Australia’s International Obligations
11
The 1954 Convention relating to the Status of Stateless Persons (1954 Convention) and the
1961 Convention on the Reduction of Statelessness (1961 Convention) are the two key
international instruments that address the issue of statelessness. The 1954 Convention
defines statelessness and establishes a protection framework for stateless individuals. The
1961 Convention requires states to establish safeguards aimed at reducing and preventing
statelessness.
12
Australia has ratified both the 1954 Convention and the 1961 Convention, and has not made
any reservations.25
13
Australia is also party to several international agreements that ensure the right to nationality
and protect the rights of stateless persons. These include:
13.1
13.2
13.3
13.4
13.5
The International Covenant on Civil and Political Rights (ICCPR).26
Article 24(3) provides that every child has the right to acquire a nationality.
The International Convention on the Elimination of All Forms of Racial
Discrimination (ICERD).27
Article 5(d)(iii) provides that States Parties undertake to prohibit and eliminate
racial discrimination in all its forms and to guarantee equality before the law in
the enjoyment of the right to nationality.
The Elimination of All Forms of Discrimination against Women (CEDAW).28
Article 9 provides that parties shall grant women equal rights with men to
acquire, change or retain their nationality and with respect to the nationality of
their children.
The Convention on the Rights of the Child (CRC).29.
Articles 7 and 8 provide that a child will have the right, from birth, to acquire and
preserve their nationality.
The Convention on the Rights of Persons with Disabilities (CRPD).30
Article 18 provides that persons with disabilities have the right to acquire and
change nationality and must not be deprived of their nationality arbitrarily or on
the basis of disability.
25
Convention Relating to the Status of Stateless Persons, opened for signature 28 September 1954, 360 UNTS 117 (entered into force 6
June 1960); Convention on the Reduction of Statelessness, opened for signature 30 August 1961, 989 UNTS 175 (entered into force 13
December 1975).
26 International Covenant on Civil and Political Rights, opened for signature 16 December 1966, 999 UNTS 171 (entered into force 23
March 1976. Australia ratified the ICCPR on 13 August 1980: UN Treaty Collection, Chapter IV, 4. International Covenant on Civil and
Political Rights, 1 <https://treaties.un.org/doc/Publication/MTDSG/Volume%20I/Chapter%20IV/IV-4.en.pdf>.
27 International Convention on the Elimination of All Forms of Racial Discrimination, opened for signature 7 March 1966, 600 UNTS 195
(entered into force 4 January 1969). Australia ratified the ICERD on 30 September 1975: UN Treaty Collection, Chapter IV, 2. Convention on
the Elimination of All Forms of Racial Discrimination, 1 <https://treaties.un.org/doc/Publication/MTDSG/Volume%20I/Chapter%20IV/IV2.en.pdf>.
28 Convention on the Elimination of All Forms of Discrimination against Women, opened for signature 18 December 1979, 1249 UNTS 13
(entered into force 3 September 1981). Australia ratified the CEDAW on 28 July 1983: UN Treaty Collection, Chapter IV, 8. Convention on
the Elimination of All Forms of Discrimination against Women, 1
<https://treaties.un.org/doc/Publication/MTDSG/Volume%20I/Chapter%20IV/IV-8.en.pdf>.
29 Convention on the Rights of the Child, opened for signature 20 November 1989, 1577 UNTS 3 (entered into force 2 September 1990).
Australia ratified the CRC on 17 December 1990: UN Treaty Collection, Chapter IV, 11. Convention on the Rights of the Child, 1
<https://treaties.un.org/doc/Publication/MTDSG/Volume%20I/Chapter%20IV/IV-11.en.pdf>.
30 Convention on the Rights of Persons with Disabilities, opened for signature 30 March 2007, 2515 UNTS 3 (entered into force 3 May
2008). Australia ratified the CRPD on 17 July 2008: UN Treaty Collection, Chapter IV, 15. Convention of the Rights of Persons with
Disabilities, 1 <https://treaties.un.org/doc/Publication/MTDSG/Volume%20I/Chapter%20IV/IV-15.en.pdf>.
4