Renunciation of nationality (1961 Convention, Article 7(1))
Pursuant to Article 7(1)(a) of the 1961 Convention, loss of nationality is permitted
where a person voluntarily renounces nationality in accordance with the law of a
Contracting State only where “the person concerned possesses or acquires another
nationality.”24 Under Article 7(1)(b) of the 1961 Convention, Article 7(1)(a) does not
apply in situations where it would be “inconsistent with the principles stated in Articles
13 and 14 of the Universal Declaration on Human Rights.” These provisions of the
UDHR set out the rights to freedom of movement and residence within the borders of
each State; to leave any country; to return to one’s own country; and to seek and enjoy
asylum from persecution in other countries.25 States may not in any event make the
enjoyment of the rights set out in Articles 13 and 14 of the UDHR conditional upon
renunciation of nationality.26 Article 7(1)(b) is therefore of very limited relevance to
Contracting States.27
Paragraphs 25-27 below provide guidance with respect to renunciation of
nationality in the context of acquisition of another nationality by naturalization.
Naturalization in a foreign country (1961 Convention, Article 7(2))
Article 7(2) of the 1961 Convention provides that “[a] national of a Contracting
State who seeks naturalization in a foreign country shall not lose his nationality unless
he acquires or has been accorded assurance of acquiring the nationality of that foreign
country.”28 According to Resolution II of the Final Act of the 1961 Convention, a
“naturalized person” refers to a person who has acquired nationality upon an
application which the State concerned has the discretion to refuse. This is to be
distinguished from situations of persons who automatically acquire more than one
nationality at birth.
Naturalization procedures often require the renunciation of existing nationality
before a new citizenship may be acquired through naturalization. If the national of a
Contracting State needs to renounce the nationality of that Contracting State in order
24
See paragraphs 80-83 below. See also Human Rights Council, Human rights and arbitrary deprivation of
nationality: Report of the Secretary-General, 19 December 2013, A/HRC/25/28, para. 9: “States are increasingly
accepting the legitimacy of dual nationality, such that nationality laws are becoming more tolerant of their
nationals voluntarily acquiring a new nationality. Nevertheless, this ground for loss or deprivation of nationality
remains commonplace.”
25 UN Conference on the Elimination or Reduction of Future Statelessness, Summary Records, 10th Plenary
Meeting, 24 April 1961, A/CONF.9/SR.10, pp. 8-12. The travaux preparatoires for the 1961 Convention show that
reference was made to the Universal Declaration on Human Rights in the context of a situation where a person
loses their nationality voluntarily. Such a person ought to still be able to avail themselves of protection in another
State.
26 See paragraphs 119-121 below.
27 International Covenant on Civil and Political Rights 999 UNTS 171 (ICCPR), Article 12(2). Article 7(1)(b) of the
1961 Convention is exceedingly unlikely to be relevant to Contracting States which are party to the ICCPR, which
post-dates the 1961 Convention and provides in Article 12(2) that “[e]veryone shall be free to leave any country,
including his own.”
28 Universal Declaration of Human Rights, UNGA Res. 217 A(III) (UDHR), Article 15(2): “No one shall be …
denied the right to change his nationality.”
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