I. INTRODUCTION A. Overview The object and purpose of the 1961 Convention on the Reduction of Statelessness (“1961 Convention”) is to prevent and reduce statelessness, thereby helping to ensure every individual’s fundamental right to a nationality.1 In line with this objective, the 1961 Convention establishes rules on acquisition, renunciation, loss and deprivation of nationality that are intended to minimize statelessness. These Guidelines are focused on Articles 5-9 of the 1961 Convention, which set standards on the permissibility of loss and deprivation of the nationality of a Contracting State. Articles 5-7 of the 1961 Convention pertain to loss of nationality and Article 8 pertains to deprivation of nationality. Article 9 categorically prohibits deprivation of nationality on certain discriminatory grounds. Contracting States are not permitted to make reservations to Articles 5-9 of the 1961 Convention.2 While not all States are party to the 1961 Convention, all States have obligations concerning loss and deprivation of nationality pursuant to the prohibition of arbitrary deprivation of nationality.3 All States also have certain relevant international human rights law obligations as discussed in Part III of these Guidelines. These Guidelines are primarily intended to assist States, UNHCR, and other actors to interpret and apply Articles 5-9 of the 1961 Convention. B. General considerations pertaining to the interpretation of the 1961 Convention Articles 5-9 of the 1961 Convention are to be interpreted in good faith and in accordance with the ordinary meaning of the terms used in their context and in light of the object and purpose of the 1961 Convention.4 Where relevant to questions of interpretation and application, reference will be made to the travaux preparatoires or drafting history of the 1961 Convention, as well as other treaties which contain supplementary or corresponding obligations to those within the 1961 Convention. Developments in customary international law relevant to the interpretation of the 1961 Convention will also be set out in these Guidelines. 1 The fundamental right to a nationality is set out in numerous international human rights instruments, including the Universal Declaration of Human Rights, Article 15. See paragraphs 86-90 below. 2 Convention on the Reduction of Statelessness, 989 UNTS 175, (1961 Convention), Article 17: “At the time of signature, ratification or accession any State may make a reservation in respect of Articles 11, 14 or 15. No other reservations to this Convention shall be admissible." 3 As will be outlined in Part III of these Guidelines, deprivation of nationality is arbitrary if it is not prescribed by law; is not the least intrusive means proportionate to achieving a legitimate aim; and/or takes place without due process. 4 Vienna Convention on the Law of Treaties, 1155 UNTS 331, Article 31. UNHCR > GUIDELINES ON STATELESSNESS NO.5 2

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