Preventing and Reducing

Statelessness
T h e 1961 Co nve ntio n o n th e Red u c tio n of Statele s s n e s s

A PERSONAL APPEALFROM THE UNITED
NATIONS HIGHCOMMISSIONERFOR REFUGEESA Nepalese boy from the marginalised
Dalit community rests next to his
grandfather. Disadvantaged communities
in Nepal have often faced multiple
obstacles to citizenship and theexercise of associated rights. For many
people around the world, statelessness
begins at birth, often because theparents themselves are stateless. The
1961 Convention on the Reduction ofStatelessness is designed to ensure thatevery child can acquire a nationality
and that statelessness is not transmitted
from one generation to another.

G. CONSTANTINE

Millions of people around the world
are stateless. This is a matter of grave
concern. The Convention on the Reduction of Statelessness is an important tool
for tackling the problem. Many States
already have legislation that is compliant
with the provisions of the Convention
and implementing it costs very little. Yet
few States are parties to this instrument.
We need to change that. I pledge the full
support of my Office to governments
wishing to become parties.

Cover :

I would like more information about:

UNHCR and its work on statelessness
Visit UNHCR’s statelessness website atwww.unhcr.org/statelessness. You can also
consult relevant Conclusions on International
Protection of UNHCR’s Executive Committee,
in particular Conclusion 106 on Identification,
Prevention and Reduction of Statelessness andProtection of Stateless Persons (2006).

International law relating to
the prevention and reduction ofstatelessness, including the 1961
Convention on the Reduction ofStatelessness
For a more detailed discussion of the 1961
Convention as well as other international
norms relating to the protection of statelesspersons, see Nationality and Statelessness: A
Handbook for Parliamentarians (UNHCR andInter-Parliamentary Union, 2005, revised
second edition forthcoming in 2014) and
UNHCR Guidelines on Statelessness on
Ensuring Every Child’s Right to Acquire a
Nationality through Articles 1-4 of the 1961
Convention on the Reduction of Statelessness.
To access these and other relevantinternational documents on statelessness, visit
UNHCR’s Refworld website at
http://www.refworld.org/statelessness.html

António Guterres

Published by:
UNHCR
P.O. Box 2500
1211 Geneva 2
Switzerland
UNHCR, January 2014

PROMOTING THE RIGHTTO A N AT I O N A L I T Y

Nationality is a legal bond between a person and a State. Nationality provides
people with a sense of identity but, more importantly, enables them to exercise
a wide range of rights. The lack of any nationality, statelessness, can therefore beharmful, in some cases devastating to the lives of the individuals concerned.

Article 15 of the Universal Declaration of Human Rights affirms that “everyone
has the right to a nationality”. With these words, the international community
recognized that every individual, everywhere in the world, should hold a legalbond of nationality with a State. In other words, international law says clearly
that statelessness should be avoided.
Despite this firm international commitment, new cases of statelessness havecontinued to arise. Tackling statelessness still poses a major challenge in the 21st
century. There are at least 10 million stateless people around the world today.
States are responsible for conferring nationality. Each State lays down the criteria
for conferral and withdrawal of nationality in its own domestic law. It is, therefore, States which must take action, alone and in cooperation with other States,
to ensure that everyone has a nationality. Although the Universal Declarationof Human Rights confirms that everyone has the right to a nationality, it does
not set out the specific nationality to which a person is entitled. This absence ofclear rules may result in statelessness. States therefore developed a series of additional standards, which were adopted in 1961 in the form of the Convention on
the Reduction of Statelessness (“1961 Convention”), in recognition of the need forfurther international cooperation and agreement to prevent and reduce statelessness.
A growing number of States are turning to the 1961 Convention for guidanceon how to meet their international obligation to prevent statelessness. While the1961 Convention had only 37 States Parties on 1 January 2011, 33 states pledged
to accede to the Convention at the Ministerial Event organized by UNHCR in
December 2011. By the end of January 2014 the number of State Parties had
increased to 55. However, the influence of the Convention’s provisions is far
wider because many States have drawn elements of the Convention for inclusion in their nationality legislation.
PreventingandR e d u c i n g S t a t e l e ss n e ss1

W H Y I S N AT I O N A L I T Y I M P O RTA N T ?

WHY IS THE 1961 CONVENTIONR E L E VA N T TO DAY ?

A

lthough it has long been understood that statelessness should be avoided
and that this goal can only be achieved through international cooperation,
many States have yet to take action to ensure that everyone enjoys the right toa nationality. Due to the differing approaches taken by States with regard to theacquisition and loss of nationality, some individuals continue to “fall through thecracks” and become stateless. Common rules are therefore essential to address
such gaps. The 1961 Convention is the only universal instrument that elaborates
clear, detailed and concrete safeguards to ensure a fair and appropriate responseto the threat of statelessness. Accession to the 1961 Convention equips States toavoid and resolve nationality-related disputes and mobilize international support
to adequately deal with the prevention and reduction of statelessness. A higher
number of States Parties will also help to improve international relations andstability by consolidating a system of common rules.

2

PreventingandR e d u c i n g S t a t e l e ss n e ss

UNHCR /G. CONSTANTINE

N

ationality provides people with a sense of identity and is key to full participation in society. Without a nationality, people are generally excluded
from political processes because they do not have the right to vote. Moreover,
only ‘citizens’ have the unrestricted right to enter and reside in a country
under international law. Stateless persons may therefore end up without any
residence status or, worse, in prolonged detention. Statelessness also causes difficulties in a wide range of other areas, from travel to access to education andhealthcare. Statelessness prevents people from fulfilling their potential and may
have severe knock-on effects for social cohesion and stability; it may even leadto communal tension and displacement. Preventing and reducing statelessness
is an effective way to tackle one root cause of such problems.

A map drawn on the wall of a home in Côte d’Ivoire gives a sense of the population movements
between neighbouring countries and Côte d’Ivoire before and after independence. Conflicts
between the nationality laws of States can lead to statelessness. This is more likely to occur whenpeople live outside of the country of their nationality or have children abroad. These problems
can be addressed by introducing safeguards in nationality laws such as those stipulated in the1961 Convention. Birth registration and issuance of documentation are also essential because they
document the links every person has to one or more States.

HOW THE 1961 CONVENTION HELPSTO AVO I D STAT E L E SS N E SS
WHEN DOES THE 1961 CONVENTION APPLY? -T

he 1961 Convention sets out rules for the conferral or non-withdrawal ofnationality only where the person in question would be left stateless. In otherwords, the provisions of the 1961 Convention offer carefully detailed safeguards
against statelessness that should be implemented through a State’s nationality
law, without specifying any further parameters of that law. Beyond these few,
simple safeguards, States are free to elaborate the content of their nationality
legislation. However, these rules must be consistent with other international
standards relating to nationality.

PreventingandR e d u c i n g S t a t e l e ss n e ss

3

HOW CAN THE 1961 CONVENTION ASSIST STATES IN REDUCING STATELESSNESS?-B

y applying the safeguards elaborated in the 1961 Convention wherever a
person would be left stateless, States can prevent new cases of statelessness
from arising. The 1961 Convention’s provisions are, however, equally relevantto the task of reducing statelessness. It does this in two ways. First, preventionof statelessness leads to a reduction of statelessness over time. Second, whenbringing their domestic legislation into line with the safeguards detailed in
the 1961 Convention in order to prevent future statelessness, States are encouraged to also use this opportunity to reduce statelessness. For example, States
may apply newly introduced safeguards retroactively and accordingly allow foracquisition of nationality by stateless people.
WHAT DOES THE 1961 CONVENTION ASK STATES TO DO?-T

here are four main areas in which the 1961 Convention on the Reductionof Statelessness provides concrete and detailed safeguards to be implemented by States in order to prevent and reduce statelessness. UNHCR canoffer technical support to help States ensure that these safeguards are reflectedin their nationality legislation and practice.

>

Measures to avoid statelessness among children
Articles 1 to 4 principally concern the acquisition of nationality by children.
States shall grant their nationality to children who would otherwise be statelessand have ties with them through either birth in the territory or descent. As
a result, where children are born in the territory but acquire the nationalityof a foreign parent, there is no obligation to grant nationality. Nationality
shall either be granted at birth, by operation of law, or upon application. The
1961 Convention permits States to make the conferral of nationality subject
to certain conditions, such as habitual residence for a certain period of time.
Under Article 2, States shall grant nationality to foundlings (children foundon the territory).

>

Measures to avoid statelessness due to loss or renunciation of nationality
Articles 5 to 7 prevent statelessness in later life by requiring prior possession
or assurance of acquiring another nationality before a nationality can be lost or
renounced. Two exceptions to this rule are provided for: States may withdraw
nationality from naturalized persons who subsequently take up long-term residence abroad for more than seven consecutive years and from nationals who

4

PreventingandR e d u c i n g S t a t e l e ss n e sswere born abroad and are not resident in the State when they attain majority,
provided certain other conditions are met.

>

Measures to avoid statelessness due to deprivation of nationality
Articles 8 and 9 of the 1961 Convention deal with the deprivation of nationality. States may not deprive any person of their nationality on racial, ethnic,
religious or political grounds. Deprivation of nationality that results in statelessness is also prohibited, except where the individual obtained nationality by
misrepresentation or fraud. States may retain the right to deprive a person of
his or her nationality even if this leads to statelessness where he or she hascommitted acts inconsistent with the duty of loyalty to the State or has madean oath or formal declaration of allegiance to another State. In deciding whether
to deprive an individual of his or her nationality, the State should consider the
proportionality of this measure, taking into account the full circumstances of
the case. Due process guarantees need to be respected throughout the procedureregarding deprivation.

>

Measures to avoid statelessness in the context of State succession
State succession, such as the cession of territory by one State to another andthe creation of new States, can lead to statelessness unless proper safeguards
are in place. Avoidance of statelessness in such cases is essential to promotingsocial inclusion and stability. Article 10 addresses the specific context of State
succession and asks States to include provisions to ensure the prevention ofstatelessness in any treaty dealing with the transfer of territory. When no treaty
is concluded, the State(s) involved shall confer its/their nationality on those who
would otherwise be stateless as a result of the transfer of territory.
CDOES THE 1961 CONVENTION REQUIRE STATES TO ADOPT THE JUS SOLI DOES
DOES THE 1961 CONVENTION REQUIRE STATES TO ADOPT THE JUS SOLI DOCTRINE?-

No. The 1961 Convention does not compel States to confer nationality to
all children born on their soil (jus soli doctrine) or to all children bornto one of their nationals (jus sanguinis doctrine). It recognises the legitimacy ofboth birthplace and descent as criteria for acquisition of nationality at birth.
The Convention therefore contains safeguards to avoid statelessness based on
both doctrines. Where a child would otherwise be stateless and has a linkbased on birth on the territory or to a national, the 1961 Convention requires
States Parties to grant nationality. Such conferral of nationality may be madesubject to a number of additional conditions.

PreventingandR e d u c i n g S t a t e l e ss n e ss

5

IS THE 1961 CONVENTION THE ONLY INSTRUMENT RELEVANT
TO THE PREVENTION AND REDUCTION OF STATELESSNESS?

N

o. Many other international legal instruments, such as the Universal
Declaration of Human Rights, recognize the right to a nationality andhave an impact on how States should deal with the prevention and reductionof statelessness. Examples include:• Convention on the Elimination of All Forms of Racial Discrimination which
obliges States to guarantee the enjoyment of the right to a nationality without distinction as to race, colour or national or ethnic origin;• Convention on the Rights of the Child which affirms the right of every
child to acquire a nationality;• Convention on the Elimination of All Forms of Discrimination Against
Women which requires equality between men and women in respect ofacquisition, change and retention of nationality and the transmission ofnationality to children.

In addition, the 1954 Convention relating to the Status of Stateless Persons,besides providing for special protective measures for stateless persons, calls
upon States to facilitate naturalization in the context of resolving statelessness.

There are also relevant regional standards helping to prevent and reduce statelessness such as Article 6 of the African Charter on the Rights and Welfare of
the Child, Article 20 of the American Convention on Human Rights, Article 7of the Covenant on the Rights of the Child in Islam and a series of provisions in the European Convention on Nationality. Many States have therefore
already taken on important international obligations for the promotion of theright to a nationality. These obligations are complementary to those in the 1961
Convention. However, the 1961 Convention remains the only instrument offering common universal safeguards for the avoidance of statelessness. It thereby
addresses nationality problems which may occur within a specific region but
also those problems which require application of common rules by States indifferent regions.

6

PreventingandR e d u c i n g S t a t e l e ss n e ss

H OW U N H C R A SS I STS STAT E S
TO AVO I D STAT E L E SS N E SS

T

he UN General Assembly selected UNHCR for the task of assisting States
to avoid statelessness not only because refugee and statelessness problems
sometimes overlap, but also because dealing with statelessness requires, inmany ways, a similar approach to dealing with refugees. Both populations lackprotection.
UNHCR helps States to implement the 1961 Convention on the Reduction ofStatelessness by offering technical advice regarding legislation and operational
support to promote the implementation of measures to prevent and reducestatelessness. UNHCR’s global mandate on statelessness is reinforced by a specific duty conferred by Article 11 of the 1961 Convention: to assist individuals
who may benefit from the instrument’s provisions in presenting their claim
to the appropriate State authorities.

THE LINK WITH THE 1954 CONVENTIONR E L AT I N G TO T H E STAT U S
O F STAT E L E SS P E R SO N S

Even if they have acceded to and implemented the 1961 Convention on the
Reduction of Statelessness and other international legal standards relating
to the prevention and reduction of statelessness, States may still be confronted
with stateless individuals or groups. It is therefore vital that there are measuresin place to ensure the protection of stateless persons. The 1954 Convention
relating to the Status of Stateless Persons is the primary international instrument that aims to regulate and improve the status of stateless persons and toensure that they are accorded their fundamental rights and freedoms without
discrimination. Acceding to both the 1954 and 1961 Statelessness Conventions is a
key step to equip States to tackle statelessness. More detailed information about
the 1954 Convention can be found in Protecting the Rights of Stateless Persons –The 1954 Convention relating to the Status of Stateless Persons (UNHCR, 2014).

PreventingandR e d u c i n g S t a t e l e ss n e ss

7

T H E I M P O RTA N C E O F ACC E SS I O N
TO THE 1961 CONVENTION
Acceding to the 1961 Convention on the Reduction of Statelessness:

8•

Is a way for States to demonstrate their commitment to human rights
and humanitarian standards, including the right to a nationality•

Enables States to address gaps that result from different approaches to theattribution of nationality worldwide through the recognition of common
safeguards for the avoidance of statelessness, without impinging on States’
sovereignty to regulate nationality•

Boosts legal transparency and predictability in States’ response to the threatof statelessness through the promotion of common safeguards•

Provides States with the tools to avoid and resolve nationality-related disputes, thereby also improving international relations and stability•

Prevents displacement by promoting the enjoyment of the right to anationality•

Enhances national security and stability by avoiding exclusion and marginalisation resulting from statelessness•

Promotes enfranchisement and the full participation of individuals insociety•

Helps UNHCR to mobilise international support for the prevention andreduction of statelessness

PreventingandR e d u c i n g S t a t e l e ss n e ss

&

?

&
QUESTIONSANSWERSF R E Q U E N T LY A S K E D Q U E S T I O N SABOUT ACCESSION
Here are answers to some of the most frequently asked questions about accession to the 1961
Convention on the Reduction of Statelessness. Further questions and details are discussed in
Nationality and Statelessness: A Handbook for Parliamentarians (UNHCR and Inter-Parliamentary
Union, 2005, revised second edition forthcoming in 2014).
1961 Convention where this would result in

n Is the 1961 Convention relevant

statelessness. Moreover, as explained above,

for States that have safeguards foravoiding statelessness in place?

States may still allow for the loss or deprivationof nationality even if this leads to statelessness,

Many States have already adopted safeguards

in a limited number of circumstances and inin their nationality legislation in order to avoid

accordance with the further conditions outlined

statelessness. Even if this is the case, accedingin Articles 7 and 8 of the Convention.

to the 1961 Convention remains a valuable stepin tackling statelessness. It lets other countriesn Can a State adopt reservations

know that such safeguards are recognised byto the provisions of the 1961
Convention?

the State in question and it helps to promoteworldwide acceptance of these common

Yes. Reservations are permitted at the timeinternational standards.

of accession, but only concerning Article 11n Does the 1961 Convention(UNHCR’s role), 14 (referral of disputes to thecompel States to allow dual
nationality?

International Court of Justice) or 15 (territories
for which the Contracting State is responsible). In
accordance with Article 8, States can also adopt

No. States may continue to prohibit dual

a declaration at the time of accession whereby

nationality, as long as the laws and practices

they retain the right to deprive a person of his or

relating to the avoidance of dual nationality do

her nationality in certain limited circumstances.

not lead to statelessness. For example, a State
may still require an individual to renounce theirn What considerations areformer nationality upon naturalization in order
to avoid dual nationality. However, a State may
not allow a person to renounce their nationality
before they have gained possession or assuranceof acquiring another nationality.

Acceding to the 1961 Convention implies
a commitment to ensure that specificsafeguards are reflected in relevant domestic
legislation. This may mean adopting
modifications to nationality laws – a task
for which UNHCR can provide technicalassistance. Thereafter, implementation ofn Does the 1961 Convention

prohibit any withdrawal ofnationality?

No. The loss or deprivation of nationality
is only prohibited under the terms of thePreventing

involved in acceding to the 1961
Convention? Are there costs orreporting requirements?

andR e d u c i n g S t a t e l e ss n e ss

9This woman is a former Soviet citizen who came to Ukraine from the Southern Caucasus. She
had no valid documents but later was found to be a citizen of Georgia and obtained a passport.
Prevention of statelessness often requires examining whether a person falls under nationality laws of
one or more countries. Arrangements need to be in place to protect the rights of the individual until
such time as their nationality can be confirmed, or if they are found to be stateless.

the 1961 Convention is neither costly nor
labour intensive: for the most part thesafeguards are applied automatically, justlike many other provisions of nationality
laws. No expensive procedures or institutions
are required. The 1961 Convention does notprescribe any formal reporting obligationsfor States Parties. However, making
information on nationality laws available
to other States and UNHCR is an importantmeans of ensuring that the safeguards are
implemented correctly by all States Parties.

10

Preventing

andn How does a State accede to the1961 Convention?

States may accede to the 1961 Convention
at any time by depositing an instrument ofaccession with the Secretary-General of theUnited Nations. The instrument of accession
must be signed by the Foreign Minister orthe Head of State or Government. Further
details on accession procedures and model
instruments of accession can be found atwww.unhcr.org/statelessness.

R e d u c i n g S t a t e l e ss n e ss

I N T E R N AT I O N A L C A L L S F O R ACC E SS I O N

UNCHR /G. CONSTANTINEUN General Assembly: Welcomes pledges by States to accede to the statelessness
conventions, the 1954 Convention relating to the Status of Stateless Persons and the1961 Convention on the Reduction of Statelessness, as well as pledges to remove
reservations to them, also welcomes the recent increase in the number of accessions
to the two Conventions [...]• General Assembly Resolution 67/149, Office of the United Nations High Commissioner
for Refugees, 20 December 2012
UN Human Rights Council: Acknowledges that 2011 will mark the fiftieth anniversary of the Convention on the Reduction of Statelessness, and encourages Statesthat have not acceded to the Convention and the Convention relating to the Statusof Stateless Persons to consider doing so.
• Human Rights Council Resolution 13/02, Human rights and arbitrary deprivation ofnationality, 24 March 2010
UNHCR Executive Committee: Encourages States to give consideration to acceding
to the 1961 Convention on the Reduction of Statelessness and, in regard to States
Parties, to consider lifting reservations.
• Conclusion No. 106 (LVII) – 2006
Asian-African Legal Consultative Organization: Invites Member States to consider
the possibility of acceding to the 1954 Convention relating to the Status of Stateless
Persons and the 1961 Convention on the Reduction of Statelessness to address theplight of stateless persons in an effective way.
• Resolution on the Half-Day Special Meeting on “Legal Identity and Statelessness”,
8 April 2006
General Assembly of the Organization of American States: Resolves 1. To invite
those member states that have not yet done so to consider ratifying or acceding to,as the case may be, the international instruments in the area of stateless persons,and to promote the adoption of procedures and institutional mechanisms for theirapplication, in accordance with those instruments. 2. To emphasize the importanceof the international instruments for the protection of stateless persons and for theprevention and reduction of statelessness, and to urge member states to follow up on
the specific commitments entered into during the celebration of the 50th anniversaryof the Convention on the Reduction of Statelessness, with technical support from the
Office of the United Nations High Commission for Refugees (UNHCR).
• Resolution of the General Assembly, AG/RES. 2787 (XLIII-O/13), Prevention and Reduction of Statelessness and Protection of Stateless Persons in the Americas, 5 June 2013
PreventingandR e d u c i n g S t a t e l e ss n e ss

11

Annex 1

MODEL INSTRUMENT OF ACCESSION TO
THE CONVENTION ON THE REDUCTIONO F STAT E L E S S N E S S O F 1 9 6 1

WHEREAS a Convention on the Reduction of Statelessness was adopted by the
Conference of 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 4 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______ two
thousand and _______.
[Public Seal and Signature of custodian if appropriate][Signature of Head of State, Head of Government or Foreign Minister]

12

PreventingandR e d u c i n g S t a t e l e ss n e ss

A PERSONAL APPEALFROM THE UNITED
NATIONS HIGHCOMMISSIONERFOR REFUGEESA Nepalese boy from the marginalised
Dalit community rests next to his
grandfather. Disadvantaged communities
in Nepal have often faced multiple
obstacles to citizenship and theexercise of associated rights. For many
people around the world, statelessness
begins at birth, often because theparents themselves are stateless. The
1961 Convention on the Reduction ofStatelessness is designed to ensure thatevery child can acquire a nationality
and that statelessness is not transmitted
from one generation to another.

G. CONSTANTINE

Millions of people around the world
are stateless. This is a matter of grave
concern. The Convention on the Reduction of Statelessness is an important tool
for tackling the problem. Many States
already have legislation that is compliant
with the provisions of the Convention
and implementing it costs very little. Yet
few States are parties to this instrument.
We need to change that. I pledge the full
support of my Office to governments
wishing to become parties.

Cover :

I would like more information about:

UNHCR and its work on statelessness
Visit UNHCR’s statelessness website atwww.unhcr.org/statelessness. You can also
consult relevant Conclusions on International
Protection of UNHCR’s Executive Committee,
in particular Conclusion 106 on Identification,
Prevention and Reduction of Statelessness andProtection of Stateless Persons (2006).

International law relating to
the prevention and reduction ofstatelessness, including the 1961
Convention on the Reduction ofStatelessness
For a more detailed discussion of the 1961
Convention as well as other international
norms relating to the protection of statelesspersons, see Nationality and Statelessness: A
Handbook for Parliamentarians (UNHCR andInter-Parliamentary Union, 2005, revised
second edition forthcoming in 2014) and
UNHCR Guidelines on Statelessness on
Ensuring Every Child’s Right to Acquire a
Nationality through Articles 1-4 of the 1961
Convention on the Reduction of Statelessness.
To access these and other relevantinternational documents on statelessness, visit
UNHCR’s Refworld website at
http://www.refworld.org/statelessness.html

António Guterres

Published by:
UNHCR
P.O. Box 2500
1211 Geneva 2
Switzerland
UNHCR, January 2014

Preventing and Reducing

Statelessness
T h e 1961 Co nve ntio n o n th e Red u c tio n of Statele s s n e s s