Loss of nationality Introduction Loss of nationality can result from a person’s active renunciation or from the automatic operation of law (“ex lege”). It is to be distinguished from deprivation of nationality, which occurs when government authorities take the initiative to revoke nationality.65 The 1961 Convention prohibits loss of nationality when it would cause statelessness, with two exceptions: • In the case of a naturalised person who resides abroad for not less than seven consecutive years, if the person fails to declare to the appropriate authority an intention to retain the nationality (Article 7(4)). • In the case of nationals born abroad, if they do not take residence in the territory of the State before the expiration of one year after attaining the age of majority or do not register before the expiration of that period (Article 7(5)). With regard to Article 7(5), the United Nations Conference on the Elimination or Reduction of Future Statelessness, in Resolution III of its Final Act, recommended that States which condition the retention of nationality by their nationals abroad on a declaration or registration should take “all possible steps to ensure that such persons are informed in time of the formalities and time limits to be observed if they are to retain their nationality”.66 Apart from the exceptions above, the 1961 Convention requires that all other laws and regulations providing for ex lege loss of citizenship must include a safeguard against statelessness. Under Article 5(1), laws stipulating loss of nationality “as a consequence of any change in the personal status of a person such as marriage, termination of marriage, legitimation, recognition or adoption…shall be conditional upon possession or acquisition of another nationality”. Similarly, under Article 6, loss of nationality “by a person’s spouse or children as a consequence of that person losing or being deprived of that nationality… shall be conditional upon their possession or acquisition of another nationality”. The 1961 Convention also prohibits renunciation of nationality “unless the person concerned possesses or acquires another nationality” (Article 7(1)(a)). This provision is meant to safeguard against statelessness, not to encroach upon the right to freedom of movement or the right to seek asylum from persecution as enshrined in the Universal Declaration of Human Rights.67 65 The European convention on nationality makes this distinction explicit, separating provisions on “ex lege loss of nationality” , Article 7, from provisions on “loss of nationality at the initiative of the authorities”, Art. 8. See also UNHCR Tunis Conclusions, supra, para. 9. 66 Final Act of the United Nations Conference on the Elimination or Reduction of Future Statelessness held at Geneva from 24 March to 18 April 1959, and Resolutions I, II, III and IV of the Conference, concluded at New York on 30 August 1961. Available at: www.refworld.org/ pdfid/3ae6b39620.pdf. 67 Article 7(1)(b) states: “The provisions of sub-paragraph (a) of this paragraph shall not apply where their application would be inconsistent with the principles stated in Articles 13 and 14 of the Universal Declaration of Human Rights approved on 10 December 1948 by the General Assembly of the United Nations.” 25