Convention
on the Reduction of Statelessness, 989 U.N.T.S. 175, entered into
force Dec. 13, 1975.
Considering it desirable to reduce statelessness by international
agreement,
Have agreed as follows:
Article 1
1. A Contracting State shall grant its nationality to a person
born in its territory who would otherwise be stateless. Such nationality
shall be granted:
(a) At birth, by operation of law, or
(b) Upon an application being lodged with the appropriate authority,
by or on behalf of the person concerned, in the manner prescribed
by the national law. Subject to the provisions of paragraph 2
of this article, no such application may be rejected. A Contracting
State which provides for the grant of its nationality in accordance
with subparagraph (b) of this paragraph may also provide for the
grant of its nationality by operation of law at such age and subject
to such conditions as may be prescribed by the national law.
2. A Contracting State may make the grant of its nationality
in accordance with subparagraph (b) -of paragraph I of this article
subject to one or more of the following conditions:
(a) That the application is lodged during a period, fixed by
the Contracting State, beginning not later than at the age of
eighteen years and ending not earlier than at the age of twenty-one
years, so, however, that the person concerned shall be allowed
at least one year during which he may himself make the application
without having to obtain legal authorization to do so;
(b) That the person concerned has habitually resided in the territory
of the Contracting State for such period as may be fixed by that
State, not exceeding five years immediately preceding the lodging
of the application nor ten years in all;
(c) That the person concerned has neither been convicted of an
offence against national security nor has been sentenced to imprisonment
for a term of five years or more on a criminal charge;
(d) That the person concerned has always been stateless.
3. Notwithstanding the provisions of paragraphs I (b) and 2 of
this article, a child born in wedlock in the territory of a Contracting
State, whose mother has the nationality of that State, shall acquire
at birth that nationality if it otherwise would be stateless.
4. A Contracting State shall grant its nationality to a person
who would otherwise be stateless and who is unable to acquire
the nationality of the Contracting State in whose territory he
was born because he has passed the age for lodging his application
or has not fulfilled the required residence conditions, if the
nationality of one of his parents at the time of the person's
birth was that of the Contracting State first above-mentioned.
If his parents did not possess the same nationality at the time
of his birth, the question whether the nationality of the person
concerned should follow that of the father or that of the mother
shall be determined by the national law of such Contracting State.
If application for such nationality is required, the application
shall be made to the appropriate authority by or on behalf of
the applicant in the manner prescribed by the national law. Subject
to the provisions of paragraph 5 of this article, such application
shall not be refused.
5. The Contracting State may make the grant of its nationality
in accordance with the provisions of paragraph 4 of this article
subject to one or more of the following conditions:
(a) That the application is lodged before the applicant reaches
an age, being not less than twenty-three years, fixed by the Contracting
State;
(b) That the person concerned has habitually resided in the territory
of the Contracting State for such period immediately preceding
the lodging of the application, not exceeding three years, as
may be fixed by that State;
(c) That the person concerned has always been stateless.
Article 2
A foundling found in the territory of a Contracting State shall,
in the absence of proof to the contrary, be considered to have
been born within that territory of parents possessing the nationality
of that State.
Article 3
For the purpose of determining the obligations of Contracting
States under this Convention, birth on a ship or in an aircraft
shall be deemed to have taken place in the territory of the State
whose flag the ship flies or in the territory of the State in
which the aircraft is registered, as the case may be.
Article 4
1. A Contracting State shall grant its nationality to a person,
not born in the territory of a Contracting State, who would otherwise
be stateless, if the nationality of one of his parents at the
time of the person's birth was that of that State. If his parents
did not possess the same nationality at the time of his birth,
the question whether the nationality of the person concerned should
follow that of the father or that of the mother shall be determined
by the national law of such Contracting State. Nationality granted
in accordance with the provisions of this paragraph shall be granted:
(a) At birth, by operation of law, or
(b) Upon an application being lodged with the appropriate authority,
by or on behalf of the person concerned, in the manner prescribed
by the national law. Subject to the provisions of paragraph 2
of this article, no such application may be rejected.
2. A Contracting State may make the grant of its nationality
in accordance with the provisions of paragraph I of this article
subject to one or more of the following conditions:
(a) That the application is lodged before the applicant reaches
an age, being not less than twenty-three years, fixed by the Contracting
State;
(b) That the person concerned has habitually resided in the territory
of the Contracting State for such period immediately preceding
the lodging of the application, not exceeding three years, as
may be fixed by that State;
(c) That the person concerned has not been convicted of an offence
against national security;
(d) That the person concerned has always been stateless.
Article 5
1. If the law of a Contracting State entails loss of nationality
as a consequence of any change in the personal status of a person
such as marriage, termination of marriage, legitimation, recognition
or adoption, such loss shall be conditional upon possession or
acquisition of another nationality.
2. If, under the law of a Contracting State, a child born out
of wedlock loses the nationality of that State in consequence
of a recognition of affiliation, he shall be given an opportunity
to recover that nationality by written application to the appropriate
authority, and the conditions governing such application shall
not be more rigorous than those laid down in paragraph 2 of article
I of this Convention.
Article 6
If the law of a Contracting State provides for loss of its nationality
by a person' s spouse or children as a consequence of that person
losing or being deprived of that nationality, such loss shall
be conditional upon their possession or acquisition of another
nationality.
Article 7
1. (a) If the law of a Contracting State entails loss or renunciation
of nationality, such renunciation shall not result in loss of
nationality unless the person concerned possesses or acquires
another nationality;
(b) The provisions of subparagraph (a) of this paragraph shall
not apply where their application would be inconsistent with the
principles stated in articles 13 and 14 of the Universal Declaration
of Human Rights approved on 10 December 1948 by the General Assembly
of the United Nations.
2. A national of a Contracting State who seeks naturalization
in a foreign country shall not lose his nationality unless he
acquires or has been accorded assurance of acquiring the nationality
of that foreign country.
3. Subject to the provisions of paragraphs 4 and 5 of this article,
a national of a Contracting State shall not lose his nationality,
so as to become stateless, on the ground of departure, residence
abroad, failure to register or on any similar ground.
4. A naturalized person may lose his nationality on account of
residence abroad for a period, not less than seven consecutive
years, specified by the law of the Contracting State concerned
if he fails to declare to the appropriate authority his intention
to retain his nationality.
5. In the case of a national of a Contracting State, born outside
its territory, the law of that State may make the retention of
its nationality after the expiry of one year from his attaining
his majority conditional upon residence at that time in the territory
of the State or registration with the appropriate authority.
6. Except in the circumstances mentioned in this article, a person
shall not lose the nationality of a Contracting State, if such
loss would render him stateless, notwithstanding that such loss
is not expressly prohibited by any other provision of this Convention.
Article 8
1. A Contracting State shall not deprive a person of his nationality
if such deprivation would render him stateless.
2. Notwithstanding the provisions of paragraph 1 of this article,
a person may be deprived of the nationality of a Contracting State:
(a) In the circumstances in which, under paragraphs 4 and 5 of
article 7, it is permissible that a person should lose his nationality;
(b) Where the nationality has been obtained by misrepresentation
or fraud.
3. Notwithstanding the provisions of paragraph I of this article,
a Contracting State may retain the right to deprive a person of
his nationality, if at the time of signature, ratification or
accession it specifies its retention of such right on one or more
of the following grounds, being grounds existing in its national
law at that time:
(a) That, inconsistently with his duty of loyalty to the Contracting
State, the person:
(i) Has, in disregard of an express prohibition by the Contracting
State rendered or continued to render services to, or received
or continued to receive emoluments from, another State, or
(ii) Has conducted himself in a manner seriously prejudicial
to the vital interests of the State;
(b) That the person has taken an oath, or made a formal declaration,
of allegiance to another State, or given definite evidence of
his determination to repudiate his allegiance to the Contracting
State.
4. A Contracting State shall not exercise a power of deprivation
permitted by paragraphs 2 or 3 of this article except in accordance
with law, which shall provide for the person concerned the right
to a fair hearing by a court or other independent body.
Article 9
A Contracting State may not deprive any person or group of persons
of their nationality on racial, ethnic, religious or political
grounds.
Article 10
1. Every treaty between Contracting States providing for the
transfer of territory shall include provisions designed to secure
that no person shall become stateless as a result of the transfer.
A Contracting State shall use its best endeavours to secure that
any such treaty made by it with a State which is not a Party to
this Convention includes such provisions.
2. In the absence of such provisions a Contracting State to which
territory is transferred or which otherwise acquires territory
shall confer its nationality on such persons as would otherwise
become stateless as a result of the transfer or acquisition.
Article 11
The Contracting States shall promote the establishment within
the framework of the United Nations, as soon as may be after the
deposit of the sixth instrument of ratification or accession,
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.
Article 12
1. In relation to a Contracting State which does not, in accordance
with the provisions of paragraph I of article I or of article
4 of this Convention, grant its nationality at birth by operation
of law, the provisions of paragraph I of article I or of article
4, as the case may be, shall apply to persons born before as well
as to persons born after the entry into force of this Convention.
2. The provisions of paragraph 4 of article I of this Convention
shall apply to persons born before as well as to persons born
after its entry into force.
3. The provisions of article 2 of this Convention shall apply
only to foundlings found in the territory of a Contracting State
after the entry into force of the Convention for that State.
Article 13
This Convention shall not be construed as affecting any provisions
more conducive to the reduction of statelessness which may be
contained in the law of any Contracting State now or hereafter
in force, or may be contained in any other convention, treaty
or agreement now or hereafter in force between two or more Contracting
States..
Article 14
Any dispute between Contracting States concerning the interpretation
or application of this Convention which cannot be settled by other
means shall be submitted to the International Court of Justice
at the request of any one of the parties to the dispute.
Article 15
1. This Convention shall apply to all non-self-governing, trust,
colonial and other non-metropolitan territories for the international
relations of which any Contracting State is responsible; the Contracting
State concerned shall, subject to the provisions of paragraph
2 of this article, at the time of signature, ratification or accession,
declare the non-metropolitan territory or territories to which
the Convention shall apply ipso facto as a result of such signature,
ratification or accession.
2. In any case in which, for the purpose of nationality, a non-metropolitan
territory is not treated as one with the metropolitan territory,
or in any case in which the previous con sent of a non-metropolitan
territory is required by the constitutional laws or practices
of the Contracting State or of the non-metropolitan territory
for the application of the Convention to that territory, that
Contracting State shall endeavour to secure the needed consent
of the non-metropolitan territory within the period of twelve
months from the date of signature of the Convention by that Contracting
State, and when such consent has been obtained the Contracting
State shall notify the Secretary General of the United Nations.
This Convention shall apply to the territory or territories named
in such notification from the date of its receipt by the Secretary-General.
3. After the expiry of the twelve-month period mentioned in paragraph
2 of this article, the Contracting States concerned shall inform
the Secretary-General of the results of the consultations with
those non-metropolitan territories for whose international relations
they are responsible and whose consent to the application of this
Convention may have been withheld.
Article 16
1. This Convention shall be open for signature at the Headquarters
of the United Nations from 30 August 1961 to 31 May 1962.
2. This Convention shall be open for signature on behalf of:
(a) Any State Member of the United Nations;
(b) Any other State invited to attend the United Nations Conference
on the Elimination or Reduction of Future Statelessness;
(c) Any State to which an invitation to sign or to accede may
be addressed by the General Assembly of the United Nations.
3. This Convention shall be ratified and the instruments of ratification
shall be deposited with the Secretary-General of the United Nations.
4. This Convention shall be open for accession by the States
referred to in paragraph 2 of this article. Accession shall be
effected by the deposit of an instrument of accession with the
Secretary-General of the United Nations.
Article 17
1. At the time of signature, ratification or accession any State
may make a reservation in respect of articles 11, 14 or 15.
2. No other reservations to this Convention shall be admissible.
Article 18
1. This Convention shall enter into force two years after the
date of the deposit of the sixth instrument of ratification or
accession.
2. For each State ratifying or acceding to this Convention after
the deposit of the sixth instrument of ratification or accession,
it shall enter into force on the ninetieth day after the deposit
by such State of its instrument of ratification or accession or
on the date on which this Convention enters into force in accordance
with the provisions of paragraph I of this article, whichever
is the later.
Article 19
1. Any Contracting State may denounce this Convention at any
time by a written notification addressed to the Secretary-General
of the United Nations. Such denunciation shall take effect for
the Contracting State concerned one year after the date of its
receipt by the Secretary-General.
2. In cases where, in accordance with the provisions of article
15, this Convention has become applicable to a non-metropolitan
territory of a Contracting State, that State may at any time thereafter,
with the consent of the territory concerned, give notice to the
Secretary-General of the United-Nations denouncing this Convention
separately in respect to that territory. The denunciation shall
take effect one year after the date of the receipt of such notice
by the Secretary-General, who shall notify all other Contracting
States of such notice and the date of receipt thereof.
Article 20
1. The Secretary-General of the United Nations shall notify all
Members of the United Nations and the non-member States referred
to in article 16 of the following particulars:
(a) Signatures, ratifications and accessions under article 16;
(b) Reservations under article 17;
(c) The date upon which this Convention enters into force in
pursuance of article 18;
(d) Denunciations under article 19.
2. The Secretary-General of the United Nations shall, after the
deposit of the sixth instrument of ratification or accession at
the latest, bring to the attention of the General Assembly the
question of the establishment, in accordance with article 11,
of such a body as therein mentioned.
Article 21
This Convention shall be registered by the Secretary-General
of the United Nations on the date of its entry into force.
IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed
this Convention.
DONE at New York, this thirtieth day of August, one thousand
nine hundred and sixty-one, in a single copy, of which the Chinese,
English, French, Russian and Spanish texts are equally authentic
and which shall be deposited in the archives of the United Nations,
and certified copies of which shall be delivered by the Secretary-General
of the United Nations to all members of the United Nations and
to the non-member States referred to in article 16 of this Convention.
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