OFFICE OF THE UNITED NATIONS

HIGH COMMISSIONER FOR REFUGEES

GENEVA

Information and Accession Package:

The 1954 Convention Relating to the Status of Stateless Persons
and the 1961 Convention on the Reduction of Statelessness
First published in June 1996; revised in January 1999

Introduction

A. The Issue of Statelessness

1. “Everyone has the right to a nationality. No one shall be arbitrarily deprived of his
nationality, nor denied the right to change his nationality.” Such is the pronouncement
of Article 15 of the 1948 Universal Declaration of Human Rights. The right to
a nationality and the need to ensure realization of an effective nationality, of
a nationality acting as a basis for the exercise of other rights, have been developed
through the course of this century. This may be noted in the 1930 Hague Convention
on Certain Questions Relating to the Conflict of Nationality Laws promulgated under
the auspices of the League of Nations following World War I, and the 1961
Convention on the Reduction of Statelessness promulgated under the auspices of the
United Nations following World War II. The principles in these conventions have
been elaborated upon and reinforced by other landmark conventions, court
jurisprudence and State practice. The right to a nationality is a basic human right
acting as a premise for resolution of any issues or questions pertaining to nationality.

2. Given that everyone has the right to a nationality, how is this right to be realized,
how is nationality to be ascribed? International law stipulates that it is for each State
to determine, by operation of internal law, who are its citizens. This determination
should, however, accord with general principles of international law and, in particular,
with principles relating to the acquisition, loss, or denial of citizenship. The
codification of principles relating to nationality in international instruments such as
the Universal Declaration has been a major development in international law.

3. Despite significant developments in international law and practice relating to

nationality, however, the international community currently faces numerous situations
of statelessness and the inability to establish a nationality. The problem has arisen in
connection with State succession and the adoption of nationality legislation by new or
restored States, but is also seen in areas of the world which have had no recent change

1
in legislation and have undergone no transfer of territory. Those affected include life-
long residents of a State, ethnic minorities, and in some cases women and children
who are rendered stateless because their husband or father is stateless.

4. The emergence of conflicts involving ethnic groups, numerous sudden cases of

State succession, and increased displacement have brought the nationality issue to the
foreground. The international community is, as a consequence, turning to international
instruments which reflect developments made in international law and were structured
to resolve problems such as those which have arisen. The 1954 Convention relating to
the Status of Stateless Persons and the 1961 Convention on the Reduction of
Statelessness, developed under the auspices of the United Nations, serve as the
reference points for international consensus on principles relating to the problem of
statelessness.

5. Nationality, and the ability to exercise the rights inherent in nationality, act as
stabilizing factors and aid in the prevention of involuntary movements between States.
Hence, the 1954 Convention relating to the Status of Stateless Persons and the 1961
Convention on the Reduction of Statelessness have taken on new relevance and
political significance. “Orphan” conventions which, until recently, have not been
actively promoted due to the lack of a supervisory body or other mechanism which
might disseminate them, the 1954 and 1961 Conventions are now tools by which the
international community can seek to address emerging and weighty problems relating
to nationality.

6. UNHCR has been approached by both individuals and Governments seeking advice
and assistance in nationality matters, including in the drafting and implementation of
nationality legislation. An essential step in strengthening efforts to reduce
statelessness and the inability to establish nationality, is securing accession to
international instruments which ensure, as a minimum: that persons will not arbitrarily
be deprived of nationality; that they will be granted a nationality under certain
circumstances in which they might otherwise be stateless; and that adequate
protection will be available to those who, nonetheless, remain or become stateless.

7. Accession to the 1954 Convention relating to the Status of Stateless Persons is

important because it provides stateless individuals with many of the rights necessary
to live a stable life. Accession to the 1961 Convention on the Reduction of
Statelessness would, moreover, serve to resolve many of the situations which result in
statelessness. The 1961 Convention, embodying principles already generally accepted
under international law, is a useful reference point for nationality legislation and can
help resolve certain conflict of laws problems, thereby indicating the international
community’s resolve to reduce statelessness. An increase in accession to and
ratification of these international instruments would act, therefore, as an impetus for
all States to work toward the reduction, and eventual elimination, of statelessness.

8. Due to recent developments, statelessness, although not a new phenomenon, has

taken on new dimensions. Its potential as a source of regional tension and of
involuntary displacement has come to be more widely recognised. The General
Assembly of the United Nations and the Executive Committee of the High
Commissioner’s Programme have respectively adopted resolutions and conclusions
stressing the importance of the principles embodied in these instruments, and the need

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for States to adopt measures to avoid statelessness. The ability to exercise an effective
nationality and the prevention and reduction of statelessness are a contribution to the
promotion of human rights and fundamental freedoms, to the security of peoples, and
to stability in international relations. UNHCR is pleased to provide this Accession
Package in furtherance of these goals.

Issues Pertaining to Nationality and Statelessness

B. Underlying Causes

9. There are a variety of circumstances in which statelessness has been created. While
the focus, of late, has been on nationality issues as they relate to State succession,
statelessness as a phenomenon appears regularly in a variety of locations and settings.

10. Statelessness may occur as a result of several factors, notably including the
following:

(1) Conflict of laws (for example, State A, in which the individual is born,
grants nationality by descent (jus sanguinis) and State Bin which the parents
hold nationality grants nationality by birth (jus soli) resulting in statelessness for
the individual).

(2) Transfer of territory (including issues such as State independence,

dissolution, succession, or restoration).

(3) Laws relating to marriage.

(4) Administrative practices.

(5) Discrimination.

(6) Laws relating to the registration of births.

(7) Jus sanguinis (nationality based solely on descent, often only of the father,
which in some regions results in the inheritance of statelessness).

(8) Denationalization.

(9) Renunciation (without prior acquisition of another nationality).

(10) Automatic loss by operation of law (through loss of a genuine and effective
link or connection with the State which the individual does not expressly
indicate s/he wishes to maintain. May be associated with faulty administrative
practices which fail to notify the individual of this obligation).

11. These factors illustrate the wide range of legal issues relating to nationality which
may be relevant in cases of statelessness, from the conflict of laws or administrative
gaps to denationalisation, discrimination and failure to acknowledge links an

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individual has with a country. While the majority of States pay full regard to
international law in the matter of nationality determination, there are conflict of laws
issues which may result in statelessness despite a State’s best efforts to avoid this. The
1954 Convention provides the tools for assisting those who are stateless to live a more
stable life, while the 1961 Convention on the Reduction of Statelessness is the
primary international legal instrument for avoiding and reducing, wherever possible,
the existence of statelessness.

C. Developments in International Law

12. Nationality, or citizenship,1 has been described as man’s basic right, as, in fact, the
right to have rights.2 When viewed in this light, two aspects of citizenship become
apparent, the first being that citizenship Is a right, and the second being that the
realization of this right is a necessary precursor to access to other rights. Nationality
provides the legal connection between an individual and a State which serves as
a basis for certain rights, including the State’s right to grant diplomatic protection and
representation of the individual on the international level. The exercise of an effective
nationality is, further, a stabilizing and connecting factor, decreasing the potential for
population movement or displacement. General Assembly Resolution 50/152 of 9
February 1996, calls upon States “to adopt nationality legislation with a view to
reducing statelessness, consistent with fundamental principles of international law”.3
While the extension of certain rights generally associated with nationality, such as
voting, employment, or ownership of property, may be one means of normalising the
status of non-citizens on a State’s territory, there is no replacement for nationality
itself.

13. As early as 1923, the Permanent Court of International Justice (PCIJ), in its
Advisory Opinion on the Tunis and Morocco Nationality Decrees, stated:

“The question whether a certain matter is or is not solely within the domestic
jurisdiction of a State is an essentially relative question; it depends on the
development of international relations”.4

Thus, while nationality issues were in principle within domestic jurisdiction, the PCIJ
pointed to restrictions, governed by rules of international law, made incumbent on
State discretion by obligations undertaken towards other States.

14. This theme was woven into the 1930 Hague Convention on Certain Questions
Relating to the Conflict of Nationality Laws. Held under the auspices of the Assembly
1
Some States use the term nationality to describe the legal bond between the individual and the State,
while other States use the word citizenship. The words nationality and citizenship are used as
synonyms in this document.
2
United States Supreme Court Chief Justice Earl Warren, 1958, quoted in Independent Commission
on International Humanitarian Issues, Winning the Human Race?, 1988, p. 107.
3
The sources of international law are delineated in Article 38 of the Statute of the International Court
of Justice, established by the Charter of the United Nations. Article 38 of the Court cites
international conventions (treaties), international custom (State practice), and general principles of
law as the primary sources of law. These sources have, as regards nationality, developed over time
as new conventions, custom, case law and principles have emerged.
4
Permanent Court of International Justice, Advisory Opinion on the Tunis and Morocco Nationality
Decrees, Ser. B, No. 4, 1923, p. 23.

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of the League of Nations and the first international attempt to ensure that all persons
have a nationality, the Hague Convention picks up this theme and goes further. Article
1 states:

“It is for each State to determine under its own law who are its nationals. This
law shall be recognised by other States in so far as it is consistent with
international conventions, international custom, and the principles of law
generally recognised with regard to nationality”.5

15. This reference to the three primary sources of international law, later encoded in
Article 38 of the Statute of the International Court of Justice, is important. When
a State takes action to determine who its nationals or citizens are, this determination
should accord with the relevant provisions of international law. As international law
develops over time, developments in the field of nationality and statelessness should
be taken into consideration by States when they determine nationality status for
persons under their jurisdiction. The term “genuine and effective link” was first
enunciated in the Nottebohm Case as a means of defining the nature of nationality.
The International Court of Justice (ICJ) stated:

“According to the practice of States, to arbitral and judicial decisions and to the
opinion of writers, nationality is a legal bond having as its basis a social fact of
attachment, a genuine connection of existence, interest and sentiments, together
with the existence of reciprocal rights and duties”.6

16. The genuine and effective link, as extrapolated from the Nottebohm Case, has
since been developed into a broader notion in the area of nationality, as based upon
principles embodied in State practice, treaties and case law. For purposes of
nationality determination, such factors as birth on a State’s territory and/or descent
from nationals have been determined to constitute a significant link in the avoidance
of statelessness, as has long-term residency and other connecting factors between an
individual and a State. These factors are reflected in the nationality legislation of
many States.

17. Human rights principles are also relevant to the problem of statelessness and
should be considered by States in assessment of nationality determination. Article 15
of the 1948 Universal Declaration of Human Rights declares:

“Everyone has the right to a nationality. No one shall be arbitrarily deprived of

his nationality nor denied the right to change his nationality”.7

18. It should, further, be recalled that the bulk of human rights law has developed in
the years following the decisions of the PCIJ and ICJ, and the promulgation of the
Hague Convention and the 1961 Convention itself. Article 5 of the International
Convention on the Elimination of All Forms of Racial Discrimination seeks, with
respect to the right to nationality:

5
179 League of Nations Treaty Series 89, 99.
6
ICJ Reports, 1955, p. 23.
7
UN General Assembly Resolution 217 A(III), 10 December 1948; text in Human Rights:
A Compilation, p. 1.

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 “To prohibit and to eliminate racial discrimination in all its forms and to
guarantee the right of everyone, without distinction as to race, colour, or
nationality or ethnic origin, to equality before the law”.8

19. In addition to the 1961 Convention on the Reduction of Statelessness, other

international legal instruments dealing with the right to a nationality include the 1957
Convention on the Nationality of Married Women, the 1966 Covenant on Civil and
Political Rights, the 1979 Convention on the Elimination of All Forms of
Discrimination Against Women, and the 1989 Convention on the Rights of the Child.
The 1957 and 1979 Conventions seek to grant women equal rights with men to
acquire, change, or retain their nationality. The husband’s nationality status should not
automatically change the nationality of the wife, render her stateless, nor mandate
acquisition by her of his nationality.

20. Under the 1979 Convention on the Elimination of All Forms of Discrimination
Against Women, women should also have equal rights with men with respect to the
nationality of their children, avoiding both discrimination against women and the
inheritance, where applicable, of the father’s statelessness. The 1989 Convention on
the Rights of the Child stipulates that children should be registered immediately after
birth, a crucial factor in establishing both place of birth and descent for purposes of
acquiring nationality. Children have the right, from birth, to acquire nationality, as
provided for in both the 1989 Convention and the 1966 International Covenant on
Civil and Political Rights.

21. Reference may also be made to regional instruments, such as the 1969 American
Convention on Human Rights, stating:

“Every person has the right to a nationality. Every person has the right to the
nationality of the State in whose territory he was born if he does not have the
right to any other nationality. No one shall be arbitrarily deprived of his
nationality or of the right to change it”.9

22. These principles have been supported by the jurisprudence of the Inter-American
Court. Further, while it has confirmed that the conditions under which nationality will
be conferred remain within the domestic jurisdiction of the State, the Court stated in
an Advisory Opinion:

“Despite the fact that it is traditionally accepted that the conferral and
recognition of nationality are matters for each State to decide, contemporary
developments indicate that international law does impose certain limits on the
broad powers enjoyed by the States in that area and that the manner in which
States regulate matters bearing on nationality cannot today be deemed to be
within their sole jurisdiction”.10

8
General Assembly Resolution 2106 A(XX), 21 December 1965, text in Collection of International
Instruments and Other Legal Texts Concerning Refugees and Displaced Persons, Vol. I, p. 205.
9
Article 20, American Convention on Human Rights “Pact of San José, Costa Rica”, 22 November
1969; text in Collection of International Instruments and Other Legal Texts, Vol. II, p. 140.
10
Inter-American Court on Human Rights, Advisory Opinion, “Amendments to the Naturalisation
Provision of the Constitution of Costa Rica”, paras. 32-34; text in 5 HRLJ 1984.

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23. The 1997 European Convention on Nationality, promulgated under the auspices of
the Council of Europe, is a valuable reference point for general consensus on
nationality issues and developments for the forty member States participating in its
elaboration.11 The Convention stipulates that account should be taken of the legitimate
interests of States and of individuals with reference to nationality. The avoidance of
statelessness, the right to a nationality for all, and a prohibition concerning
discriminatory distinctions are principles underlying all provisions of the Convention.
Provisions of the 1961 Convention on the Reduction of Statelessness are incorporated
into the 1997 European Convention as regards the grant of nationality to a child born
on a State’s territory or descended from a State’s national in instances where
statelessness would otherwise result.

24. With these developments in international law in the field of nationality, the 1961
Convention on the Reduction of Statelessness may be seen as consolidating principles
of equality, non-discrimination, protection of ethnic minorities, rights of children,
territorial integrity, the right to a nationality and the avoidance of statelessness. The
1961 Convention does not require a contracting State unconditionally to grant
nationality to any stateless persons but seeks, rather, to balance factors of birth or
descent in an effort to avoid the creation of statelessness. Procedural guarantees are
also required to avoid the creation of statelessness through an inadvertent loss of
nationality. This approach is developing as a principle in international law outside the
context of the 1961 Convention on the Reduction of Statelessness.

D. Background of the Conventions

25. Historically, refugees and stateless persons were less differentiated, with both
receiving protection and assistance from international refugee organisations. The 1954
Convention relating to the Status of Stateless Persons, originally drafted as a Protocol
to the 1951 refugee Convention, was intended to reflect this link. The pressing needs
of refugees in the wake of the Second World War and the impending dissolution of
the International Refugee Organisation prevented detailed consideration of the
statelessness issue at the 1951 Conference of Plenipotentiaries convened to consider
both issues. The 1951 Convention was adopted, while the Statelessness Protocol was
postponed for adoption at a later date. Under the 1951 Convention, stateless refugees
receive protection as refugees, nationality status being one of many potentially
relevant issues.

26. In 1954, the Protocol was made a Convention in its own right. A strictly legal
definition of a stateless person was adopted, covering only “a person who is not
considered as a national by any State under the operation of its law” (de jure
stateless). While it was felt that a distinction between de jure and de facto stateless
persons – those who might technically have a nationality but whose nationality is not
effective – was necessary so as to avoid confusion concerning a person’s actual legal
status, the similarity in their positions was recognised.

11
1997 European Convention on Nationality, Council of Europe, European Treaty Series No. 166.
Also of interest is the work of the International Law Commission in the area of nationality and State
succession.

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27. De facto stateless persons were, therefore, made the subject of a recommendation
in the Final Act of the 1954 Convention relating to the Status of Stateless Persons, as
it was assumed that they had voluntarily renounced their nationality and were, in any
event, refugees. Hence, the Final Act

“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 that person
the treatment which the Convention accords to stateless persons”. Although no
supervisory body was provided for in the 1954 Convention, there is every
indication that this was due largely to time constraints and to the intended
association with the 1951 Convention.

28. The 1961 Convention on the Reduction of Statelessness seeks to reduce

statelessness by requesting signatory States to adopt nationality legislation reflecting
prescribed standards pertaining to the acquisition or loss of nationality. By
incorporation into the Final Act, the 1961 Convention “Recommends that persons
who are stateless de facto should as far as possible be treated as stateless de jure to
enable them to acquire an effective nationality”. Here again, the link between the lack
of an effective nationality and the position of a de jure stateless person was
recognised.

E. UNHCR and Statelessness

29. UNHCR has always had responsibilities for stateless refugees, under its statutory
function of providing international protection as well as under the 1951 Convention
relating to the Status of Refugees. In recent years, furthermore, the Office has been
encouraged to seek preventive action by addressing the causes leading to involuntary
displacement. Clearly, the realization of an effective nationality and the ability to
realise the rights inherent in nationality act as stabilizing factors in the prevention of
involuntary and coerced movements between States.

30. There is a link between the loss or denial of national protection and the loss or
denial of nationality. On the plane of rights, the prevention and reduction of
statelessness is an important aspect of securing minority rights. While the basic
human rights of stateless persons are, in principle, to be respected in the country of
habitual residence, it is clear that there are stateless persons who may not receive the
national protection necessary for a stable life. The prevention and reduction of
statelessness and the protection of stateless persons are important for the prevention of
potential refugee situations.

31. UNHCR has been entrusted by the General Assembly with fulfilling the functions
foreseen under Article 11 of the 1961 Convention on the Reduction of Statelessness.
When the 1961 Convention was to enter into force, UNHCR was asked provisionally
to assume the responsibilities foreseen under Article 11 “of a body to which a person
claiming the benefit of this Convention may apply for the examination of his claim
and for assistance in presenting it to the appropriate authority”. As the agency
designated to act as an intermediary between States and stateless persons under the
1961 Convention, it is incumbent upon UNHCR to provide expertise in the area of
nationality legislation to States parties. The principles embodied in the 1961

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Convention have served as a reference point for determination of international law
and international consensus regarding nationality and have been incorporated into
numerous treaties and international instruments, as well as into national legislation.

32. Thus, while there are a minimal number of States signatory to the 1961
Convention, the general principles embodied in the Convention are inherent in
nationality legislation and practice in many States, and have served as a means of
ascertaining consensus on legal standards to be applied in the area of nationality to
problems of statelessness. These standards include the avoidance of statelessness and
the grant of nationality to those who have an effective link or appropriate connection
with the State.

33. Of further relevance to UNHCR’s interactions with States on questions pertaining

to nationality is the Conclusion on The Prevention and Reduction of Statelessness and
the Protection of Stateless Persons, adopted by the High Commissioner’s Executive
Committee and endorsed by United Nations General Assembly Resolution 50/152 of
9 February 1996. The General Assembly encouraged the High Commissioner to
continue her activities on behalf of stateless persons, as part of her statutory function
of providing international protection and of seeking preventive action, as well as her
responsibilities under General Assembly Resolutions 3274 (XXIV) of 10 December
1974 and 31/36 of 30 November 1976, and now:

“Requests the Office of the High Commissioner, in view of the limited number
of States party to these instruments, actively to promote accession to the 1954
Convention relating to the Status of Stateless Persons and the 1961 Convention
on the Reduction of Statelessness, as well as to provide relevant technical and
advisory services pertaining to the preparation and implementation of
nationality legislation to interested States;

Calls upon States to adopt nationality legislation with a view to reducing statelessness,
consistent with fundamental principles of international law, in particular by
preventing arbitrary deprivation of nationality, and by eliminating provisions which
permit the renunciation of a nationality without the prior possession or acquisition of
another nationality, while at the same time recognising the right of States to establish
laws governing the acquisition, renunciation or loss of nationality”.

34. To this end, UNHCR has provided advice and assistance to governments and
individuals in nationality matters, including in the drafting and implementation of
nationality legislation. The Office will continue to provide technical and advisory
services and to promote the statelessness Conventions as part of its responsibility
under Article 11 of the 1961 Convention, as well as in response to the request of its
Executive Committee to “provide relevant technical and advisory services pertaining
to the preparation and implementation of nationality legislation”.

35. UNHCR is concerned with nationality legislation which could lead to

displacement. In its Resolution of 1996, the General Assembly expressed its concern
that “statelessness, including the inability to establish one’s nationality, may result in
displacement”. Lack of an effective nationality including national protection is also
relevant and there are numerous cases in which de facto statelessness has been shown
to be connected to population displacement. While some refugees are de jure

9
stateless, many refugees are de facto stateless, making this category, or its potential
creation, of great concern to the Office.

36. When the 1954 and 1961 Conventions were drafted, it was assumed that all de
facto stateless persons were refugees and would, therefore, benefit from the 1951
Convention. It is now apparent that there are those who do not qualify as refugees but
whose nationality status is unclear. The situation of such a person in terms of a lack of
national protection may be identical to that of a de jure stateless person. Since lack of
protection may result in involuntary displacement, UNHCR is also concerned with
promotional and preventive measures on behalf of such individuals. UNHCR
continues to explore promotional and preventive activities in this area to which the
Office can contribute in collaboration with concerned States.

Main Provisions of the Conventions

F. Main Provisions of the 1954 Convention relating to the Status of Stateless

Persons

37. 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 and to ensure to stateless persons fundamental rights and freedoms
without discrimination. The Convention was adopted to cover those stateless persons
who are not refugees and who are not, therefore, covered by the 1951 Convention
relating to the Status of Refugees. As noted above, the 1954 Convention was
originally intended as a Protocol to the 1951 Convention.

38. The Convention’s provisions are not a substitute for granting nationality to those
born and habitually resident in a State’s territory. There are, in fact, international legal
principles in the area of nationality which elaborate on this. The improvement of the
rights and status of stateless persons under the provisions of this Convention do not,
therefore, diminish the necessity of acquiring nationality nor do they alter the fact that
the individual is stateless. This is clearly exemplified in paragraphs 15 and 16 of the
Schedule concerning the issuance of a Convention Travel Document, which state:

Par. 15. Neither the issue of the document nor the entries made thereon determine or
affect the status of the holder, particularly as regards nationality.

Par. 16. The issue of the document does not in any way entitle the holder to the
protection of the diplomatic or consular authorities of the country of issue, and does
not ipso facto confer on these authorities a right of protection.

There is no equivalent, however extensive the rights granted to a stateless person may
be, to the acquisition of nationality itself.

39. The main provisions of the 1954 Convention may be summarised as follows:

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a. Definition of a Stateless Person

Article 1 states:

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.

This is a strictly legal definition. It does not speak of the quality of nationality, of the
manner in which nationality is ascribed, or of access to a nationality. The definition is
one simply of legal fact, an operation of law, by which the State’s nationality
legislation defines ex lege, or automatically, who has nationality. There are, however,
principles involved in the acquisition, bestowal, loss and renunciation of nationality
which are important in the determination of who should have access to nationality
even in cases where, by operation of law, they do not acquire it.

b. Persons Excluded from the 1954 Convention

The Convention does not apply to:

i. those who were, at the time the Convention came into force, receiving assistance
from United Nations agencies with the exception of UNHCR;

ii. persons who already have the rights and obligations attached to the possession of
nationality in the country in which they reside. In other words, where the individual
has already attained the maximum legal status possible (status equivalent to that of
nationals), the accession of that State to the Convention with provisions less extensive
than those already granted to stateless persons under national law, will not jeopardise
those rights. The importance of nationality itself must, however, be borne in mind;

iii. persons with respect to whom there is serious reason for considering that:

− they have committed a crime against peace, a war crime, or a crime against
humanity;

− they have committed a serious non-political crime outside the country of their
residence prior to their admission to that country;

− they have been guilty of acts contrary to the purpose and principles of the United
Nations.

c. Eligibility

The decision as to whether a person is entitled to the benefits of this Convention is

taken by each State party in accordance with its own established procedures and may
be made subject to the grant of lawful residence. UNHCR is available to play an
advisory role in these procedures if requested, in view of the Office’s experience with
issues relating to statelessness and nationality.

d. Provisions relating to the Status of Stateless Persons

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The Convention contains provisions regarding the stateless person’s rights and
obligations pertaining to their legal status in the country of residence. These rights
include access to courts, property rights and freedom to practice their religion.
Obligations include conformity to the laws and regulations of the country. 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. Contracting States are encouraged to accord stateless
persons lawfully resident on their territory a standard of treatment comparable, in
some instances, to that accorded to nationals of the State and, in other instances, to
that accorded to nationals of a foreign country or aliens generally in the same
circumstances.

e. Identity and Travel Documents

The Convention stipulates that 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. The issuance of a travel document does not imply a grant of
nationality, does not alter the status of the individual, and does not grant a right to
national protection or confer aright of protection on the authorities. The documents
are, however, particularly important to stateless persons in facilitating travel to other
countries for, inter alia, purposes of study, employment, health or immigration. In
accordance with the Schedule to the Convention, each Contracting State undertakes to
recognise the validity of travel documents issued by other States parties. UNHCR is
ready to offer technical advice on the issuance of such documents.

f. Expulsion

Stateless persons are not to be expelled save on grounds of national security or public
order. Expulsions are subject to due process of law unless there are compelling
reasons of national security. The Final Act 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 is the articles of a Convention geared toward
regulating the status of de jure stateless persons.

g. Naturalisation

The Contracting State shall as far as possible facilitate the assimilation and
naturalisation of stateless persons. The State shall in particular make every effort to
expedite naturalisation proceedings including reduction of charges and costs wherever
possible.

h. Dispute Settlement

Disputes between States parties which cannot be settled by other means may be
referred to the International Court of Justice at the request of a party to the dispute.

i. Reservations

In acknowledgement of special conditions prevailing in their respective States at the

time of ratification or accession, the Convention allows Contracting States to make

12
reservations to certain of the provisions. Reservations may be made with respect to
any of the Convention’s provisions with the exception of those which the drafters of
the Convention determined to be of a fundamental nature. No reservations may be
made, therefore, in the case of Articles 1(definition/exclusion), 3 (non-
discrimination), 4 (freedom of religion), 16(1)(free access to courts), and 33 to 42
(Final Clauses).

j. Final Act

The Final Act 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.

G. Main Provisions of the 1961 Convention on the Reduction of Statelessness

40. The primary international legal instrument addressing the problem of statelessness
is the 1961 Convention on the Reduction of Statelessness. The essential purpose of
the Convention is both to provide for the acquisition of nationality by those who
would otherwise be stateless and who have an appropriate link with the State through
birth on the territory or through descent from nationals, and for the retention of
nationality for those who will be made stateless should they inadvertently lose the
State’s nationality.

41. The basic provisions contained in the 1961 Convention may be summarised as
follows:

a. Grant of Nationality (Articles 1-4).

Nationality shall be granted to those, who would otherwise be stateless, who have an
effective link with the State through either birth or descent. The fact that the person
concerned will otherwise be stateless is a precondition to all modes of acquisition of
nationality under the terms of the 1961 Convention which is concerned not with
nationality in general but specifically with the problem of statelessness. Nationality
shall be granted:

i. at birth by operation of law to a person born in the State’s territory;

ii. by operation of law at a fixed age, to a person born in the State’s territory, subject
to conditions of national law;

iii. upon application to a person born in the State’s territory (may be made subject to
one or more of the following: a fixed time-frame in which the application may be
lodged, specified residency requirements, no criminal convictions of a prescribed
nature, and that the person has always been stateless);

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iv. at birth to a legitimate child whose mother has the nationality of the State in which
the child is born;

v. by descent, should the individual be unable to acquire nationality of the Contracting

State in whose territory s/he was born due to age or residency requirements (may be
made subject to one or more of the following: a fixed time-frame in which the
application may be lodged, specified residency requirements, and that the person has
always been stateless);

vi. to foundlings found in the territory of a Contracting State;

vii. at birth, by operation of law, to a person born elsewhere if the nationality of one
of the parents at the time of the birth was that of the Contracting State;

viii. upon application, as prescribed by national law, to a person born elsewhere if the
nationality of one of the parents at the time of the birth was that of the Contracting
State(may be made subject to one or more of the following: a fixed period in which
the application may be lodged, specified residency requirements, no convictions of an
offence against national security, and that the person has always been stateless).

b. Loss/Renunciation of Nationality (Articles 5-7).

Loss or renunciation of nationality should be conditional upon the prior possession or

assurance of acquiring another nationality. An exception may be made in the case of
naturalised persons who, despite notification of formalities and time-limits, reside
abroad for a fixed number of years and fail to express an intention to retain
nationality. In this specific context, a naturalised person refers only to a person who
has acquired nationality upon an application which the Contracting State concerned,
in its discretion, could have refused. Loss of nationality may take place only in
accordance with law and accompanied by full procedural guarantees, such as the right
to a fair hearing by a court or other independent body.

c. Deprivation of Nationality (Articles 8-9).

The basic principle is that no deprivation of nationality should take place if it will
result in statelessness. The following exceptions are made:

i. nationality obtained by misrepresentation or fraud;

ii. acts inconsistent with a duty of loyalty either in violation of an express prohibition
or by personal conduct seriously prejudicial to the vital interests of the State;

iii. oath or formal declaration of allegiance to another State or repudiation of

allegiance to the Contracting State;

iv. loss of effective link by naturalised citizens who, despite notification, fail to
express an intention to retain nationality (see b. above).

Deprivation must be in accordance with law and accompanied by full procedural

guarantees, such as the right to a fair hearing. A Contracting State may not deprive

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any person or group of persons of their nationality on racial, ethnic, religious or
political grounds.

d. Transfer of Territory (Article 10).

Treaties shall ensure that statelessness does not occur as a result of a transfer of
territory. Where no treaty is signed, the State shall confer its nationality on those who
would otherwise become stateless as a result of the transfer or acquisition of territory.

e. International Agency (Article 11).

Provision was made for the establishment, within the framework of the United
Nations, of a body to which a person claiming the benefit of the Convention may
apply for the examination of his/her claim and for assistance in presenting it to the
appropriate authority. UNHCR has been requested, by the United Nations General
Assembly, to fulfil this function.

f. Disputes (Article 14).

Disputes between Contracting States concerning the interpretation or application of

the Convention, which have not been resolved by other means, may be submitted to
the International Court of Justice at the request of anyone of the parties to the dispute.

g. Reservations (Article 17).

Reservation may be made, at the time of signature, ratification or accession, in respect

only of Articles 11 (Agency), 14 (Referral of disputes to ICJ) or 15 (territories for
which the Contracting State is responsible).

h. Final Act

Delineates definitions of words used in the Convention, as well as duties of the

Contracting States. It recommends that persons who are stateless de facto should as
far as possible be treated as stateless de jure to enable them to acquire an effective
nationality.

Accession

H. The Importance of Accession

42. Accession to the 1954 Convention relating to the Status of Stateless Persons is
important because it sets the framework for the standard of treatment of stateless
persons. It provides the individual with stability and ensures certain basic rights and
needs are met, such as access to courts and education. These stabilizing factors, in
addition to improving the quality of life for those who remain stateless, also decrease
the potential for future displacement.

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43. Accession to the 1961 Convention on the Reduction of Statelessness is important
for this is the primary international legal instrument adopted to date to deal with the
means of avoiding statelessness. The essential purpose of the Convention is to provide
for acquisition or retention of nationality for those who would otherwise be stateless
and who have an appropriate link with the State.

44. Accession has, thus far, been rather low due, in no small part, to the fact that no
international organisation has previously promoted it. However, developments in the
area of human rights, State practice, case law and arbitral decisions relating to
nationality have been extensive in the years since embodiment of the principles
outlined above in the 1961 Convention. The Universal Declaration of Human Rights,
the Convention on the Elimination of All Forms of Racial Discrimination, and other
international instruments regarding women, children and civil and political rights,
indicate there is a right to a nationality. Case law of the Permanent Court of
International Justice and of the International Court of Justice, treaties adopted in State
succession, and State practice itself indicate a right to a nationality and guiding
principles in the acquisition or loss of nationality.

45. Regional developments (Council of Europe 1997 European Convention on

Nationality, American Convention on Human Rights) and developments at the
universal level (International Law Commission’s work in the area of State succession
and nationality), indicate that the principles embodied in the 1961 Convention now
represent a minimum standard for many States as well as for experts working in the
field of nationality. Most States recognise the general principles embodied in the
Convention and acknowledge the critical importance of a legal bond between an
individual and the State. An increase in accessions to the statelessness Conventions
would, moreover, act as an impetus for all States to recognise, where appropriate,
a link between the individual and the State in the avoidance of statelessness.

46. The importance of accession to the 1954 and 1961 Conventions may be
encapsulated as follows:

a. Internationally

(1) Cooperation with the international community in the reduction and elimination of
statelessness.

(2) Strengthening of international prohibitions on individual or mass expulsions.

(3) Improvement of international relations and stability through the avoidance and
resolution of disputes relating to nationality status.

(4) Application of human rights and humanitarian standards.

(5) Prevention of displacement and refugee flows by addressing a root cause.

(6) Development of international law relating to the acquisition of nationality and the
maintenance of an effective nationality.

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(7) Facilitation of UNHCR’s task of mobilising international support for adherence to
the principles contained in the Conventions.

(8) Effective resolution of disputes relating to nationality through harmonisation of

laws and practice.

b. Nationally

(1) Enhancement of the protection of human rights.

(2) Provision of a basis for diplomatic protection and as well as for representation of
the individual at the international level.

(3) Enhancement of national solidarity and stability.

(4) Formal recognition of a genuine and effective link, or appropriate connection,

between the individual and the State.

47. An increase in accession to the 1961 Convention would act as an impetus for all
States to recognise principles confirming an individual’s link with a
State in avoidance of statelessness. It is through nationality that individuals are
ensured access to many other rights and privileges. Nationality is the basis upon
which a State exercises diplomatic protection or legal standing at the international
level for individuals. An effective nationality may be, further, a key element in the
reduction of unnecessary dislocation. Thus, while a State may accord to individuals
many of the rights generally associated with nationality, there is no replacement for
nationality itself.

48. Accession to the 1954 Convention relating to the Status of Stateless Persons is
important because it provides stateless individuals with many of the rights necessary
to live a stable life. Accession to the 1961 Convention on the Reduction of
Statelessness would, additionally, serve to resolve many of the situations which lead
to statelessness. Accession to the 1961 Convention, embodying principles already
generally accepted under international law, would act as a reference point for
nationality legislation, would resolve certain conflict of laws problems, and would
indicate the international community’s resolve to reduce statelessness.

49. The 1954 Convention relating to the Status of Stateless Persons and the 1961
Convention on the Reduction of Statelessness provide valuable legal tools for the
protection of stateless persons and for improved stability in relations between States.
An increase in the number of signatory parties would, in addition to assisting those
covered by the Conventions themselves, have the benefit of improving international
relations through development of legal principles relating to the grant of nationality
and the reduction of statelessness, thus strengthening the international regime of
protection.

I. Legal/Practical Issues

50. As is the case for any other United Nations conventions, States may accede to the
1954 Convention relating to the Status of Stateless Persons and/or the 1961

17
Convention on the Reduction of Statelessness at any time by depositing an instrument
of accession with the Secretary-General of the United Nations. The instrument of
accession must, as usual, be signed by the Head of State or Government or Foreign
Minister, and is then transmitted through the Representative of the acceding country
to the United Nations Headquarters in New York. A model instrument of accession to
the Conventions may be found in Annex 1.

51. In acknowledgement of special conditions prevailing in their respective States at

the time of ratification or accession, the Conventions allow Contracting States to
make reservations to certain of the provisions. Reservations may be made with respect
to any of either of the Conventions’ provisions with the exception of those which the
drafters of the instruments determined to be of a fundamental nature. A limited
number of reservations are, therefore, permitted in the case of both Conventions.

a. 1954 Convention relating to the Status of Stateless Persons: Reservations are

permitted EXCEPT in the case of Articles 1 (definition/exclusion clauses), 3 (non-
discrimination),4 (freedom of religion), 16 (1) (free access to courts), and 33 to 42
(Final Clauses).

b. 1961 Convention on the Reduction of Statelessness: Reservations may be made

only in respect of Articles 11 (Agency), 14 (referral of disputes to the ICJ), or 15
(territories the Contracting State is responsible for).

J. Checklist of Procedures for Accession to the 1954 and 1961 Conventions

52. The following steps will need consideration;

a. Prepare and execute instruments of accession in accordance with the model

instruments in the Annex. Ensure that any reservations made comply with those which
are permissible and that the instruments have been duly signed and sealed.

b. In accordance with Article 16 of the 1961 Convention and Article 35 of the 1954
Convention, the instrument(s) of accession must be deposited with the Secretary-
General of the United Nations in New York. The instrument(s) may be deposited in
person by the Head of State, Head of Government or Foreign Minister, by the
country’s Permanent Mission to the United Nations in New York, or by mail.

c. Ensure compliance with any national processes including constitutional

requirements concerning the accession to international instruments and the national
implementation of the provisions of such instruments. The measures required to give
national effect to the Conventions will very according to the national requirements. In
some States, mere accession may be sufficient to bring the Conventions into force
under national law. In other States, either the process of ratification or the
incorporation of the provisions of the Convention into domestic legislation may be
necessary.

53. States may have questions regarding review or modification of current nationality
legislation. UNHCR will be pleased to extend technical and advisory services to
interested States concerning current nationality legislation and potential changes
required as a result of accession. UNHCR is available for consultation and assistance

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required in relation to accession to the Conventions, including for further clarification
of the implications of accession.

Annex

Model Instrument of Accession to the Convention relating to the Status of

Stateless Persons of 1954

WHEREAS a Convention Relating to the Status of Stateless Persons was adopted by

the General Assembly of the United Nations on the twenty-eighth day of September,
one thousand nine hundred and fifth-four, and is open for accession pursuant to
Article 35 thereof;

AND WHEREAS, it is provided in section 3 of the said Article 35 that accession

thereto shall be affected by deposit of an instrument with the Secretary General of the
United Nations;

NOW THEREFORE, the undersigned, [Title of Head of State, Head of Government

or Foreign Minister] hereby notifies the accession of the [State concerned];

GIVEN under my hand in _______________ this _______ day of______ one

thousand, nine hundred and _______.

[Public Seal and Signature of custodian if appropriate.]

[Signature of Head of State, Head of Government or Foreign Minister.]

Model Instrument of Accession to the Convention on the Reduction of

Statelessness of 1961

WHEREAS a Convention on the Reduction of Statelessness was adopted by the

Plenipotentiaries on the thirtieth day of August, one thousand nine hundred and sixty-
one, and is open for accession pursuant to Article 16 thereof;

AND WHEREAS, it is provided in section 3 of the said Article 16 that accession

thereto shall be affected by deposit of an instrument with the Secretary General of the
United Nations;

NOW THEREFORE, the undersigned, [Title of Head of State, Head of Government

or Foreign Minister] hereby notifies the accession of the [State concerned];

GIVEN under my hand in _______________ this _______ day of______ one

thousand, nine hundred and _______.

[Public Seal and Signature of custodian if appropriate.]

[Signature of Head of State, Head of Government or Foreign Minister.]

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1954 Convention relating to the Status of Stateless Persons

[text not reproduced here]

1961 Convention on the Reduction of Statelessness

[text not reproduced here]

Lists of States Parties

[text not reproduced here]

UNGA Res. 3274 (XXIX), 10 Dec. 1974

[text not reproduced here]

UNGA Res. 31/36, 30 Nov. 1976

[text not reproduced here]

Executive Committee Conclusion on the Prevention and Reduction of

Statelessness and the Protection of Stateless Persons

[text not reproduced here]

UNGA Res. 50/152, 9 Feb. 1996

[text not reproduced here]

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