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.” UNHCR > GUIDELINES ON STATELESSNESS NO.5 9

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