a statement to the contrary, entitles the holder to re-enter the territory of the issuing State at any time during its period of validity. Neither the issuance of the document nor the entries made on it determine or affect the status of the holder, particularly with regard to nationality.

Issuing a document does not entitle the holder in any way to the protection of the diplomatic or consular authorities of the issuing country and does not ipso facto entitle these authorities to protection.

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