CONVENTION RELATING TO THE STATUS OF ... - Refworld

The expression “lawfully (in French “se trouvant régulièrement”) in their country” cannot be
only verbally different from “lawfully staying (in French “résidant régulièrement”) in the
country” (see for instance, Articles 15, 17). It must mean in substance something else, viz.,
the mere fact of lawfully being in the territory, even without any intention of permanence,
must suffice. In other words, wherever “lawful stay” is required, a stateless person just
temporarily in the country would not enjoy the right granted under the condition of “lawfully
staying”, on the other hand, where “lawfully being” is sufficient, stateless persons
temporarily in the country would enjoy the relevant rights. As explained by the Ad Hoc
Committee, it was decided that in most instances the provision in question should apply to
all refugees whose presence in the territory was lawful, if it applied also to other aliens in
the same circumstances. Wherever higher requirements were made (e.g., Articles 15, 17,
19, etc.) the Committee used the expression “lawfully staying”. 147
In both instances general restrictions on aliens and special requirements concerning
licences, etc. apply.
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 practicing 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.
1. Article 19 of the Refugee Convention consists of two paragraphs, but the Ad Hoc
Committee suggested to apply to stateless persons the first paragraph only.
Paragraph 2 148 is in the nature of an appeal to the Contracting States to provide
employment for refugee professionals in their dependent territories. It imposes upon them
the moral obligation to try to secure such employment but only within the limits of existing
legislation and the special rules governing the rights of the Contracting State in the
dependent territory. The question of applying this provision to stateless persons was raised
in the conference, but none of the representatives ever formally proposed to insert it in the
document relating to stateless persons.
The inclusion of paragraph 1 was decided by a vote of 21 to none, with 2 abstentions
without debate. 149
2. This article grants the same treatment as Article 17 except for one additional restriction:
the diplomas must be recognized (i.e., considered as meeting the requirements of the state for
the exercise of the specific profession) by the competent authorities of the state. 150
3. The term “liberal profession” is not quite precise. It usually embraces physicians, dentists,
veterinarians, pharmacists, lawyers, teachers, self-employed engineers, architects, artists. There
is no clear-cut distinction between certain liberal professions (for instance, pharmacists,
engineers) and either self-employment (owner of an engineering firm or a pharmacy) or wageearner
(non-self employed engineer, pharmacist, chemist), except when a special diploma is
required for the exercise of the work. But even here the rule is not absolute: nobody has ever
required a diploma of an artist. The local authorities will decide in each case whether a person
147 E/1850, para. 25.
148 "2. The Contracting States shall use their best endeavours consistently with their laws and constitutions to secure the
settlement of such refugees in the territories other than the metropolitan territory for whose international relations they are
responsible."
149 SR.7, pp. 10-11.
150 This is not a specific provision relating to refugees, but one which is usual in regard to all foreign diplomas.