I. INTRODUCTION
A. Overview
The object and purpose of the 1961 Convention on the Reduction of Statelessness
(“1961 Convention”) is to prevent and reduce statelessness, thereby helping to ensure
every individual’s fundamental right to a nationality.1 In line with this objective, the
1961 Convention establishes rules on acquisition, renunciation, loss and deprivation
of nationality that are intended to minimize statelessness.
These Guidelines are focused on Articles 5-9 of the 1961 Convention, which set
standards on the permissibility of loss and deprivation of the nationality of a
Contracting State. Articles 5-7 of the 1961 Convention pertain to loss of nationality and
Article 8 pertains to deprivation of nationality. Article 9 categorically prohibits
deprivation of nationality on certain discriminatory grounds. Contracting States are not
permitted to make reservations to Articles 5-9 of the 1961 Convention.2
While not all States are party to the 1961 Convention, all States have obligations
concerning loss and deprivation of nationality pursuant to the prohibition of arbitrary
deprivation of nationality.3 All States also have certain relevant international human
rights law obligations as discussed in Part III of these Guidelines.
These Guidelines are primarily intended to assist States, UNHCR, and other actors
to interpret and apply Articles 5-9 of the 1961 Convention.
B. General considerations pertaining to the interpretation of the 1961
Convention
Articles 5-9 of the 1961 Convention are to be interpreted in good faith and in
accordance with the ordinary meaning of the terms used in their context and in light of
the object and purpose of the 1961 Convention.4 Where relevant to questions of
interpretation and application, reference will be made to the travaux preparatoires or
drafting history of the 1961 Convention, as well as other treaties which contain
supplementary or corresponding obligations to those within the 1961 Convention.
Developments in customary international law relevant to the interpretation of the 1961
Convention will also be set out in these Guidelines.
1 The fundamental right to a nationality is set out in numerous international human rights instruments, including
the Universal Declaration of Human Rights, Article 15. See paragraphs 86-90 below.
2 Convention on the Reduction of Statelessness, 989 UNTS 175, (1961 Convention), Article 17: “At the time of
signature, ratification or accession any State may make a reservation in respect of Articles 11, 14 or 15. No other
reservations to this Convention shall be admissible."
3 As will be outlined in Part III of these Guidelines, deprivation of nationality is arbitrary if it is not prescribed by
law; is not the least intrusive means proportionate to achieving a legitimate aim; and/or takes place without due
process.
4 Vienna Convention on the Law of Treaties, 1155 UNTS 331, Article 31.
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