territory at the time of the State succession and who have or would become
stateless as a result of State succession.”
Paragraph one of Article 8 considers the situation in which it is impossible or
very difficult for a person to fulfill the standard requirements of proof to meet the
conditions for the acquisition of nationality. In some cases, it might be impossible
for a person to provide full documentary proof of his/her descent if, for example,
the archives of the civil registry have been destroyed. It might be impossible to
provide documentary proof of the place of residence in cases where the place
of residence was not registered. This provision also covers situations where it
might be feasible for a person to provide proof but it would be unreasonable to
demand such proof, for example, if providing proof would put the applicant’s life
or health in danger. Circumstances that make it difficult to provide proof are
not always directly linked to the event of State succession. They may be the
consequences of an event that occurred before or after the succession, for
example, when, under the regime of the predecessor state, the civil registry
was destroyed or essential documents were not issued to a certain segment
of the population. In all these instances, a high probability of proof and/or
independent testimony shall be sufficient for fulfilling the conditions to acquire
the nationality of a successor State.
Paragraph two of Article 8 is only relevant when the predecessor State has
disappeared and all persons possessing the nationality of that State have
lost that nationality as an automatic consequence of the State’s dissolution. If
the new successor State prevents or reduces the number of multiple nationalities,
the State might require proof from the person concerned that he/she has
not acquired another nationality or that he/she is stateless. The requirement
to prove that a person does not possess another nationality or is stateless is
often impossible to fulfil, since it depends upon the cooperation of other States.
If there is a risk that the person concerned might become stateless as a result
of State succession, the successor State should not require proof that the person
concerned does not have another nationality or that the person is stateless
before granting that person citizenship. This rule is based on the predominant
view that preventing statelessness is the primary concern of the international
community, while the acceptance or rejection of multiple nationalities is a
matter to be decided by each individual State.
These provisions do not prevent a State that wants to reduce the number of
multiple nationalities in its territory from cooperating with other States and
exchanging information on the acquisition and loss of nationality. Multiple
nationalities may be countered through the provision on non-recognition of
another nationality found in the 1930 Hague Convention on Certain Questions
Relating to the Conflict of Nationality Laws and through Article 7.1.a of the
European Convention, which sets out the possibility of automatic loss of nationality
when a person voluntarily acquires another nationality. A State may also
ask the individual concerned to make a written statement declaring that
he/she does not and will not possess another nationality. That will enable the
State to annul its own citizenship if/when it is later discovered that the person
concerned has made a false declaration.
36
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