Relevance and Impact of the 1961 Convention
But international lawyers and other observers coming to such a conclusion
would have counted the 1961 Convention out too early, because a revitalisation
has come relatively recently. The vast majority of states that are party to it today
have joined since 2000, with some 40 states having joined since 2010. 4 What
accounts for this impressive acceleration? A number of factors seem relevant. One
is greater attention to statelessness issues in the 1990s due to the breakup of many
former states, most notably the former Soviet Union. Relatedly, the United
Nations High Commissioner for Refugees (‘UNHCR’) acquired, for the first time
in the mid-1990s, a specific mandate to promote adherence to the 1961
Convention, as well as a mandate to work on statelessness generally. Another is
greater acceptance of international human rights law generally, including rights
that limit state discretion in this field. It bears note that much of what we now think
of as international human rights law was negotiated and gained acceptance later
than 1961. This includes numerous treaties that specifically reference and seek to
protect the right to a nationality, including the International Covenant on Civil and
Political Rights (‘ICCPR’),5 the Convention on the Rights of the Child (‘CRC’), 6
the Convention on the Elimination of All Forms of Racial Discrimination,7 and the
Convention on the Elimination of All Forms of Discrimination against Women.8
Other developments that bear mention include the 2011 ministerial event that
UNHCR held to mark the 60th anniversary of the 1951 Convention Relating to the
Status of Refugees and the 50th anniversary of the 1961 Convention, where an
unprecedented number of states made pledges to become party to the 1961
Convention.9 Also critically important has been UNHCR’s #IBelong Campaign to
End Statelessness launched in 2014 (‘#IBelong Campaign’).10 The #IBelong
Campaign has bolstered advocacy efforts and strengthened partnerships with
states, civil society and UN human rights mechanisms, among others.
Today the 1961 Convention has 78 states parties.11 While not yet a majority of
states, the number will soon cross that important threshold. At the 2019 HighLevel Segment on Statelessness and Global Refugee Forum, a further 22 states
pledged to accede or consider acceding to the 1961 Convention by 2024.12 And so
from today’s vantage point, it becomes possible to conclude that the delegates at
the conference may have struck the right balance after all. For had it been less
ambitious, the differences the Convention has made would be less significant.
It is interesting in this regard to consider how many changes there have actually
been in nationality law frameworks in recent years. The UNHCR has kept track of
4
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6
7
8
9
10
11
12
ibid.
International Covenant on Civil and Political Rights, adopted 6 December 1966, 999 UNTS
171 (entered into force 23 March 1976) (‘ICCPR’).
Convention on the Rights of the Child, opened for signature 20 November 1990, 1577 UNTS
3 (entered into force 2 September 1990) (‘CRC’).
International Convention on the Elimination of All Forms of Racial Discrimination, adopted
7 March 1966, 660 UNTS 195 (entered into force 4 January 1969).
Convention on the Elimination of All Forms of Discrimination against Women, opened for
signature 18 December 1979, 1249 UNTS 13 (entered into force 11 August 1958).
Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS
150 (entered into force 22 April 1954).
More information on the #IBelong Campaign to End Statelessness can be found here:
<https://www.unhcr.org/ibelong/>.
‘UNTC 1961 Convention Page’ (n 2).
ibid. Belarus, Cabo Verde, Cameroon, Central African Republic, Comoros, Republic of
Congo, Democratic Republic of the Congo, Ghana, Kenya, Kyrgyzstan, Malawi, Mauritania,
Mexico, Namibia, Philippines, Somalia, South Sudan, Tajikistan, Turkey, Uganda, Zambia
and Zimbabwe.
195