the 1954 Convention, consistent with the Convention’s humanitarian object and purpose. It prevents persons who are acting in good faith from being left indefinitely in limbo with “undetermined nationality”, since in practice such persons are in exactly the same position protection-wise as persons found not to have a nationality.173 Point 2 above provides for an important exception to the general rule in point 1. As early as 1930, Article 14 of the Hague Convention on Certain Questions relating to the Conflict of Nationality Laws stipulated: A child whose parents are both unknown shall have the nationality of the country of birth. If the child's parentage is established, its nationality shall be determined by the rules applicable in cases where the parentage is known. A foundling is, until the contrary is proved, presumed to have been born on the territory of the State in which it was found. Similarly, Article 2 of the 1961 Convention on the Reduction of Statelessness provides: 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. In other words, in the absence of proof to the contrary, foundlings should be presumed to have the nationality of the State in whose territory they are found.174 This is the position taken in the nationality legislation of many States, including those which have never been party to the abovementioned instruments. Determination of nationality by UNHCR It has sometimes been suggested that UNHCR does not have the authority to make determinations of statelessness, since States alone determine who are their citizens.175 While it is, of course, true to say that States alone determine who are their citizens – in the sense that each State has the sovereign right, subject to certain limitations imposed by international law, to decide upon whom it shall confer, or from whom it shall withdraw, its nationality – it does not follow that UNHCR does not have the authority to determine whether an individual has a particular nationality or is stateless. On the contrary, as part of the process of conducting refugee status determination (RSD) under the Office’s mandate, 173 174 175 Although not exactly the same point, note also the Handbook on Procedures and Criteria for Determining Refugee Status, op. cit., para. 89: “Where his nationality cannot be clearly established, [the applicant’s] refugee status should be determined in a similar manner to that of a stateless person, i.e. instead of the country of his nationality, the country of his former habitual residence will have to be taken into account.” See also Article 6(1) of the European Convention on Nationality: “Each State Party shall provide in its internal law for its nationality to be acquired ex lege by the following persons: (a) … (b) foundlings found in its territory who would otherwise be stateless.” See, for example, UNHCR, “Guidelines: Field Office Activities Concerning Statelessness”, op. cit., para. 21: “UNHCR does not have either the authority or the expertise to make declarations on nationality status or independently to issue documentation attesting to nationality status. States alone determine who are their citizens.” See also UNHCR, “Progress Report on UNHCR Activities in the Field of Statelessness”, E/49/SC/CRP.15, 4 June 1999, para. 13: “UNHCR, as the body responsible for providing technical and advisory services on nationality principles in international law, can assist efforts to determine nationality status. However, the determination as to whether an individual does or does not have the nationality of a given State ultimately rests with the State, as is stipulated by international law. If States do not or cannot make this determination, an individual’s status will remain unclear.” 51