1961 CONVENTION ANNIVERSARY SYMPOSIUM
TAKING STOCK OF THE RELEVANCE AND IMPACT OF
THE 1961 CONVENTION ON THE REDUCTION OF
STATELESSNESS
MELANIE KHANNA* AND MARCELLA ROUWELER**
The 60th anniversary of the adoption of the 1961 Convention on the Reduction of
Statelessness (‘1961 Convention’) calls for reflection on the influence of this
important treaty over time, as well as the challenges that remain when it comes to
realising the right of all persons to a nationality. 1 Sixty years is a relatively short
period in human affairs; there are, after all, many people alive today who are much
older than the 1961 Convention. Yet, the past 60 years seems to have been a
significant period if we consider how much evolution there has been in the basic
acceptance of the notion that nationality matters constitute an appropriate area for
multilateral regulation and cooperation (this is consistent with the
contemporaneous shift in the international consensus concerning the right balance
between the rights of the individual and those of the state). At the same time,
significant and somewhat telling gaps remain in the full acceptance and
appropriate application of the 1961 Convention.
To begin with, it bears note that during the period when the 1961 Convention
was open for physical signature at the United Nations a paltry total of five states
signed it.2 Moreover, of these five, a full three — France, Israel and the Dominican
Republic — decided not to become party to it after all. In fact, in the entire decade
of the 1960s, only two states became party to the 1961 Convention — the United
Kingdom and Sweden. In the following two decades, the number of states parties
increased only marginally: as of 1990, for example, there were some 15 parties to
the treaty. Consequently, anyone taking the measure of the 1961 Convention in
the early 1990s would likely have concluded that the international community
simply failed to devise a treaty that would attract many ratifications yet be robust
enough to make a real difference — the balance a British delegate to the
conference that adopted the treaty astutely described as the goal of the
negotiations.3 Halfway through its current lifespan, the treaty would have seemed
virtually dead in the water as a result of it having been too far reaching and robust
and, therefore, simply too controversial to attract more than a handful of states as
adherents.
*
**
1
2
3
Melanie J Khanna served as Chief of the United Nations High Commissioner for Refugees
(‘UNHCR’)’s Statelessness Section from 2015–21. The views expressed herein are those of
the authors and do not necessarily reflect those of the UNHCR or the United Nations.
Marcella Rouweler is a Legal Officer in the UNHCR’s Statelessness Section.
Convention on the Reduction of Statelessness, opened for signature 30 August 1961, 989
UNTS 175 (entered into force 13 December 1975) (‘1961 Convention’).
The Dominican Republic, France, Israel, the Netherlands, the United Kingdom of Britain and
Northern Ireland. See ‘4. Convention on the Reduction of Statelessness’, United Nations
Treaty Collection (Web Page, 19 April 2022) <https://treaties.un.org/pages/
ViewDetails.aspx?src=TREATY&mtdsg_no=V-4&chapter=5> (‘UNTC 1961 Convention Page’).
United Nations Conference on the Elimination or Reduction of Future Statelessness, Summary
Record of the Second Plenary Meeting, UN Doc A/CONF.9/SR.2 (24 April 1961) 2 (Mr
Ross).