Indeed, even though the national legal system contains provisions to prevent statelessness, the rules are not always
apparent to persons who could make use of them. This viewpoint has for example been voiced by a member of
the Bhutanese culture organization, who was not aware of the entitlement to acquire nationality if a child born in
Denmark is otherwise stateless. Most of the Bhutanese who arrived to Denmark up to 2012 were illiterate and it was
difficult for them to find the necessary information on the internet. According to the organization, it is not enough
to disseminate information at the language schools. Many Bhutanese had difficulties in understanding general
information. In the organization’s opinion, information should be provided by the municipality, the ‘accompanying
group’ or a ‘spokesperson’. This way, this population would be better informed on the option to obtain nationality
for their children.
Given that Article 12 in the 1961 Convention expressly provides that States Parties’ obligations under Articles 1
and 4 are to be retroactive, the establishment of a cut-off age for stateless persons born in Denmark to apply for
Danish nationality – where such persons may have been kept in ignorance of their rights under Article 1 or 4 – is
not permitted under the 1961 Convention.
4.2.1.1.4 Political concern with regard to convention obligations and 2018 dialogue with UNHCR274
What has caused some concern in relation to the naturalization of persons born stateless in Denmark is the 1961
Convention’s conduct requirements. According to the Convention, a state may require that a stateless applicant
has not been convicted of an offence against national security and not been sentenced to imprisonment for a
term of five years or more on a criminal charge. Several politicians in the Danish Parliament are critical of the
requirements in Article 1(2), which they consider “out of date”275.
The Danish Security and Intelligence Service has three times, in the years 2011 – 2013, informed the Minister of
Justice that among the applicants listed in a biannual naturalization bill was a Danish-born stateless applicant who
might be a danger to national security without fulfilling these requirements. For cases not pertaining to stateless
persons, the general rule is that, if the Security and Intelligence Service considers an applicant a possible security
threat, that person is removed from the naturalization bill and excluded from naturalization for a period of normally
five years, as provided in Section 21 of the Naturalization Circular.
The political parties in Parliament were divided when debating the three naturalization bills, which included a
Danish-born stateless person who was considered a possible security risk. One political party decided to vote
against the adoption of the bills; others wanted to refuse the application for naturalization.276A majority in Parliament
has asked the Government to re-negotiate the interpretation or the content of Article 1(2) of the 1961 Convention.
Still, in the three concrete cases, a parliamentary majority voted for acting in accordance with the 1961 Convention,
and the three stateless applicants have acquired Danish nationality by naturalization.
Related questions on the interpretation of the 1961 Convention have been debated. One is whether it is in
accordance with the 1961 Convention to require that Danish-born stateless applicants make a solemn declaration
confirming that they have not been found guilty of a crime against the state and have not been sentenced to
imprisonment for five years or more.277
In early 2018, the Government of Denmark reached out to UNHCR to start a dialogue on the interpretation of
the 1961 Convention with regard to stateless applicants for Danish citizenship who at the time of application are
charged or indicted for serious crimes or assessed as a potential threat to national security.
274
This section was drafted by UNHCR
275
Article 1(2)(c) of the 1961 Convention reads “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” in order to be eligible to acquire nationality
through application in accordance with the Convention.
276
See for instance the parliamentary debate of bill L 11 (2011-2012) accessible at http://www.ft.dk/samling/20111/lovforslag/l11/index.htm.
277
This is a requirement for naturalization in Danish practice.
UNHCR Representation for the Nordic and Baltic Countries
67
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