the time.11 Accordingly, under Articles 7(3), 7(6) and 8(1) of the 1961 Convention,
there is a general prohibition of loss or deprivation of nationality where it would result
in statelessness. Narrow exceptions to this prohibition are provided for in Articles 7(4),
7(5), 8(2) and 8(3).
Under Articles 5-7 of the 1961 Convention, loss of nationality that will not result in
statelessness is permitted on a number of grounds discussed in detail in Part II of
these Guidelines, including change in the personal status of a person, voluntary
renunciation of nationality, or naturalization in a foreign country. Loss of nationality
that would result in statelessness is however only permitted in very limited
circumstances relating, as a general matter, to residence abroad for substantial
periods by naturalized persons or persons born abroad. Even in those cases, loss of
nationality resulting in statelessness is permitted only where such persons do not
conform to requirements that may be prescribed in law allowing retention of nationality
in these special circumstances.
Under Article 8 of the 1961 Convention, deprivation of nationality that would result
in statelessness is strictly circumscribed. Under Article 8(2), such deprivation of
nationality is only permissible a) on the same limited grounds on which loss of
nationality resulting in statelessness is permitted under Articles 7(4) and 7(5); or b)
misrepresentation or fraud in the process of acquisition of nationality. In addition to
these two grounds, a Contracting State may make a declaration pursuant to Article
8(3) of the 1961 Convention expressly retaining the right to deprive a person of their
nationality on one or more of the bases set out in that Article, provided these grounds
exist in its national law at the time. The bases for deprivation of nationality in Article
8(3) relate to certain types of behaviour inconsistent with the duty of loyalty to the
Contracting State; formal declaration or oath of allegiance to another State; or definite
evidence of repudiation of allegiance to the Contracting State. Deprivation of
nationality on any of these grounds must meet the specific requirements set out in
Article 8(3). Article 8(4) of the 1961 Convention imposes procedural safeguards with
respect to deprivation of nationality and Article 9 categorically prohibits deprivation of
11 UN Conference on the Elimination or Reduction of Future Statelessness, Summary Record of the Second
Plenary Meeting, 24 April 1961, A/CONF.9/SR.2, p. 2: “Nothing would be gained if after a convention had been
approved Governments decided merely to reject those provisions which were in conflict with their national laws.
The position of human beings in need could be improved only if Governments were prepared to make some
sacrifices.”. International Law Commission, Draft Articles on Nationality of Natural Persons in relation to the
Succession of States with commentaries, Yearbook of the International Law Commission, 1999 Vol. II (Part Two),
preamble: “Recognizing that in matters of nationality, due account should be taken both of the legitimate interests
of States and those of individuals.”; commentary to the preamble, para. 5: “As a result of…evolution in the field of
human rights, the traditional approach based on the preponderance of the interests of States over the interests of
individuals has subsided.” See also UNGA Res. 55/153, 12 December 2000; UNGA Res. 59/34, 2 December
2004; UNGA Res. 63/118, 11 December 2008; and UNGA Res. 66/92, 9 December 2011: These Resolutions
invited governments to take into account the provisions in the above International Law Commission Draft Articles
when dealing with the nationality of natural persons in relation to the succession of States. For further details, see
International Law Commission, Analytical Guide to the Work of the International Law Commission: Nationality in
relation to the succession of States, https://legal.un.org/ilc/guide/3_4.shtml.
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