accordance with their national law and their obligations under the relevant international instruments in this
field, in particular where the child would otherwise be stateless.”167
Regional instruments, such as the 1997 European Convention on Nationality and the 2006 Convention on the
Avoidance of Statelessness in Relation to State Succession, are also relevant.
The obligations under the 1961 Convention to prevent and reduce statelessness are discussed in greater detail
below. National measures will be assessed against the relevant international standards to examine to what
extent domestic laws and practices are line with the Convention.
4.2 National legal framework
Norway was among the first group of states to accede to the 1961 Convention, having acceded without
reservation in 1971. The Convention entered into force on 13 December 1975.168 Norway is also a party to CERD,
the ICCPR,169 CEDAW170 the CRC, the 1997 European Convention of Nationality, the 2006 Council of Europe
Convention on the Avoidance of Statelessness in Relation to State Succession, and the ECHR.
The main statute governing Norwegian nationality is the Norwegian Nationality Act No. 51 of 2005 (Lov
om norsk statsborgerskap or statsborgerloven).171 The Nationality Act is read in conjunction with relevant
regulations, first and foremost the Regulation on the granting and loss of Norwegian nationality No. 756
of 2006 (Forskrift om erverv og tap av norsk statsborgerskap or statsborgerforskriften), which discusses the
social contract between a national and the state.172
Importantly, under Article 3 of the Nationality Act, the Act shall be applied subject to the limitations that
follow from agreements with other states and pursuant to all obligations under international law. This
is the sector monism that governs Norwegian immigration and nationality law. Although Article 3 of the
Nationality Act expressly requires that domestic law and practice in the area of immigration and nationality
reflect Norway’s obligations under international law, the majority of the provisions of both the 1954 and
1961 Conventions have not been codified in domestic law. This has resulted in a number of gaps, which are
identified below.
42
167
UN High Commissioner for Refugees (UNHCR), Guidelines on Statelessness No. 4: Ensuring Every Child’s Right to Acquire a
Nationality through Articles 1-4 of the 1961 Convention on the Reduction of Statelessness (UNHCR Guidelines on Statelessness
No. 4), 21 December 2012, HCR/GS/12/04, para 10, available at: http://www.refworld.org/docid/50d460c72.html
168
Norway acceded on 11 August 1971, see further information United Nations: Treaty Collection, available at: https://goo.gl/mf5roo.
169
The Convention entered into force as regards Norway on 6 August 1970.
170
The Convention entered into force as regards Norway on 21 May 1981.
171
Under Article 2, the Norwegian Nationality Act is implemented by the Government; the Ministry of Children, Equality, and Social
Inclusion; the Immigration Appeals Board; UDI; the police; and Norwegian foreign missions.
172
Ot.Prp. nr. 41, 2004-2005 p. 21.
M A P P I N G STAT E L E S S N E S S I N N O RWAY