recognition as a stateless person; that is, a renewable residence permit
with a complement of rights, including the right to work and receive a
travel document.
(b) Where statelessness results from voluntary renunciation of
nationality as a matter of convenience or choice
56
161.
Some individuals voluntarily renounce a nationality because they do not
wish to be nationals of a particular State or in the belief that this will lead
to grant of a protection status in another country.104 Re-admission to the
State of former nationality, coupled with acquisition of that nationality,
is the preferred solution in such situations. Where cooperation from the
individual for readmission to another State or for reacquisition of nationality
is lacking, the authorities are entitled to pursue their own discussions with
the other State to secure admission of the individual concerned. In this
context, other international obligations of the State of former nationality
will be relevant, including those relating to prevention of statelessness
upon renunciation of nationality and the right to enter one’s own country.105
162.
A State need not necessarily grant or renew permission for stay to such
individuals. Nor would they be entitled to all of the rights foreseen by the
1954 Convention. Bar any other protection obstacles, involuntary return
cannot be excluded in such cases, for example, where the former State
of nationality is also the country of previous habitual residence and its
authorities are prepared to grant permanent residence to the individual
concerned.
104
International law recognises that every individual has a right to a nationality, but this does
not extend to a right for individuals to choose a specific nationality. There is widespread
acceptance of automatic conferral of nationality by States based on factors outside an
individual’s control, such as descent, birth on the territory, or residence in the territory at the
moment of State succession.
105
Please see, in particular, Article 7(1) of the 1961 Convention on the Reduction of Statelessness
and Article 12(4) of the ICCPR. In addition, friendly relations and cooperation between
States based on the principle of good faith require re-admission in such circumstances.
Numerous agreements between States now facilitate this by providing for re-admission of
stateless persons, including former nationals and former habitual residents. UNHCR may be
able to play a role in this regard, please see paragraph (j) of UNHCR Executive Committee
Conclusion No. 96 (LIV) of 2003 on the return of persons found not to be in need of
international protection, http://www.unhcr.org/refworld/docid/3f93b1ca4.html in which the
Executive Committee: Recommends, depending on the situation, that UNHCR complement
the efforts of States in the return of persons found not to be in need of international
protection by: (i) Promoting with States those principles which bear on their responsibility to
accept back their nationals, as well as principles on the reduction of statelessness; (ii) Taking
clear public positions on the acceptability of return of persons found not to be in need of
international protection; (iii) Continuing its dialogue with States to review their citizenship
legislation, particularly if it allows renunciation of nationality without at the same time
ensuring that the person in question has acquired another nationality and could be used to
stop or delay the return of a person to a country of nationality.