CONVENTION RELATING TO THE STATUS OF ... - Refworld

falls under the rubric “liberal profession” or any other heading. In practice, it will make little
difference (except for the diploma) whether a person is labelled “professional” or “self-employed”
or a “wage-earner”, because the treatment is the same.
4. For the meaning of the term “lawfully staying” see Article 18 above.
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.
1. The inclusion of Article 20 of the Refugee Convention in this Convention was agreed
upon in the conference without debate and without opposition. The vote was 21 to none, with 2
abstentions. 151
2. It is rather unusual to treat aliens in the matter of rationing differently from nationals.
Thus, the Convention only sanctions the general usage but, at the same time, strives to prevent a
less favourable trend in any Contracting State.
The words “which applies to the population at large and regulates the general distribution
of products in short supply” were used by the Ad Hoc Committee to denote “rationing”. 152
Article 20 does not refer to all products in short supply but only to those which are allocated
to the general population. This would indicate that Article 20 treats of consumer goods
only.
Article 20 is not applicable to allocation of certain items in favour of restricted groups or to
products which are generally available in sufficient quantities but are allocated to certain
groups, for instance, indigent persons, large families, at or on more favourable prices or
conditions. In such instances, Article 7 (1) would apply.
Article 20 deals with “stateless persons” without any qualification. This can only mean all
persons coming under Article 1 whether legally or illegally in the country. 153 As a specific
provision of the Convention, it excludes the application of Article 7 (1), i.e., the possibility of
according “illegal” stateless persons the treatment granted to illegal aliens in general.
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.
1. The decision to include Article 21 of the Refugee Convention in the document relating to
stateless persons was made by a vote of 23 to none, with 2 abstentions. No debate took place.
154
This article has thus the same significance as Article 21 of the Refugee Convention.
151 SR.7, p. 12.
152 Comments to Article 15. The French representative in the Ad Hoc Committee was of the opinion that this article refers
to essential goods for individual use but not to products for industrial use (SR.15, para. 16).
153 This was the view taken in the Ad Hoc Committee concerning refugees (SR.41, p. 18).
154 SR.7, p. 12.