complete its work in New York in August 1961, the result of which was the 1961 Convention
on the Reduction of Statelessness.80
Broadly speaking, the 1961 Convention establishes a set of rules according to which a person
is entitled to acquire the nationality of a Contracting State, or not to be deprived of the
nationality of a Contracting State, if he or she would otherwise be stateless. The rules with
regard to the acquisition of nationality strike a balance between the obligations to be
undertaken by jus soli and jus sanguinis countries: persons who would otherwise be stateless
should acquire nationality through the subsidiary application of jus soli in jus sanguinis
countries and, where this would not lead to acquisition of nationality, by the application of
jus sanguinis by jus soli countries.81 Thus, acquisition of the nationality of a Contracting
State by a person who would otherwise be stateless requires a link by birth or descent with
the State concerned.
The 1961 Convention itself does not define the term “stateless”. However, Resolution No. I
of the Final Act of the Conference that drew up the Convention recommends that
persons who are stateless de facto should as far as possible be treated as stateless de jure to enable them
to acquire an effective nationality.
This implies that the Convention is legally binding with respect to de jure statelessness only.
The Resolution was introduced as a humanitarian measure by Belgium, with the strong
support of UNHCR, both of whom were primarily concerned with ensuring that the children
of refugees should be able to acquire the nationality of the country of refuge. As Dr. Paul
Weis said at the Conference on behalf of UNHCR:
The scope of the provisions of the Convention […] was not clearly defined, since their application
depended on the fact that the persons concerned would otherwise be stateless. Very often it was difficult
to determine a person’s nationality or lack of nationality. Similarly, the distinction between persons who
were stateless de jure and those who were stateless de facto was hard to determine. The international
instruments relating to refugees, be it the Statute of the Office of the United Nations High Commissioner
for Refugees or the Convention relating to the Statute of Refugees, did not distinguish between those
who were considered de jure or de facto stateless.
To enable the refugees within the competence of the United Nations High Commissioner and,
particularly, those refugees’ children, to benefit from the provisions of the Convention, it was desirable
that the term “statelessness” should be interpreted as broadly as possible and, consequently, that persons
who were stateless de facto should be regarded as stateless de jure.
That was why the Office of the United Nations High Commissioner, prompted by the desire that the
application of the Convention should enable as many persons as possible to acquire an effective
nationality, was very anxious to see the Conference support the draft resolution which had been
submitted to it.82
80
81
82
For a summary of the drafting history of the 1961 Convention, see Paul Weis, “The United Nations
Convention on the Reduction of Statelessness, 1961”, International and Comparative Law Quarterly, Vol.
11 October 1962, pp. 1073 – 1096.
Paul Weis, “The United Nations Convention on the Reduction of Statelessness, 1961”, International and
Comparative Law Quarterly, Vol. 11 October 1962, p. 1082.
Summary Record of the Conference’s Twenty-Third Plenary Meeting on 25 August 1961,
A/CONF.9/SR.23, pp. 13 - 4. See also A/CONF.9/11, “Observations transmitted by the United Nations
High Commissioner for Refugees”, 30 June 1961, para. 7: “The United Nations High Commissioner hopes
that persons who are refugees within his mandate and who are de jure or de facto stateless, as well as
persons who derive their nationality from such persons, will be enabled to benefit equally from the
provisions of the Convention on the Reduction of Future Statelessness.”
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