issuance of identity documents (such as passports and birth certificates) or the
seeking of confirmation of recognition as a national.41
Resolution III of the Final Act of the 1961 Convention recommends that
Contracting States “take all possible steps” to inform nationals abroad who stand to
lose their nationality on account of failure to register of relevant time-limits and
formalities.42 Contracting States should as a matter of good practice also make
provision for an extension of the time limit by application in circumstances where an
individual is unable to register their intention to retain nationality within one year of
reaching the age of majority.
C. Deprivation of nationality
As stated in paragraph 9 above, “deprivation” of nationality is used within the 1961
Convention (Articles 8-9) to describe situations where withdrawal of nationality is
initiated by the authorities of the State.
General prohibition of deprivation of nationality where it would render a
person stateless (1961 Convention, Article 8(1))
Article 8(1) of the 1961 Convention provides that “[a] Contracting State shall not
deprive a person of its nationality if such deprivation would render him stateless.”43
This is the general rule. In order to apply this rule, a Contracting State must first
determine and understand whether each of its potential acts of deprivation of
nationality would result in statelessness. If an act of deprivation would result in
statelessness, then the Contracting State may only proceed if one of the exceptions
to the general rule set out in Articles 8(2) or 8(3) applies.
A Contracting State’s fulfilment of its obligations under the 1961 Convention thus
necessarily requires an assessment by the Contracting State on the issue of
statelessness before a person is deprived of nationality. Deprivation of nationality
procedures that place the onus on the individual concerned to raise potential
statelessness in order for it to be considered leave Contracting States and individuals
vulnerable to decisions that are inconsistent with Article 8. Likewise, procedures that
place the burden of proof solely on the individual to prove statelessness would not be
consistent with the Contracting State’s obligation to determine whether statelessness
would result from the act of deprivation. The process of determining whether a person
would be rendered stateless following deprivation of nationality is a collaborative one
aimed at clarifying whether an individual would come within the scope of the definition
of statelessness if deprived of nationality. Thus, the individual has a duty to provide as
41
UNHCR Handbook on Protection of Stateless Persons 2014, paras. 39-40 and 42-44.
Final Act of the 1961 Convention, Resolution III.
43 See paragraphs 80-83 below on determination of possession or acquisition of another nationality, which is
relevant to the question of whether deprivation would cause statelessness.
42
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