Part I. Introduction and Context
in the 1954 Convention, which is provided by Article 32 in the form of facilitated
acquisition of nationality through naturalization.
The 1961 Convention – the other treaty on statelessness – aims to reduce statelessness
and is important in its consolidation of different principles relating to nationality, such
as non-discrimination131, the rights of children and the avoidance of statelessness.
Even though this treaty’s influence has been limited because of a rather low number
of ratifications for years, the number of states parties to this convention has been
increasing in the 21st century.132 The 1961 Convention is only applicable when there is a
risk of statelessness133, even though there is no clarification anywhere in the text of the
convention as to what that means. Nonetheless, the defi nition of statelessness in the 1954
Convention is presumed by the 1961 Convention.134 Substantively, the 1961 Convention
contains a number of provisions concerning the prevention of statelessness in different
circumstances: at birth – where a child fails to acquire the nationality of any state;
later in life – when a person loses, renounces or is deprived of his or her nationality;
in the context of state succession.135 To be more specific: Articles 1–4 of the 1961
Convention are clearly focused on preventing and solving childhood statelessness136,
whereas Articles 5–9 are concerned with preventing statelessness in cases of loss and
deprivation of nationality, with Article 9 specifically containing the principle of nondiscrimination.137 Moreover, Article 10 of the 1961 Convention deals with preventing
statelessness in the context of state succession.
There is no judicial body that oversees the implementation of the three UN treaties
that were discussed above – the 1951 Convention, the 1954 Convention and the 1961
Convention.138 However, the Office of the United Nations High Commissioner for
Refugees (UNCHR) has a role with regard to refugees and stateless people under these
treaties. According to its 1950 Statute, UNHCR originally only had a mandate to address
the situation of stateless refugees.139 Indeed, “UNHCR’s supervisory responsibility
is [considered] an integral and inherent part of its international refugee protection
131
132
133
134
135
136
137
138
139
32
Art 9 1961 Convention.
Cf Mark Manly & Santhosh Persaud, ‘UNHCR and Responses to Statelessness’ (2009) 32 Forced
Migration Review 7.
With the exception of Art 9 of the 1961 Convention, which is a general norm, and reads as follows:
“A Contracting State may not deprive any person or group of persons of their nationality on racial,
ethnic, religious or political grounds”.
Carol A Batchelor, ‘Stateless Persons: Some Gaps in International Protection’ (1995) 7 International
Journal of Refugee Law 232.
Laura van Waas, Nationality Matters. Statelessness under International Law (School of Human Rights
Research Series, Vol 29; Intersentia 2008) 44.
Cf 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’ (2012) HCR/GS/12/04.
See also UNCHR, ‘Expert Meeting: Interpreting the 1961 Statelessness Convention and Avoiding
Statelessness resulting from Loss and Deprivation of Nationality (“Tunis Conclusions”)’ (2014)
<https://www.refworld.org/docid/533a754b4.html> accessed 4 September 2021.
The 1954 Convention and the 1961 Convention together are also referred to as ‘Statelessness
Conventions’.
UNGA Res 428 (Fift h Session, 14 December 1950) 46.
Intersentia
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