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A Study of Statelessness, United Nations, August 1949, Lake Success

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A Study of Statelessness, United Nations, August 1949, Lake Success E/1112;E/1112/Add.1 A Study of Statelessness United Nations August 1949 Lake Success - New York INTRODUCTION I. ORIGINS OF THE PRESENT STUDY 1. THE TERMS OF REFERENCE GIVEN TO THE SECRETAY-GENERAL BY THE ECONOMIC AND SOCIAL COUNCIL At its sixth session, the Economic and Social Council adopted resolution 116 (VI) D, dated I and 2 March 1948,[1] reading as follows: “D “STATELESS PERSONS “The Economic and Social Council, “Taking note of the resolution of the Commission on Human Rights adopted at its second session regarding stateless persons,[2] “Recognizing that this problem demands in the first instance the adoption of interim measures to afford protection to stateless persons, and secondly the taking of joint and separate action by Member nations in co-operation with the United Nations to ensure that everyone shall have an effective right to a nationality, “Requests the Secretary-General, in consultation with interested commissions and specialized agencies: “(a) To undertake a study of the existing situation in regard to the protection of stateless persons by the issuance of necessary documents and other measures, and to make recommendations to an early session of the Council on the interim measures which might be taken by the United Nations to further this object; “(b) To undertake a study of national legislation and international agreements and conventions relevant to statelessness, and to submit recommendations to the Council as to the desirability of concluding a further convention on this subject.” The resolution of the Commission on Human Rights to which the resolution of the Council refers and to which it gives effect, reads as follows: “46. Stateless Persons. The Commission considered a draft resolution on stateless persons proposed by the Working Group on the Covenant relating to stateless persons (document E/CN.4/56, page 15). As a result, it adopted the following resolution: The Commission on Human Rights [1] Resolutions adopted by the Economic and Social Council during its sixth session (2 February to 11 March 1948), page 18. [2] See Official Records of the Economic and Social Council, Third Year, sixth session, Supplement No. 1, pages 13 and 14. I. Expresses the wish: (a) … (b) That early consideration be given by the United Nations to the legal status of persons who do not enjoy the protection of any government, in particular pending the acquisition of nationality as regards their legal and social protection and their documentation. II. Recommends that such work be undertaken in consultation with those specialized agencies at present assuming the protection of some categories of persons not enjoying the protection of any government and that due regard be paid to relevant international agreements and conventions.”[3] It is important to note that, after the resolution of the Council, the General Assembly of the United Nations adopted the Universal Declaration of Human Rights, which reads as follows: “Article 15 (1) Everyone has the right to a nationality. “(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.” The fore-mentioned resolution of the Council deals precisely with the means of implementation of Article 15 of the Declaration, namely “the adoption of interim measures to afford protection to stateless persons” and action “to ensure that everyone shall have an effective right to a nationality”. 2. CONSULTATIONS BY THE SECRETARY-GENERAL The Secretary-General, in accordance with the above resolution recommending him to consult “interested commissions and specialized agencies” consulted the Director-General of the International Refugee Organization at the various stages of his work. In addition he requested information from the Director of the International Labour Office on certain points within the latter’s specific competence, and submitted the draft of the Study to him. Finally, the Secretary-General obtained expert opinion from Mr. Paul Niboyet, Professor of the Paris Faculty of Law, on national legislation under which the possession of a nationality is not at present ensured to every individual. 3. NATURE OF THE STUDY In accordance with paragraph (b) of the Council’s resolution, the Secretary-General is requested to study national legislation and international agreements and conventions relevant to statelessness. In this connexion, the Secretary-General points out that he has not undertaken an exhaustive study of the provisions of national legislation concerning nationality. In the first place, that would have taken a long time, and, secondly, if the Economic and Social Council decides to work for the conclusion of international conventions for the abolition of statelessness, it will probably require to [3] See Official Records of the Economic and Social Council, Third Year, sixth session, Supplement No. 1, pages 13 and 14. request Governments for precise information on the present position of their legislation in the matter. For the time being, therefore, it seems sufficient to give a general picture of the law governing nationality, indicating the main systems in force. The quotations and references here given are intended merely as examples. II. STATELESSNESS PAST AND PRESENT 1. GENERAL HISTORICAL SURVEY Statelessness is a phenomenon as old as the concept of nationality. Present-day law recognizes the State as the sole authority responsible for determining the rules governing the attribution of its own nationality. There are only a small number of conventions concerning statelessness, designed to abolish it in certain specific cases. The absence of general rules for the attribution of nationality and the discrepancies between the various national legislations constitute the permanent source of statelessness. Until the beginning of the twentieth century, however, the resultant statelessness was a limited phenomenon and consequently did not greatly disturb international life. After the territorial reshuffling and the political-and social crises which followed the First World War, statelessness assumed unprecedented proportions. First came the exodus of more than a million Russian and Armenian refugees. Then the establishment of the Fascist régime in Italy was followed by the flight of tens of thousands of Italian refugees. In 1937 France had to take in over 100,000 Spanish Republicans and in 1939, over 400,000. Since that time Spanish refugees have continued to enter clandestinely. Immediately before and during the Second World War the exodus of Germans opposed to nazism and fascism and of persecuted Jews from the Axis countries and the occupied territories greatly increased. In the Far East population movements occurred as a result of Japanese aggression. At the present time an interrupted stream of refugees from the East European countries is flowing towards the West. 2. STATISTICS ON STATELESS PERSONS It is impossible to submit statistics concerning the number of stateless persons in need of international legal and political protection. No account has been taken of stateless persons who are not refugees. The only thing that can be said is that their number is limited. As regards the stateless refugees who would require international legal and political protection, their number cannot be determined even though there exist statistics concerning those individuals who formed the various waves of refugees who have fled from their countries since the end of the first world war; on the other hand, there exist complete and reliable statistics concerning the number of refugees who are the responsibility of the IRO. It could be thought that the number of refugees in the charge of the IRO would supply a reliable basis for the determination of the number of refugees who would in the near future require international legal and political protection, inasmuch as the functions of the IRO include material assistance to refugees as well as their legal and political protection. However such a basis of evaluation could lead to erroneous conclusions, for the following reasons: In the first place, the main task of the IRO is the repatriation or resettlement of refugees who are under its care. It can therefore be said that the large majority of refugees who are the responsibility of the IRO will not, in the future, need legal and political protection. Such will certainly be the case for the repatriated refugees as well as for the re-established refugees who will have acquired the nationality of the country of resettlement. As for the re-established refugees who have not yet acquired the nationality of the country of re-establishment, it can be assumed that a large number among them will not require international protection. In the second place, there exist refugees who have never received material assistance from the IRO. The IRO could have given them legal protection in accordance with its Constitution, but they have not made themselves known to the IRO. The statistics of the IRO therefore do not include these refugees. It must also be remarked that the problem of refugees is in constant evolution. In order to determine the number of refugees who would require international legal and political protection, it would be necessary to make the following calculations: First, the total number of individuals who formed the various waves of refugees who fled from their country of origin, and who have thus become stateless de jure or de facto must be accounted for. To these should be added the descendents of these refugees who did not acquire a nationality at birth. Then, from this total number should be deducted the number of those who have died since their expatriation, and those who were repatriated or naturalized. The balance would represent the number of those who would be entitled to international protection. But even this group might, as has been said, include a number of re-established refugees who would probably not require international protection. Subject to these remarks, an attempt will be made to give a few statistical data concerning the situation prior to the second world war and posterior to it.
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