The Convention on the Reduction of Statelessness is a 1961 United Nations

multilateral treaty whereby sovereign states agree to reduce the incidence of statelessness.
The Convention was originally intended as a Protocol to the Convention Relating to the
Status of Refugees, while the 1954 Convention Relating to the Status of Stateless Persons
was adopted to cover stateless persons who are not refugees and therefore not within the
scope of the Convention Relating to the Status of Refugees.[citation needed]

Contents
1 Statelessness prior to World War II
2 Background to UN action addressing the problem of statelessness
3 General principles
4 How the convention works to reduce statelessness
5 Substantive provisions of the convention
6 Contracting states
7 See also
8 References
9 External links

Statelessness prior to World War II

The Nansen International Office For Refugees, an organization of the League of Nations,
was internationally in charge of refugees from war areas from 1930 to 1939. It received
the Nobel Peace Prize in 1938. Their Nansen passports, designed in 1922 by founder
Fridtjof Nansen, were internationally recognized identity cards first issued by the League
of Nations to stateless refugees. In 1942 they were honored by governments in 52
countries and were the first refugee travel documents.

Background to UN action addressing the

problem of statelessness

The Room of the United Nations

General Assembly where
Resolution was passed in 1949
which inspired the adoption of
the Convention Regarding
the Status of Stateless
Persons in 1954 and the
completion of the 1961
Convention on the Reduction of Statelessness

Migrations forced from political instability during World War II and its immediate
aftermath highlighted the international dimensions of problems presented by
unprecedented volumes of displaced persons including those rendered effectively
stateless.

Dating from December 1948, the Universal Declaration of Human Rights at Article 15
affirms that:

Everyone has the right to a nationality.

No one shall be arbitrarily deprived of his nationality nor denied the right to
change his nationality.

At the Fourth United Nations General Assembly Session in OctoberDecember 1949,

the International Law Commission included the topic "Nationality, including
statelessness" in its list of topics of international law provisionally selected for
codification. At the behest of the United Nations Economic and Social Council
(ECOSOC) in its 11th Session soon after, that item was given priority.

The Convention Relating to the Status of Refugees was done on 28 July 1951. It was
originally desired to cover 'refugees and stateless persons', however agreement was not
reached with respect to the latter.

The International Law Commission at its fifth session in 1953 produced both a Draft
Convention on the Elimination of Future Statelessness, and a Draft Convention on the
Reduction of Future Statelessness. ECOSOC approved both drafts.

The 1954 Convention Relating to the Status of Stateless Persons was done in September
1954 (The Status Convention).[1] This completed the unfinished work of the Refugee
Convention three years prior.

On 4 December 1954 the UN General Assembly by Resolution[2] adopted both drafts as

the basis of its desire for a conference of plenipotentiaries and an eventual Convention.

General principles
The Convention works to create norms and to codify and confirm certain presumptions
and principles of customary international law existing at the time of its formation. Among
these would be:

States have absolute sovereignty to confer their nationality on any person for any
reason
otherwise stateless persons may take the nationality of the place of their birth or
of the place where they were found (in the case of a foundling), otherwise they
may take the nationality of one of their parents (in each case possibly subject to a
qualifying period of residence in that State)
 a stateless person has some time beyond attaining adulthood to seek to claim the
benefit of the Convention. That time is always at least three years from the age of
eighteen.
the benefit of the Convention may be claimed by guardians on behalf of children
States may impose a period of residence qualification for granting nationality to
persons who may be otherwise stateless. That period is a maximum five years
immediately prior to application and maximum of ten years overall.
disloyal or certain criminal conduct may limit an individual's ability to avail the
benefit of the Convention
birth on a sea vessel or aircraft may attract the nationality of the flag of that vessel
or craft

How the convention works to reduce

statelessness
In respect of contracting states:

'stateless birth' on their territory attracts the grant of their nationality

transfer of territory between states must occur in a manner that avoids the
occurrence of statelessness for persons residing in the territory transferred. When
a State acquires territory, the inhabitants of that territory presumptively acquire
the nationality of that State.
persons otherwise stateless shall be able to take the nationality of one of their
parents (possibly subject to a period of prior residence not more than three years)
absent circumstances of fraudulent application or disloyalty toward the
contracting state, deprivations and renunciations of citizenship shall only take
effect where a person has or subsequently obtains another nationality in
replacement
the United Nations High Commissioner for Refugees (UNHCR) will issue travel
documents evidencing nationality to persons, otherwise stateless, having a claim
of nationality under the convention

Substantive provisions of the convention

United Nations Headquarters,

New York. Site of the
completion of the Statelessness
Reduction Convention in 1961

There are 21 Articles,

summarised below:

Article 1(1)
 Contracting States shall grant their nationality to persons,
otherwise stateless, born in their territory (subject to Article
1(2)).
The grant may be by virtue of the birth, or upon application by or
on behalf of the person so born.
Article 1(2)
An applicant may have up until at least the age of 21 to claim
their citizenship by birth from article 1(1).
For grant of citizenship by birth, a Contracting State may require
proof of habitual residence in their territory for a period not
exceeding 5 years immediately prior to application, or 10 years in
total.
Grant of citizenship by birth may be contingent upon the
applicant's not having been convicted of an offence against
national security nor having been sentenced to imprisonment for a
term of five years or more. Grant of citizenship by birth may be
contingent upon the applicant having always been stateless.
Article 1(3)
A child born in wedlock in a Contracting State, whose mother is a
national of that State, and who would otherwise be stateless,
shall take the nationality of that State.
Article 1(4)
A Contracting State shall give its nationality to a person,
otherwise stateless, who is legally precluded from assuming
his/her birth nationality, where that State's nationality was held
by either parent at the time of the birth.
Article 1(5)
An applicant has until at least the age of 23 to claim a
nationality by Article 1(4).
For conferral of nationality by Article 1(4) a contracting State
may impose a residence requirement not exceeding three years
immediately prior to application.
For conferral of nationality by Article 1(4) it may be required
that the applicant has always been stateless.
Article 2
For the purpose of assigning nationality, a foundling shall be
considered to have been born in the State where it was found and
from parents of that State's nationality. That presumption may be
displaced by proof to the contrary.
Article 3
For the purpose of determining the obligations of contracting
states under this convention, birth on a ship or aircraft shall
amount to birth in the territory of the State that gives its flag
to that ship or aircraft.
Article 4
A Contracting State shall grant its nationality to a person, not
born in its territory, if either parent had that State's
nationality and the person would be otherwise stateless.
A person may make such a claim for nationality at least up until
the age of 23. They may also be required to have a period of
residence up to three years immediately prior to application. The
 claim may be refused where a person has been convicted of an
offence against the national security of the State.
Article 5
If a law entails loss of nationality, such loss shall be
conditional upon the person acquiring another nationality. This
only applies to loss by marriage, legitimation, divorce,
recognition or adoption. A child that loses nationality by
recognition or affiliation shall be given opportunity to reacquire
by written application under terms not more rigorous than provided
by Article 1(2).
Article 6
If a law entails loss of nationality by a spouse or child by
virtue of the loss of nationality by the other spouse or a parent,
such loss shall be conditional on the person's possession or
acquisition of another nationality.
Article 7
Laws for the renunciation of a nationality shall be conditional
upon a person's acquisition or possession of another nationality.
(Exceptions: not to frustrate freedom of movement of nationals
within a country, not to frustrate return of nationals to their
country, not to frustrate a person's ability to seek asylum)
Article 8
Contracting States shall not deprive people of their nationality
so as to render them stateless. (Exceptions: where otherwise
provided in the Convention; where nationality has been acquired by
misrepresentation or fraud; disloyalty to the Contracting State).
Article 9
Nationality will not be deprived on racial, ethnic, political or
religious grounds.
Article 10
Treaties providing for transfer of territory between States shall
make provisions to preclude the occurrence of statelessness.
Absent such provisions, a Contracting State taking territory will
give its nationality to persons, otherwise stateless, in that
territory.
Article 11
Persons may apply to the UNHCR to claim the benefit of the
Convention.
Article 12
The Convention applies to persons born either before or after it
goes into force. (Exception: only applies to foundlings found
after going into force)
Article 13
The Convention is not to be construed to detract from any law or
treaty provision otherwise aiding the reduction of statelessness.
Article 14
Disputes by Contacting States concerning the Convention are
susceptible to final adjudication by the International Court of
Justice.
Article 15
 The Convention applies to all trust, non-self-governing, colonial,
and non-metropolitan territories of Contracting States.
Articles 1621
Process of signature and ratification.

The Right to Nationality in International

Conventions
International conventions or treaties are agreements that establish rules that are expressly
recognized by the parties to them.[28] The Vienna Convention on the Law of Treaties[29]
defines a treaty as an international agreement concluded between States in written form
and governed by international law, whether embodied in a single instrument or in two or
more related instruments and whatever its particular designation.[30]

The Right to Nationality in Resolutions of

the United Nations General Assembly
The Universal Declaration of Human Rights,[21] which was adopted by the General
Assembly of the United Nations on 10 December 1948, has codified nationality as a
human right.[22] Article 15 of the Declaration reads:

(1) Everyone has the right to a nationality.

(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change
his nationality.

As to the binding nature of resolutions of the U.N. General Assembly, Professor Ian
Brownlie expresses the view that these resolutions, in general, are not binding on member
States. He adds, however, that when the resolutions are concerned with general norms of
international law, then acceptance by a majority vote constitutes evidence of the opinions
of governments in the widest forum for the expression of such opinions.[23]

As a mere resolution of the General Assembly, the Universal Declaration of Human

Rights is not per se legally binding. There is, however, a view that since 1948 the
Declaration has become binding as a new rule of Customary International Law.[24]
Paragraph 2 of the Proclamation of Teheran,[25] which was adopted by the International
Conference on Human Rights held in Iran in 1968 declares: The Universal Declaration
of Human Rights states a common understanding of the peoples of the world concerning
the inalienable and inviolable rights of all members of the human family and constitutes
an obligation for the members of the international community.

In 1959, the Declaration on the Rights of the Child[26] was proclaimed by the U.N.
General Assembly through its Resolution 1386(XIV) of 20 November 1959. It contains a
more emphatic provision on the right to nationality as applied to children as it makes it an
entitlement of a child from birth. Principle 3 of the Declaration reads:

The child shall be entitled from his birth to a name and a nationality.

Another resolution of the U.N. General Assembly, the Declaration on Social and Legal
Principles relating to the Protection and Welfare of Children,[27] adopted on 3 December
1986, and published on 6 February 1987, also affirms the right to nationality as applied to
children. Article 8 of the said Declaration reads:

The child shall at all times have a name, a nationality and a legal representative. The
child should not, as a result of foster placement, adoption or any alternative regime, be
deprived of his or her name, nationality or legal representative unless the child thereby
acquires a new name, nationality or legal representative.