Where a person has to prove that they have renounced a former nationality in
order to obtain the nationality of a Contracting State, contracting States may require a
person to prove with documentation that such renunciation has occurred.
Overarching requirements for deprivation of nationality under Article 8(3) of the 1961
Convention
Article 8(3) of the 1961 Convention contains exhaustive exceptions to the general
prohibition in Article 8(1). These are available only to States that have deposited an
appropriate declaration as required by this Article.49
A Contracting State’s declaration under Article 8(3) needs to specify which of the
grounds within Article 8(3) the Contracting State will rely on to deprive a person of their
nationality, even where it would render that person stateless. The relevant ground
must also be “existing in its national law at that time”, i.e., the time of signature,
ratification or accession.50 The aim of this provision is to “freeze” the existing legislative
situation of the relevant Contracting State at that time.51 Subsequent changes to such
legislation by States that have made declarations may accordingly not expand the
grounds for deprivation under Article 8(3).
Behaviour inconsistent with the duty of loyalty to the State (1961 Convention, Article
8(3)(a))
Depending on the content of their declarations,52 Contracting States may deprive
a person of nationality and render that individual stateless under Article 8(3)(a) if the
person in question has, “inconsistently with his duty of loyalty to the Contracting State”,
either (i) “in disregard of an express prohibition by the Contracting State rendered or
continued to render services to, or received emoluments from, another State” or (ii)
“conducted himself in a manner seriously prejudicial to the vital interests of the State.”
Any individual meeting the thresholds in Articles 8(3)(a)(i) or (ii) must have
conducted themselves with the intention of acting inconsistently with their duty of
loyalty to the Contracting State. The duty of loyalty to the State may be characterized
as the firm and constant support to the State as a whole (as opposed to a specific part
of the State or a specific Government in power at a given time). Without clear evidence
that an individual intended to act inconsistently with their duty of loyalty to the
Contracting State, the State must not deprive an individual of nationality under Article
8(3)(a)(i) or (ii).
49
As of January 2020, thirteen Contracting States (out of a total of 75) have made declarations to Article 8(3).
1961 Convention, Article 8(3).
51 UN Conference on the Elimination or Reduction of Future Statelessness, Summary Records, 12th meeting of
the Committee of the Whole, 24 April 1961, A/CONF.9/C.1/SR.12, p. 9.
52 As of January 2020, three of the thirteen States who have made declarations under Article 8(3) have limited
their declarations to the grounds under Article 8(3)(a), and the remaining ten have made declarations under
Article 8(3) as a whole.
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