1961 CONVENTION ANNIVERSARY SYMPOSIUM THE 1961 CONVENTION ON THE REDUCTION OF STATELESSNESS: HISTORY, EVOLUTION AND RELEVANCE MICHELLE FOSTER* TABLE OF CONTENTS A Brief History ...................................................................................................... 188 A Why Was a Treaty Needed to Reduce Statelessness? ............................... 189 B How was the 1961 Convention Negotiated? ............................................. 189 Overview of the 1961 Convention ......................................................................... 190 The 1961 Convention and International Human Rights Law Today ..................... 192 A BRIEF HISTORY At the conclusion of WWII, millions of people were displaced across Europe and many were stateless, that is, they were not recognised as nationals by any state.1 This was largely due to explicit denationalisation policies that had been employed as a form of persecution both pre- and during WWII.2 Recognising the urgent need to respond to this situation, the UN SecretaryGeneral undertook a study on statelessness, which was published in 1949 3 and, based on the findings of the study, established an Ad Hoc Committee to formulate a treaty that would both prevent statelessness and protect stateless persons.4 Yet, it was not until 1954 that the Convention on the Status of Stateless Persons was formulated5 — to protect stateless persons — and not until 1961 that the Convention on the Reduction of Statelessness (‘1961 Convention’) was concluded.6 * 1 2 3 4 5 6 Professor and Director of the Peter McMullin Centre on Statelessness, Melbourne Law School. This commentary is adapted from opening remarks delivered at the Peter McMullin Centre on Statelessness/UNHCR event entitled ‘60 Years On: The 1961 Convention on the Reduction of Statelessness’, held on 16 September 2021. <https://law.unimelb.edu.au/centres/statelessness/resources/webinars-and-podcasts/60years-on-the-1961-convention-on-the-reduction-of-statelessness>. Michelle Foster and Hélène Lambert, International Refugee Law and the Protection of Stateless Persons (Oxford University Press 2019) 25–26. ibid 18, 26. A Study of Statelessness, UN Doc E/1112; E/1112/Add.1 (August 1949). UN Economic and Social Council, A Study of Statelessness, UN Doc E/RES/248(IX) (8 December 1949, adopted 8 August 1949) 60. Convention relating to the Status of Stateless Persons, opened for signature 28 September 1954, 360 UNTS 117 (entered into force 6 June 1960) (‘1954 Convention’). Convention on the Reduction of Statelessness, opened for signature 30 August 1961, 989 UNTS 175 (entered into force 13 December 1975) (‘1961 Convention’).