full an account of his or her position as possible and to submit all evidence reasonably
available to him or her. A Contracting State should also obtain and present all evidence
reasonably available to it to relevant decisionmakers to facilitate an objective
determination of whether the person would be rendered stateless.44
Exceptions to the general prohibition of deprivation of nationality where it
would render a person stateless
Articles 8(2) and 8(3) of the 1961 Convention provide for exceptions to the general
prohibition of deprivation of nationality where it would result in statelessness under
Article 8(1) of the 1961 Convention. Under Article 8(2) of the 1961 Convention,
“[n]otwithstanding the provisions of paragraph 1 of this Article, a person may be
deprived of the nationality of a Contracting State: (a) in the circumstances in which,
under paragraphs 4 and 5 of Article 7, it is permissible that a person should lose his
nationality; (b) where the nationality has been obtained by misrepresentation or fraud.”
These provisions employ restrictive language and, as exceptions to a general rule,
they are to be interpreted narrowly. They should also be read in line with States’
international human rights obligations as set out in Part III of these Guidelines.
Article 8(3) provides as follows.
“Notwithstanding the provisions of paragraph 1 of this Article, a Contracting
State may retain the right to deprive a person of his nationality, if at the time of
signature, ratification or accession it specifies its retention of such right on one
or more of the following grounds, being grounds existing in its national law at
that time:
(a) that, inconsistently with his duty of loyalty to the Contracting State, the
person
(i) has, in disregard of an express prohibition by the Contracting
State rendered or continued to render services to, or received or
continued to receive emoluments from, another State, or
(ii) has conducted himself in a manner seriously prejudicial to the
vital interests of the State;
(b) that the person has taken an oath, or made a formal declaration of
allegiance to another State, or given definite evidence of his determination
to repudiate his allegiance to the Contracting State.”
Developments in international law and, more specifically, in international human
rights law, have further narrowed the scope of application of Articles 8(2) and 8(3) of
the 1961 Convention, as discussed in Part III of these Guidelines.
44
UNHCR Handbook on Protection of Stateless Persons 2014, paras. 89-90.
UNHCR > GUIDELINES ON STATELESSNESS NO.5
15