Expert Meeting
Interpreting the 1961 Statelessness Convention and
Preventing Statelessness among Children
Summary Conclusions
Expert meeting convened by the Office of the United Nations High Commissioner for
Refugees and the Open Society Justice Initiative, Dakar, Senegal, 23-24 May 2011
The third in a series of expert meetings on statelessness, convened in the context of
the 50th anniversary of the 1961 Convention on the Reduction of Statelessness (1961
Convention), this event focused on interpreting Articles 1 to 4 of the 1961 Convention
and the safeguards contained therein for preventing statelessness, particularly among
children.1 Professor Gerard-René de Groot prepared a background paper for the
meeting. Thirty-three participants from eighteen countries with experience in
government, NGOs, academia, the judiciary, the legal profession and international
organizations contributed to the debate and conclusions.
The meeting discussed the grant of nationality to persons, particularly children, who
would otherwise be stateless and who are either born in the territory of a State or born
to a State’s nationals abroad. A significant part of the discussion examined when a
child, or person, is “otherwise stateless” for the purposes of the Convention. The
discussion also addressed the grant of nationality to foundlings and the extension of
the territorial scope of the Convention to ships and planes flying the flag of the State
party concerned. Throughout the meeting, participants looked at the obligations arising
under the 1961 Convention in light of universal and regional human rights treaties. The
following summary conclusions do not necessarily represent the individual views of
participants or those of UNHCR, but reflect broadly the key understandings and
recommendations that emerged from the discussion.
1
UNHCR has convened a series of expert meetings on statelessness doctrine in the context of the 50th
anniversary of the 1961 Convention on the Reduction of Statelessness. The discussions are in
preparation for the drafting of guidelines under UNHCR’s statelessness mandate on the following five
issues: (i) the definition of a “stateless person” in Article 1(1) of the 1954 Convention relating to the
Status of Stateless Persons; (ii) the concept of de facto statelessness; (iii) procedures for determining
whether a person is stateless; (iv) the status (in terms of rights and obligations) to be accorded to
stateless persons under national law; and (v) the scope of international legal safeguards for preventing
statelessness among children or at birth.