PREFACE
As will be seen from the discussion regarding the preparation of the Convention dealt with in this
volume, it was largely modelled on the Convention Relating to the Status of Refugees (called the
Refugee Convention for short): in many instances the relevant articles of the Refugee Convention
were taken over bodily by substituting the words “stateless person” for “refugee”. In other
instances, however, the text was modified with the result that the treatment accorded stateless
persons differs from that of “refugees”. Obviously, Article 1 has no connection with the Refugee
Convention at all.
Despite the close relationship between the two Conventions, both of them are formally and
materially independent international treaties: they apply to different groups of persons and grant
divergent benefits to them. On the other hand, the circumstance that many provisions were either
taken over from the Refugee Convention or are modified versions thereof makes the
understanding of the Convention dependent on an analysis of the relevant articles of the Refugee
Convention and of the reasons for the changes. It is for these reasons that the Commentary to
this Convention makes frequent references to the discussion on the preparation of the Refugee
Convention and deals in greater detail with the genesis of the articles of the present Convention.
The Commentary to the Convention contains frequent references to stateless persons, de jure
and de facto. These terms were introduced in a study on statelessness which was prepared by
the United Nations Secretariat and were used in both conferences. At bottom, however,
nationality is a legal concept; therefore de facto statelessness is a somewhat illogical term.
Nehemiah Robinson
May, 1955
PART ONE
THE PREPARATION OF THE CONVENTION
As will be seen below, the Convention is for the most part the application to stateless persons of
the provisions of the Convention Relating to the Status of Refugees. In order to understand the
genesis of this Convention we have thus to refer to the history of the United Nations efforts in the
field of legal protection for stateless persons and refugees.
The Human Rights Commission, in its second session (December 2-17, 1947), took cognizance
of the lack of international agreements relating to the protection of post - Second World War
refugees and the necessity for adapting existing conventions to the new conditions created after
that war and to the developments of international law under the auspices of the United Nations.
As a result, the Human Rights Commission requested the Economic and Social Council to initiate
action to the above effect.
On March 2, 1948, the Council adopted Resolution 116 (VI) (D), requesting the SecretaryGeneral of the United Nations, i.a., to undertake a study of the existing situation in regard to the
Explanation:
