CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ THE ISSUE OF COMPARISON OF STATELESS PERSON WITH STATELESS SHIP … nationality), and administration practise of an archival erasure, making people ineligible past a certain period of time to obtain the nationality, which stems into the case of the de jure statelessness. 7 Distinction of the status of the persons concerned is essential in order to apply the appropriate norms of international law. There can be found provisions of various international treaties which are generally applicable to all stateless persons regardless of their status. These treaties stipulate the right to nationality, i.e., in relation to the protection of the fundamental human rights, rights of women and children, etc. In the practise of states, who are responsible to fulfil the obligations stemming from the relevant international treaties in the area of the domestic legislation, the status of the persons is typically distinguished. 8 In the practise of the UN, the protection of the persons who are refugees, asylum seekers, and internally and externally displaced is ensured by the UN Refugee Agency, UNHCR. 9 In the era of League of Nations, it was not common to distinguish between persons who were stateless and those who were refugees. People falling in both of these categories were without the protection of the government of their home country as well as without the protection of any other government, due to the obstacles to acquire a new nationality. This issue became one of the areas in which the League of Nations promoted to pursue changes and accepting measures to reduce this problem. 10 The massive population displacement, post war refugee problems and political changes after World War II made the issue of statelessness part of the agenda of the United Nations. The right to a nationality as well as the duty of the United Nations and Member States to prevent statelessness because of its inconsistency with the human rights, and the interests of the international community in this matter was reflected in the 1948 Universal Declaration of Human Rights , recognising that ‘everyone has the right to nationality’. This General Assembly resolution became the source for the later adoption of international treaties in this area, 11 e.g., the 1966 International Convention on Civil and Political Rights, stipulating in Article 24(3) that ‘every child has right to acquire nationality’. 12 Distinction between the various categories of stateless persons, i.e., refugees, stateless, and displaced, was discussed in 1950 at the UN Ad Hoc Committee on Statelessness and Related Problems. As proposed by the representative of the United States, it was necessary to mainly address the humanitarian problems in relation to the refugees, and primarily the legal problems in regard to stateless persons. The various needs of people falling into these categories could have been one of the reasons for the distinction in the legal treatment of these issues, and thus the adoption of several conventions in this regard. There was adopted the 1951 Refugee Convention which defined in Article 1 a refugee as someone who 8 GOODWIN-GILL, G. S. Convention Relating to the Status of Stateless Persons. In: United Nations Audiovisual Library of International Law. 2010. [online] [accessed on 19 May 2024] Available at: https://tinyurl.com/5h3jbcwz. 9 UNHCR. Who we protect. [online] [accessed on 20 May 2024] Available at: https://tinyurl.com/2r8yacm4. 10 There was adopted the 1930 Convention on Certain Questions relating to the Conflict of Nationality Laws and the 1930 Protocol relating to a Certain Case of Statelessness, as well as Special Protocol in this regard. 11 A/RES/3/217 A, 10 December 1948. 12 International Convention on Civil and Political Rights, 19 December 1966, United Nations, Treaty Series, vol. 999, p. 172. 7 BUECHEL, c.w., p. 252.

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