Art. 21.

When either or both of the contracting parties are citizens of a foreign country, it shall be
necessary for them before a marriage license can be obtained, to submit a certificate of legal
capacity to contract marriage, issued by their respective diplomatic or consular officials.
Stateless persons or refugees from other countries shall, in lieu of the certificate of legal
capacity herein required, submit an affidavit stating the circumstances showing such capacity to
contract marriage

Objectives and key provisions of the 1954 Convention relating to the Status of Stateless
Persons

Objectives
The 1954 Convention relating to the Status of Stateless Persons is the primary international
instrument adopted to date, to regulate and improve the legal status of stateless persons. The
Convention sets the legal framework for the standard treatment of stateless persons. It was
adopted to cover, inter alia, those stateless persons who are not refugees and who are not,
therefore, covered by the 1951 Convention relating to the Status of Refugees or its Protocol.
The 1954 Convention contains provisions regarding stateless persons' rights and obligations
pertaining to their legal status in the country of residence. The Convention further addresses a
variety of matters which have an important effect on day-to-day life such as gainful employment,
public education, public relief, labour legislation and social security. In ensuring that such basic
rights and needs are met, the Convention provides the individual with stability and improves the
quality of life of the stateless person. This, in turn, can prove to be of advantage to the State in
which stateless persons live, since such persons can then contribute to society, enhancing
national solidarity and stability. Moreover, the potential for migration or displacement of large
population groups decreases, thus contributing to regional stability and peaceful co-existence.
Key provisions
In Article 1 of the Convention, the definition of a stateless person is set out: “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”.
Article 3 of the Convention on non-discrimination states that “The contracting States shall apply
the provisions of this Convention to stateless persons without discrimination as to race, religion
or country of origin”.
In Article 28 the issue of travel documents for stateless persons is addressed. An individual
recognised as a stateless person under the terms of the Convention should be issued an
identity and travel document by the Contracting State.
Article 31 states that stateless persons are not to be expelled save on grounds of national
security or public order. Expulsions are, in principle, subject to due process of law. The Final Act
of the Convention indicates that non-refoulement in relation to danger of persecution is a
generally accepted principle. The drafters, therefore, did not feel it necessary to enshrine this in
the articles of a Convention geared toward regulating the status of de jurestateless persons.
Article 32 of the Convention regulates the issue of naturalisation. The Contracting State shall as
far as possible facilitate the assimilation and naturalisation of stateless persons. They shall in
particular make every effort to expedite naturalisation proceedings and to reduce as far as
possible the charges and costs of such proceedings.
The Final Act of the Convention recommends that each Contracting State, when it recognises
as valid the reasons for which a person has renounced the protection of the State of which he is
a national, consider sympathetically the possibility of according to the person the treatment
which the convention accords to stateless persons. This recommendation was included on
behalf of de facto stateless persons who, technically, still held a nationality but did not receive
any of the benefits generally associated with nationality, such as national protection.

The Convention Relating to the Status of Refugees, also known as the 1951 Refugee
Convention, is a United Nations multilateral treaty that defines who is a refugee, and sets out
the rights of individuals who are granted asylum and the responsibilities of nations that grant
asylum. The Convention also sets out which people do not qualify as refugees, such as war
criminals. The Convention also provides for some visa-free travel for holders of travel
documents issued under the convention. Although the Refugee Convention was agreed
in Geneva, it is considered incorrect to refer to it as "the The Convention was approved at a
special United Nations conference on 28 July 1951. Denmark was the first state to ratify the
treaty on 4 December 1952, which entered into force on 22 April 1954. It was initially limited to
protecting European refugees from before 1 January 1951 (after World War II), though states
could make a declaration that the provisions would apply to refugees from other places.
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The 1967 Protocol removed the time limits and applied to refugees "without any geographic
limitation", but declarations previously made by parties to the Convention on geographic scope
were grandfathered.[3]
As at 1 July 2013, there were 145 parties to the Convention, and 146 to the Protocol.[1][4][5] Most
recently, the President of Nauru, Marcus Stephen, signed both the Convention and the Protocol
on 17 June 2011[6][7] and acceded on 28 June 2011. Madagascar and Saint Kitts and Nevis are
parties only to the Convention, while Cape Verde, the United States of
America and Venezuela are parties only to the Protocol. Since the US ratified the Protocol in
1968, it undertook a majority of the obligations spelled out in the original 1951 document
(Articles 2-34), and Article 1 as amended in the Protocol, as "supreme Law of the Land".[8]
The rights promulgated by the Convention generally still stand today. Some have argued that
the complex nature of 21st century refugee relationships calls for a new treaty that recognizes
the evolving nature of the nation-state, population displacement, environmental migrants, and
modern warfare.[9][10] Nevertheless, ideas like the principle of non-refoulement (Article 33) are
still applied today, with the 1951 Convention being the hallmark of such rights.
Geneva Convention" because that term is more widely understood as referring to any of four
treaties regulating armed conflict.
The Refugee Convention builds on Article 14 of the 1948 Universal Declaration of Human
Rights, which recognizes the right of persons to seek asylum from persecution in other
countries. A refugee may enjoy rights and benefits in a state in addition to those provided for in
the Convention.[2]

Definition of refugee[edit]
Article 1 of the Convention defines a refugee as this:[11][12]
As a result of events occurring before 1 January 1951 and owing to well-founded fear of being
persecuted for reasons of race, religion, nationality, membership of a particular social group or
political opinion, is outside the country of his nationality and is unable or, owing to such fear, is
unwilling to avail himself of the protection of that country; or who, not having a nationality and
being outside the country of his former habitual residence as a result of such events, is unable
or, owing to such fear, is unwilling to return to it.
The U.N. Protocol Relating to the Status of Refugees which entered into force on 4 October
1967, defined the term refugee to mean any person within the definition 1951 Convention as if
the words “As a result of events occurring before 1 January 1951 and ...” were omitted.[13]
Several groups have built upon the 1951 Convention to create a more objective definition. While
their terms differ from those of the 1951 Convention, the Convention has significantly shaped
the new, more objective definitions. They include the 1969 Convention Governing the Specific
Aspects of Refugee Problems in Africa by the Organisation of African Unity (since 2002 African
Union) and the 1984 Cartagena Declaration, while nonbinding, also sets out regional standards
for refugees in Central America, Mexico and Panama.
With the passage of time and the emergence of new refugee situations, the need was
increasingly felt to make the provisions of the 1951 Convention applicable to such new
refugees. As a result, a Protocol relating to the Status of Refugees was prepared, and entered
into force on 4 October 1967.[14] The UNHCR is called upon to provide international protection to
refugees falling within the competence of his Office.[15] Definitions of those persons to whom the
High Commissioner’s competence extends are very close to, though not identical with, the
definition contained in the 1951 Convention.[16]

Rights and responsibilities of parties to the Refugee Convention[edit]

In the general principle of international law, treaties in force are binding upon the parties to it
and must be performed in good faith. Countries that have ratified the Refugee Convention are
obliged to protect refugees that are on their territory, in accordance with its terms.[17] There are a
number of provisions that States parties to the Refugee Convention must adhere to.

Refugees shall[edit]

 abide by the national laws of the contracting states (Article 2)

2
The contracting states shall[edit]

 exempt refugees from reciprocity (Article 7): That means that the granting of a right to a
refugee should not be subject to the granting of similar treatment by the refugee's country of
nationality, because refugees do not enjoy the protection of their home state. [17]
 be able to take provisional measures against a refugee if needed in the interest of essential
national security (Article 9)
 respect a refugee's personal status and the rights that come with it, particularly rights
related to marriage (Article 12)
 provide free access to courts for refugees (Article 16)
 provide administrative assistance for refugees (Article 25)
 provide identity papers for refugees (Article 27)
 provide travel documents for refugees (Article 28)
 allow refugees to transfer their assets (Article 30)
 provide the possibility of assimilation and naturalization to refugees (Article 34)
 cooperate with the UNHCR (Article 35) in the exercise of its functions and to help UNHCR
supervise the implementation of the provisions in the Convention.[17]
 provide information on any national legislation they may adopt to ensure the application of
the Convention (Article 36).[17]
 settle disputes they may have with other contracting states at the International Court of
Justice if not otherwise possible (Article 38)
The contracting states shall not[edit]

 discriminate against refugees (Article 3)

 take exceptional measures against a refugee solely on account of his or her nationality
(Article 8)
 expect refugees to pay taxes and fiscal charges that are different to those of nationals
(Article 29)
 impose penalties on refugees who entered illegally in search of asylum if they present
themselves without delay (Article 31), which is commonly interpreted to mean that their
unlawful entry and presence ought not to be prosecuted at all[18]
 expel refugees (Article 32)
 forcibly return or "refoul" refugees to the country they've fled from (Article 33). It is widely
accepted that the prohibition of forcible return is part of customary international law. This
means that even States that are not party to the 1951 Refugee Convention must respect the
principle of non-refoulement.[17] Therefore, States are obligated under the Convention and
under customary international law to respect the principle of non-refoulement. If and when
this principle is threatened, UNHCR can respond by intervening with relevant authorities,
and if it deems necessary, will inform the public.[17]
Refugees shall be treated at least like nationals in relation to[edit]

 freedom to practice their religion (Article 4)

 the respect and protection of artistic rights and industrial property (Article 14)
 rationing (Article 20)
 elementary education (Article 22)
 public relief and assistance (Article 23)
 labour legislation and social security (Article 24)
Refugees shall be treated at least like other non-nationals in relation to[edit]

 movable and immovable property (Article 13)

 the right of association in unions or other associations (Article 15)
 wage-earning employment (Article 17)
 self-employment (Article 18)
 practice of the liberal professions (Article 19)
 housing (Article 21)
 education higher than elementary (Article 22)
 the right to free movement and free choice of residence within the country (Article 26)

3
Noncompliance[edit]
Although the Convention is "legally binding" there is no body that monitors compliance.
The United Nations High Commissioner for Refugees (UNHCR) has supervisory responsibilities,
but cannot enforce the Convention, and there is no formal mechanism for individuals to file
complaints. The Convention specifies that complaints should be referred to the International
Court of Justice.[19] It appears that no nation has ever done this.
An individual may lodge a complaint with the UN Human Rights Committee under
the International Covenant on Civil and Political Rights, or with the UN Committee on Economic,
Social and Cultural Rights under the International Covenant on Economic, Social and Cultural
Rights, but no one has ever done so in regard to violations of the Convention. Nations may
levy international sanctions against violators, but no nation has ever done this.
At present, the only real consequences of violation are 1) public shaming in the press, and 2)
verbal condemnation of the violator by the UN and by other nations. To date these have not
proven to be significant deterrents.[20]

See also[edit]

 Convention relating to the Status of Stateless Persons

 Impediment to expulsion
 Environmental migrant
 Office of the United Nations High Commissioner for Human Rights (UNHCHR)
 Refugee Law
 Refugee travel document
 Right of Asylum
 Statelessness
 Travel Document
 Universal Declaration of Human Rights (Article 14)
 United Nations High Commissioner for Refugees (UNHCR)
 United Nations Commission on Human Rights
 World Refugee Day