ANNEX V
Extracts from international treaties that contain a safeguard for children
born in the territory who would otherwise be stateless
1961 Convention on the Reduction of Statelessness, article 1
1. A Contracting State shall grant its nationality to a person born in its territory who
would otherwise be stateless. Such nationality shall be granted:
(a) At birth, by operation of law, or
(b) Upon an application being lodged with the appropriate authority, by or on
behalf of the person concerned, in the manner prescribed by the national law.
Subject to the provisions of paragraph 2 of this article, no such application may
be rejected.
A Contracting State which provides for the grant of its nationality in accordance with
subparagraph (b) of this paragraph may also provide for the grant of its nationality by
operation of law at such age and subject to such conditions as may be prescribed by the
national law.
2. A Contracting State may make the grant of its nationality in accordance with
subparagraph (b) of paragraph 1 of this article subject to one or more of the following
conditions:
(a) That the application is lodged during a period, fixed by the Contracting State,
beginning not later than at the age of eighteen years and ending not earlier than
at the age of twenty-one years, so, however, that the person concerned shall be
allowed at least one year during which he may himself make the application
without having to obtain legal authorization to do so;
(b) That the person concerned has habitually resided in the territory of the
Contracting State for such period as may be fixed by that State, not exceeding
five years immediately preceding the lodging of the application nor ten years in
all;
(c) That the person concerned has neither been convicted of an offence against
national security nor has been sentenced to imprisonment for a term of five years
or more on a criminal charge;
(d) That the person concerned has always been stateless.
African Charter on the Rights and Welfare of the Child, article 6
(4) States Parties to the present Charter shall undertake to ensure that their
Constitutional legislation recognize the principles according to which a child shall
acquire the nationality of the State in the territory of which he has been born if, at the
time of the child’s birth. he is not granted nationality by any other State in accordance
with its laws.
American Convention on Human Rights, article 20
(2) Every person has the right to the nationality of the state in whose territory he was
born if he does not have the right to any other nationality.
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