| The Contracting
States,
Acting in pursuance of resolution 896 (IX), adopted by
the General Assembly of the United Nations on 4 December 1954,
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. |
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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. |
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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. |
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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. |
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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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