2016]
The Prevention and Reduction of Statelessness in Australia
463
Although the original intention was to draft an instrument to eliminate
statelessness, this was considered too ambitious and the focus was instead
confined to the reduction of statelessness.34 Australia did not participate in
the drafting process, but it ratified the treaty without any reservations in 1973
(on the same day it ratified the 1954 Convention).35
The United Kingdom (‘UK’) representative at the Conference stated that
‘[t]he main cause of statelessness at birth was [said to be] the conflict between
jus soli [nationality based on where one is born] and jus sanguinis [nationality
based on one’s descent ---- eg, parents’ citizenship].’36 This tension lay at the
heart of the different approaches taken by states during the process of drafting
the 1961 Convention. For instance, the Swiss representative argued that while
it might be logical for immigration countries to grant nationality to every
child born on their soil, many ‘over-populated’ European states ‘could not,
without seriously affecting their political and social structures, assimilate
thousands of persons who had no real links with them and whose birth on
their soil was often fortuitous.’37 Furthermore, states ‘had to ensure that the
persons concerned were adapted to the habits, customs and mentality of
[their] nationals and that they would become good citizens.’38 A key challenge, therefore, ‘was to find a way for the jus sanguinis States to co-operate in
reducing future statelessness.’39
In addition, as had been previously expressed in the ILC, some states emphasized the internal jurisdiction aspects of nationality and their desire to
preserve their right to deprive someone of nationality in certain circumstances. Others argued that deprivation should not be used as a penalty, but
thought it was nonetheless appropriate that nationality only be granted where
34
Ibid 257. The Conference had before it two draft texts prepared by the ILC: one on the
elimination of statelessness; and another on the reduction of statelessness: Goodwin-Gill,
Introductory Note: Convention on the Reduction of Statelessness, above n 28, citing ‘Summary
Records of the Sixth Session (3 June -- 28 July 1954)’ [1954] I Yearbook of the International
Law Commission 1, 3--52; ‘Report of the International Law Commission to the General
Assembly’ [1954] II Yearbook of the International Law Commission 140, 141.
35
See UN Treaty Collection, 3. Convention Relating to the Status of Stateless Persons, 1
<https://treaties.un.org/doc/Publication/MTDSG/Volume%20I/Chapter%20V/V-3.en.pdf>.
This was two years before the 1961 Convention attracted the requisite number of ratifications
to enter into force (on 13 December 1975).
36
UN Conference on the Elimination or Reduction of Future Statelessness, Summary Record of
the Second Plenary Meeting, UN GOAR, 2nd plen mtg, Agenda Item 7, UN Doc
A/CONF.9/SR.2 (24 April 1961) 3 (‘Summary Record of the Second Plenary Meeting’).
37
Ibid 6.
38
Ibid 7.
39
Ibid.