Convention Relating to the Status of Stateless Persons
In order to strengthen the capability of stateless persons to enjoy basic human rights and freedoms without discrimination and to regulate and improve their status, United Nations adopted the Convention Relating to the Status of Stateless Persons in 1954, which was the first international legal document created to adjust and improve the legal status of stateless persons. Georgia joined the Convention Relating to the Status of Stateless Persons according to the December 9, 2011 resolution of the Parliament of Georgia. The Convention is effective for Georgia from March 22, 2012, without any reservations. As a member State of the Convention, Georgia has a number of obligations towards stateless persons, since the effective fulfillment of these obligations is of the utmost importance for regulating the legal status of stateless persons.
Firstly, in fulfilling the obligations imposed by the Convention, discriminatory treatment on the part of the State is not allowed, which implies the application of the Convention to stateless persons regardless of race, religion, or country of origin. The State is obliged to grant stateless persons in its territory the same favorable regime as its citizens regarding their and their children’s freedom of religious belief or religious education. Stateless persons should enjoy the same degree of protection as citizens related to entrepreneurial rights, State assistance, social security, and remuneration (including family allowance). The same reservation applies concerning primary education, and to all other types of education except primary education, stateless persons shall be in a no less favorable position about the rights granted to aliens. Similarly, the State should impose only those fees, charges, or taxes on a stateless person that it might impose on its citizens in the same situation.
Concerning issues such as rights related to the acquisition of movable and immovable property, paid work, self-employment, as well as provision of housing, stateless persons should be in a no less favorable position than the rights granted to aliens. The same reservation applies to the establishment of non-political and non-commercial associations and professional associations by stateless persons, as well as to stateless persons who have a diploma recognized by a competent body of the State and wish to follow a liberal profession.
For stateless persons, the Convention establishes guarantees regarding procedural rights as well. In particular, a stateless person should have the right to free access to the court. A stateless person in the territory of the State where s/he has a permanent residence, in matters pertaining to access to the court, enjoys the same treatment as nationals of that country. These rights also include conditions for legal aid and exemption from payment of legal costs.
The Convention also clearly stipulates that a State must issue an identity document to stateless persons on its territory who do not have a valid travel document. The State must also grant a stateless person legally present in its territory the right to choose a place of residence and to move freely within its territory, under the same conditions as for aliens. Additionally, the State must issue travel documents to stateless persons legally present in its territory for travel outside the territory.
The State shall not expel a stateless person lawfully in their territory save on the grounds of national security or public order. Such evictions shall be only in pursuance of a decision reached in accordance with due process of law, except where compelling reasons of national security otherwise require. The stateless person shall be allowed to exercise the right to defend her/himself, including submitting evidence to clear her/himself and to appeal to and be represented.
The above Convention contains a reservation that it shall not apply (1) to persons who are at present receiving from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees protection or assistance so long as they are receiving such protection or assistance; (2) to persons who are recognized by the competent authorities of the country in which they have taken residence as having the rights and obligations which are attached to the possession of the nationality of that country; (3) to persons with respect to whom there are serious reasons for considering that: (a) They have committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provisions in respect of such crimes; (b) They have committed a serious non-political crime outside the country of their residence prior to their admission to that country; (c) They have been guilty of acts contrary to the purposes and principles of the United Nations.
Convention on the Reduction of Statelessness
Taking into account the excess number of stateless persons around the world, the Convention on the Reduction of Statelessness was adopted by the United Nations in 1961 with the purpose of reducing the number of stateless persons in the countries.
According to the resolution of the Parliament of Georgia on April 2, 2014, Georgia joined the Convention on the Reduction of Statelessness. The Convention has been in force for Georgia since September 29, 2014, and therefore, in order to reduce the number of stateless persons, provides a number of international obligations regarding the granting, loss, or deprivation of citizenship. When ratifying the convention, Georgia reserved the right to deprive a person of citizenship, which is manifested by the loss of citizenship, as provided for by the Organic Law of Georgia on Georgian Citizenship. Furthermore, by the resolution of the Parliament, it was determined that the entry into force of the Convention for Georgia should not be understood as the recognition of the citizenship granted by the Russian Federation to the population living in Abkhazia and Tskhinvali regions of Georgia in violation of international law and Georgian legislation.
Concerning granting citizenship to a person, the Convention on the Reduction of Statelessness imposes the following important obligations on the State: The State shall grant its nationality to a person born in its territory who would otherwise be stateless. Such nationality shall be granted (a) at birth, or (b) upon an application being lodged with the appropriate authority. A state must also grant citizenship to a person who would otherwise be stateless and, for reasons listed in the Convention, is unable to acquire the citizenship of the State in whose territory s/he was born. A State will also grant citizenship to a person who was not born within the state’s territory and would otherwise be stateless if one of her/his parents was a citizen of that State at the time of her/his birth. If the parents were not citizens of the same State at the time of her/his birth, then the issue of whether the person should choose the citizenship of the mother or the father will be decided by the national legislation of the State. In addition, a child born out of wedlock within the territory of a State whose mother is a citizen of that State must be granted citizenship at birth, if s/he would otherwise be stateless. Furthermore, a child found on the territory of a State, in the absence of evidence to the contrary, is considered to have been born on that territory, and whose parents have citizenship of that country.
Regarding the loss of citizenship, the Convention states that if the law of a State entails the loss of nationality as a consequence of any change in the personal status of a person, such as marriage, termination of marriage, legitimation, recognition, or adoption, such loss shall be conditional upon possession or acquisition of another nationality. If under the law of a State, a child born out of wedlock loses the nationality of that State in consequence of the recognition of affiliation, s/he shall be allowed to recover that nationality by written application to the appropriate authority. And a national of a State who seeks naturalization in a foreign country shall not lose her/his nationality unless s/he acquires or has been accorded assurance of acquiring the nationality of that foreign country. A naturalized person may lose her/his nationality on account of residence abroad for a period, not less than seven consecutive years, specified by the law of the State concerned if s/he fails to declare to the appropriate authority her/his intention to retain his nationality. Except in the listed circumstances, a person shall not lose the nationality, if such loss would render her/him stateless.
Regarding the issue of deprivation of citizenship, the Convention confirms that the State shall not deprive a person of its nationality if such deprivation would render her/him stateless. In addition to the aforementioned, the Convention lists several grounds, in presence of which a person can be deprived of citizenship. If the State deprives a person of citizenship in accordance with the law, the citizenship seeker shall have the right to a fair hearing by a court or other independent body. Furthermore, an important reservation of the Convention is that the State may not deprive any person of her/his nationality on racial, ethnic, religious, or political grounds.
For further information see:
Convention Relating to the Status of Stateless Persons
Link:
unhcr.org/ibelong/wp-content/uploads/1954-Convention-relating-to-the-Status-of-Stateless-Persons_ENG.pdf
Convention on the Reduction of Statelessness
Link:
unhcr.org/ibelong/wp-content/uploads/1961-Convention-on-the-reduction-of-Statelessness_ENG.pdf
