rights and they must fight for them.
Which also means that Malaysia had not complied with this provision
for so long but unfortunately Malaysia was not punished for its wrong
doing.
http://www2.ohchr.org/english/law/stateless.htm
The whole article is copied at the end of this article:
"
Chapter III
GAINFUL EMPLOYMENT
Article 17. - Wage-earning employment
1. The Contracting States shall accord to stateless persons lawfully
staying in their territory treatment as favourable as possible and, in
any event, not less favourable that that accorded to aliens generally
in the same circumstances, as regards the right to engage in wage-
earning employment.
2. The Contracting States shall give sympathetic consideration to
assimilating the rights of all stateless persons with regard to wage-
earning employment to those of nationals, and in particular of those
stateless persons who have entered their territory pursuant to
programmes of labour recruitment or under immigration schemes.
"
'Sulu Sultanate' IC surprises Sabah cops
Thu, 28 Oct 2010 11:46
E-mail Print
By Ivan Ho
LAHAD DATU: Migrant workers and stateless people from the Philippines
have started carrying identity cards issued by the "Council of Regents
of the Sultanate of Sulu Darul Islam".
Police were surprised when a Filipino pulled out the card to identify
himself during an operation to weed out illegal immigrants in the
district.
The laminated green identification card about the size of a Malaysian
driving licence was seized from the man during a surprise raid at the
Sri Permata construction site in Dam Road on Monday.
District Officer Zulkifli Haji Nasir said the government did not
recognise such documents and it cannot be used as a legal travel
document by Filipinos in Sabah.
He advised business operators here to be wary of hiring foreigners
with such ID cards.
Meanwhile, district police chief Supt Shumsudin Mat advised the public
not to be alarmed by the finding as it did not post a security threat.
"Our investigation revealed there is no threat to our security. The
bearers simply use it to enter here to find a livelihood, that's all,"
he said.
He explained that police operations against illegal immigrants in the
district was to enhance security.
"It's normal for police to carry out such operations. It has nothing
to do with us finding such a card. In fact the card was found while
police were conducting the operation … no connection at all," he
added.
The back of the seized card read: "To whom it may concern, the holder
of this card is a citizen of the Sultanate of Sulu Darul Islam. Thus
he or she is recognised as 'stateless person' based on Article 1,
Section 1 of the 'Convention relating to status of stateless persons'
regulated by the United Nation High Commissioner for Human Rights.
Entry into force 6th June, 1960".
It is also bears the United Nations logo as well as the impression of
a flag and other logos.
Convention relating to the Status of Stateless Persons
� Text in PDF Format
Adopted on 28 September 1954 by a Conference of Plenipotentiaries
convened by Economic and
Social Council resolution 526 A (XVII) of 26 April 1954
Entry into force: 6 June 1960, in accordance with article 39
Preamble
The High Contracting Parties,
Considering that the Charter of the United Nations and the Universal
Declaration of Human Rights approved on 10 December 1948 by the
General Assembly of the United Nations have affirmed the principle
that human beings shall enjoy fundamental rights and freedoms without
discrimination,
Considering that the United Nations has, on various occasions,
manifested its profound concern for stateless persons and endeavoured
to assure stateless persons the widest possible exercise of these
fundamental rights and freedoms,
Considering that only those stateless persons who are also refugees
are covered by the Convention relating to the Status of Refugees of 28
July 1951, and that there are many stateless persons who are not
covered by that Convention,
Considering that it is desirable to regulate and improve the status of
stateless persons by an international agreement,
Have agreed as follows:
Chapter I
GENERAL PROVISIONS
Article 1. - Definition of the term "stateless person"
1. 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.
2. This Convention shall not apply:
(i) 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;
(ii) 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;
(iii) 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.
Article 2. - General obligations
Every stateless person has duties to the country in which he finds
himself, which require in particular that he conform to its laws and
regulations as well as to measures taken for the maintenance of public
order.
Article 3. - Non-discrimination
The Contracting States shall apply the provisions of this Convention
to stateless persons without discrimination as to race, religion or
country of origin.
Article 4. - Religion
The Contracting States shall accord to stateless persons within their
territories treatment at least as favourable as that accorded to their
nationals with respect to freedom to practise their religion and
freedom as regards the religious education of their children.
Article 5. - Rights granted apart from this Convention
Nothing in this Convention shall be deemed to impair any rights and
benefits granted by a Contracting State to stateless persons apart
from this Convention.
Article 6. - The term "in the same circumstances"
For the purpose of this Convention, the term "in the same
circumstances" implies that any requirements (including requirements
as to length and conditions of sojourn or residence) which the
particular individual would have to fulfil for the enjoyment of the
right in question, if he were not a stateless person, must be
fulfilled by him, with the exception of requirements which by their
nature a stateless person is incapable of fulfilling.
Article 7. - Exemption from reciprocity
1. Except where this Convention contains more favourable provisions, a
Contracting State shall accord to stateless persons the same treatment
as is accorded to aliens generally.
2. After a period of three years' residence, all stateless persons
shall enjoy exemption from legislative reciprocity in the territory of
the Contracting States.
3. Each Contracting State shall continue to accord to stateless
persons the rights and benefits to which they were already entitled,
in the absence of reciprocity, at the date of entry into force of this
Convention for that State.
4. The Contracting States shall consider favourably the possibility of
according to stateless persons, in the absence of reciprocity, rights
and benefits beyond those to which they are entitled according to
paragraphs 2 and 3, and to extending exemption from reciprocity to
stateless persons who do not fulfil the conditions provided for in
paragraphs 2 and 3.
5. The provisions of paragraphs 2 and 3 apply both to the rights and
benefits referred to in articles 13, 18, 19, 21 and 22 of this
Convention and to rights and benefits for which this Convention does
not provide.
Article 8. - Exemption from exceptional measures
With regard to exceptional measures which may be taken against the
person, property or interests of nationals or former nationals of a
foreign State, the Contracting States shall not apply such measures to
a stateless person solely on account of his having previously
possessed the nationality of the foreign State in question.
Contracting States which, under their legislation, are prevented from
applying the general principle expressed in this article shall, in
appropriate cases, grant exemptions in favour of such stateless
persons.
Article 9. - Provisional measures
Nothing in this Convention shall prevent a Contracting State, in time
of war or other grave and exceptional circumstances, from taking
provisionally measures which it considers to be essential to the
national security in the case of a particular person, pending a
determination by the Contracting State that that person is in fact a
stateless person and that the continuance of such measures is
necessary in his case in the interests of national security.
Article 10. - Continuity of residence
1. Where a stateless person has been forcibly displaced during the
Second World War and removed to the territory of a Contracting State,
and is resident there, the period of such enforced sojourn shall be
considered to have been lawful residence within that territory.
2. Where a stateless person has been forcibly displaced during the
Second World War from the territory of a Contracting State and has,
prior to the date of entry into force of this Convention, returned
there for the purpose of taking up residence, the period of residence
before and after such enforced displacement shall be regarded as one
uninterrupted period for any purposes for which uninterrupted
residence is required.
Article 11. - Stateless seamen
In the case of stateless persons regularly serving as crew members on
board a ship flying the flag of a Contracting State, that State shall
give sympathetic consideration to their establishment on its territory
and the issue of travel documents to them or their temporary admission
to its territory particularly with a view to facilitating their
establishment in another country.
Chapter II
JURIDICAL STATUS
Article 12. - Personal status
1. The personal status of a stateless person shall be governed by the
law of the country of his domicile or, if he has no domicile, by the
law of the country of his residence.
2. Rights previously acquired by a stateless person and dependent on
personal status, more particularly rights attaching to marriage, shall
be respected by a Contracting State, subject to compliance, if this be
necessary, with the formalities required by the law of that State,
provided that the right in question is one which would have been
recognized by the law of that State had he not become stateless.
Article 13. - Movable and immovable property
The Contracting States shall accord to a stateless person treatment as
favourable as possible and, in any event, not less favourable than
that accorded to aliens generally in the same circumstances, as
regards the acquisition of movable and immovable property and other
rights pertaining thereto, and to leases and other contracts relating
to movable and immovable property.
Article 14. - Artistic rights and industrial property
In respect of the protection of industrial property, such as
inventions, designs or models, trade marks, trade names, and of rights
in literary, artistic and scientific works, a stateless person shall
be accorded in the country in which he has his habitual residence the
same protection as is accorded to nationals of that country. In the
territory of any other Contracting State, he shall be accorded the
same protection as is accorded in that territory to nationals of the
country in which he has his habitual residence.
Article 15. - Right of association
As regards non-political and non-profit-making associations and trade
unions the Contracting States shall accord to stateless persons
lawfully staying in their territory treatment as favourable as
possible, and in any event, not less favourable than that accorded to
aliens generally in the same circumstances.
Article 16. - Access to courts
1. A stateless person shall have free access to the courts of law on
the territory of all Contracting States.
2. A stateless person shall enjoy in the Contracting State in which he
has his habitual residence the same treatment as a national in matters
pertaining to access to the courts, including legal assistance and
exemption from cautio judicatum solvi .
3. A stateless person shall be accorded in the matters referred to in
paragraph 2 in countries other than that in which he has his habitual
residence the treatment granted to a national of the country of his
habitual residence.
Chapter III
GAINFUL EMPLOYMENT
Article 17. - Wage-earning employment
1. The Contracting States shall accord to stateless persons lawfully
staying in their territory treatment as favourable as possible and, in
any event, not less favourable that that accorded to aliens generally
in the same circumstances, as regards the right to engage in wage-
earning employment.
2. The Contracting States shall give sympathetic consideration to
assimilating the rights of all stateless persons with regard to wage-
earning employment to those of nationals, and in particular of those
stateless persons who have entered their territory pursuant to
programmes of labour recruitment or under immigration schemes.
Article 18. - Self-employment
The Contracting States shall accord to a stateless person lawfully in
their territory treatment as favourable as possible and, in any event,
not less favourable than that accorded to aliens generally in the same
circumstances, as regards the right to engage on his own account in
agriculture, industry, handicrafts and commerce and to establish
commercial and industrial companies.
Article 19. - Liberal professions
Each Contracting State shall accord to stateless persons lawfully
staying in their territory who hold diplomas recognized by the
competent authorities of that State, and who are desirous of
practising a liberal profession, treatment as favourable as possible
and, in any event, not less favourable than that accorded to aliens
generally in the same circumstances.
Chapter IV
WELFARE
Article 20. - Rationing
Where a rationing system exists, which applies to the population at
large and regulates the general distribution of products in short
supply, stateless persons shall be accorded the same treatment as
nationals.
Article 21. - Housing
As regards housing, the Contracting States, in so far as the matter is
regulated by laws or regulations or is subject to the control of
public authorities, shall accord to stateless persons lawfully staying
in their territory treatment as favourable as possible and, in any
event, not less favourable than that accorded to aliens generally in
the same circumstances.
Article 22. - Public education
1. The Contracting States shall accord to stateless persons the same
treatment as is accorded to nationals with respect to elementary
education.
2. The Contracting States shall accord to stateless persons treatment
as favourable as possible and, in any event, not less favourable than
that accorded to aliens generally in the same circumstances, with
respect to education other than elementary education and, in
particular, as regards access to studies, the recognition of foreign
school certificates, diplomas and degrees, the remission of fees and
charges and the award of scholarships.
Article 23. - Public relief
The Contracting States shall accord to stateless persons lawfully
staying in their territory the same treatment with respect to public
relief and assistance as is accorded to their nationals.
Article 24. - Labour legislation and social security
1. The Contracting States shall accord to stateless persons lawfully
staying in their territory the same treatment as is accorded to
nationals in respect of the following matters:
( a ) In so far as such matters are governed by laws or regulations or
are subject to the control of administrative authorities;
remuneration, including family allowances where these form part of
remuneration, hours of work, overtime arrangements, holidays with pay,
restrictions on work, minimum age of employment, apprenticeship and
training, women's work and the work of young persons, and the
enjoyment of the benefits of collective bargaining;
( b ) Social security (legal provisions in respect of employment
injury, occupational diseases, maternity, sickness, disability, old
age, death, unemployment, family responsibilities and any other
contingency which, according to national laws or regulations, is
covered by a social security scheme), subject to the following
limitations:
(i) There may be appropriate arrangements for the maintenance of
acquired rights and rights in course of acquisition;
(ii) National laws or regulations of the country of residence may
prescribe special arrangements concerning benefits or portions of
benefits which are payable wholly out of public funds, and concerning
allowances paid to persons who do not fulfil the contribution
conditions prescribed for the award of a normal pension.
2. The right to compensation for the death of a stateless person
resulting from employment injury or from occupational disease shall
not be affected by the fact that the residence of the beneficiary is
outside the territory of the Contracting State.
3. The Contracting States shall extend to stateless persons the
benefits of agreements concluded between them, or which may be
concluded between them in the future, concerning the maintenance of
acquired rights and rights in the process of acquisition in regard to
social security, subject only to the conditions which apply to
nationals of the States signatory to the agreements in question.
4. The Contracting States will give sympathetic consideration to
extending to stateless persons so far as possible the benefits of
similar agreements which may at any time be in force between such
Contracting States and non-contracting States.
Chapter V
ADMINISTRATIVE MEASURES
Article 25. - Administrative assistance
1. When the exercise of a right by a stateless person would normally
require the assistance of authorities of a foreign country to whom he
cannot have recourse, the Contracting State in whose territory he is
residing shall arrange that such assistance be afforded to him by
their own authorities.
2. The authority or authorities mentioned in paragraph 1 shall deliver
or cause to be delivered under their supervision to stateless persons
such documents or certifications as would normally be delivered to
aliens by or through their national authorities.
3. Documents or certifications so delivered shall stand in the stead
of the official instruments delivered to aliens by or through their
national authorities and shall be given credence in the absence of
proof to the contrary.
4. Subject to such exceptional treatment as may be granted to indigent
persons, fees may be charged for the services mentioned herein, but
such fees shall be moderate and commensurate with those charged to
nationals for similar services.
5. The provisions of this article shall be without prejudice to
articles 27 and 28.
Article 26. - Freedom of movement
Each Contracting State shall accord to stateless persons lawfully in
its territory the right to choose their place of residence and to move
freely within its territory, subject to any regulations applicable to
aliens generally in the same circumstances.
Article 27. - Identity papers
The Contracting States shall issue identity papers to any stateless
person in their territory who does not possess a valid travel
document.
Article 28. - Travel documents
The Contracting States shall issue to stateless persons lawfully
staying in their territory travel documents for the purpose of travel
outside their territory, unless compelling reasons of national
security or public order otherwise require, and the provisions of the
schedule to this Convention shall apply with respect to such
documents. The Contracting States may issue such a travel document to
any other stateless person in their territory; they shall in
particular give sympathetic consideration to the issue of such a
travel document to stateless persons in their territory who are unable
to obtain a travel document from the country of their lawful
residence.
Article 29. - Fiscal charges
1. The Contracting States shall not impose upon stateless persons
duties, charges or taxes, of any description whatsoever, other or
higher than those which are or may be levied on their nationals in
similar situations.
2. Nothing in the above paragraph shall prevent the application to
stateless persons of the laws and regulations concerning charges in
respect of the issue to aliens of administrative documents including
identity papers.
Article 30. - Transfer of assets
1. A Contracting State shall, in conformity with its laws and
regulations, permit stateless persons to transfer assets which they
have brought into its territory, to another country where they have
been admitted for the purposes of resettlement.
2. A Contracting State shall give sympathetic consideration to the
application of stateless persons for permission to transfer assets
wherever they may be and which are necessary for their resettlement in
another country to which they have been admitted.
Article 31. - Expulsion
1. The Contracting States shall not expel a stateless person lawfully
in their territory save on grounds of national security or public
order.
2. The expulsion of such a stateless person 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 submit evidence to clear himself,
and to appeal to and be represented for the purpose before competent
authority or a person or persons specially designated by the competent
authority.
3. The Contracting States shall allow such a stateless person a
reasonable period within which to seek legal admission into another
country. The Contracting States reserve the right to apply during that
period such internal measures as they may deem necessary.
Article 32. - Naturalization
The Contracting States shall as far as possible facilitate the
assimilation and naturalization of stateless persons. They shall in
particular make every effort to expedite naturalization proceedings
and to reduce as far as possible the charges and costs of such
proceedings.
Chapter VI
FINAL CLAUSES
Article 33. - Information on national legislation
The Contracting States shall communicate to the Secretary-General of
the United Nations the laws and regulations which they may adopt to
ensure the application of this Convention.
Article 34. - Settlement of disputes
Any dispute between Parties to this Convention relating to its
interpretation or application, which cannot be settled by other means,
shall be referred to the International Court of Justice at the request
of any one of the parties to the dispute.
Article 35. - Signature, ratification and accession
1. This Convention shall be open for signature at the Headquarters of
the United Nations until 31 December 1955.
2. It shall be open for signature on behalf of:
( a ) Any State Member of the United Nations;
( b ) Any other State invited to attend the United Nations Conference
on the Status of Stateless Persons; and
( c ) Any State to which an invitation to sign or to accede may be
addressed by the General Assembly of the United Nations.
3. It shall be ratified and the instruments of ratification shall be
deposited with the Secretary-General of the United Nations.
4. It shall be open for accession by the States referred to in
paragraph 2 of this article. Accession shall be effected by the
deposit of an instrument of accession with the Secretary-General of
the United Nations.
Article 36. - Territorial application clause
1. Any State may, at the time of signature, ratification or accession,
declare that this Convention shall extend to all or any of the
territories for the international relations of which it is
responsible. Such a declaration shall take effect when the Convention
enters into force for the State concerned.
2. At any time thereafter any such extension shall be made by
notification addressed to the Secretary-General of the United Nations
and shall take effect as from the ninetieth day after the day of
receipt by the Secretary-General of the United Nations of this
notification, or as from the date of entry into force of the
Convention for the State concerned, whichever is the later.
3. With respect to those territories to which this Convention is not
extended at the time of signature, ratification or accession, each
State concerned shall consider the possibility of taking the necessary
steps in order to extend the application of this Convention to such
territories, subject, where necessary for constitutional reasons, to
the consent of the Governments of such territories.
Article 37. - Federal clause
In the case of a Federal or non-unitary State, the following
provisions shall apply
( a ) With respect to those articles of this Convention that come
within the legislative jurisdiction of the federal legislative
authority, the obligations of the Federal Government shall to this
extent be the same as those of Parties which are not Federal States;
( b ) With respect to those articles of this Convention that come
within the legislative jurisdiction of constituent States, provinces
or cantons which are not, under the constitutional system of the
Federation, bound to take legislative action, the Federal Government
shall bring such articles with a favourable recommendation to the
notice of the appropriate authorities of States, provinces or cantons
at the earliest possible moment;
( c ) A Federal State Party to this Convention shall, at the request
of any other Contracting State transmitted through the Secretary-
General of the United Nations, supply a statement of the law and
practice of the Federation and its constituent units in regard to any
particular provision of the Convention showing the extent to which
effect has been given to that provision by legislative or other
action.
Article 38. - Reservations
1. At the time of signature, ratification or accession, any State may
make reservations to articles of the Convention other than to articles
1, 3, 4, 16 (1) and 33 to 42 inclusive.
2. Any State making a reservation in accordance with paragraph 1 of
this article may at any time withdraw the reservation by a
communication to that effect addressed to the Secretary-General of the
United Nations.
Article 39. - Entry into force
1. This Convention shall come into force on the ninetieth day
following the day of deposit of the sixth instrument of ratification
or accession.
2. For each State ratifying or acceding to the Convention after the
deposit of the sixth instrument of ratification or accession, the
Convention shall enter into force on the ninetieth day following the
date of deposit by such State of its instrument of ratification or
accession.
Article 40. - Denunciation
1. Any Contracting State may denounce this Convention at any time by a
notification addressed to the Secretary-General of the United Nations.
2. Such denunciation shall take effect for the Contracting State
concerned one year from the date upon which it is received by the
Secretary-General of the United Nations.
3. Any State which has made a declaration or notification under
article 36 may, at any time thereafter, by a notification to the
Secretary-General of the United Nations, declare that the Convention
shall cease to extend to such territory one year after the date of
receipt of the notification by the Secretary-General.
Article 41. - Revision
1. Any Contracting State may request revision of this Convention at
any time by a notification addressed to the Secretary-General of the
United Nations.
2. The General Assembly of the United Nations shall recommend the
steps, if any, to be taken in respect of such request.
Article 42. - Notifications by the Secretary-General of the United
Nations
The Secretary-General of the United Nations shall inform all Members
of the United Nations and non-member States referred to in article 35:
( a ) Of signatures, ratifications and accessions in accordance with
article 35;
( b ) Of declarations and notifications in accordance with article 36;
( c ) Of reservations and withdrawals in accordance with article 38;
( d ) Of the date on which this Convention will come into force in
accordance with article 39;
( e ) Of denunciations and notifications in accordance with article
40;
( f ) Of request for revision in accordance with article 41.
In faith whereof the undersigned, duly authorized, have signed this
Convention on behalf of their respective Governments.
Done at New York, this twenty-eighth day of September, one thousand
nine hundred and fifty-four, in a single copy, of which the English,
French and Spanish texts are equally authentic and which shall remain
deposited in the archives of the United Nations, and certified true
copies of which shall be delivered to all Members of the United
Nations and to the non-member States referred to in article 35.
