What does the 1961 Convention on the Reduction of
Statelessness provide for?
Due to the differing approaches taken by States with
regard to acquisition and loss of nationality, some
individuals continue to “fall through the cracks” and
become stateless. Common rules are therefore essential
to address such gaps.
In 1950, the ILC commenced the process of drafting
what would later emerge as the 1961 Convention on
the Reduction of Statelessness (1961 Convention). The
1961 Convention is the only universal instrument that
elaborates clear, detailed and concrete safeguards to
ensure a fair and appropriate response to the threat of
statelessness.
The articles of the 1961 Convention aim to avoid
statelessness at birth and later in life, but they neither
prohibit the possibility of deprivation of nationality
under certain circumstances, nor require States to
grant citizenship to all currently stateless persons. The
1961 Convention also provides for the creation of a body
to which a person who may benefit from the provisions
of the 1961 Convention may apply to have their claim
examined and to seek assistance in presenting the claim
to the appropriate authority. The General Assembly
subsequently asked UNHCR to fulfil this role. (See Annex 2
for a list of States Parties to the 1961 Convention.)
In seeking to reduce the incidence of statelessness,
the 1961 Convention requires that States parties adopt
nationality legislation that reflects prescribed standards
relating to the acquisition or loss of nationality. Should
disputes concerning the interpretation or application of the
Convention arise between Contracting States and they are
not resolved by other means, they can be submitted to the
International Court of Justice at the request of any one of
the parties to the dispute.
UNHCR’s Handbook on Protection of Stateless Persons
provides guidance to governments, UNHCR and other
actors on how to interpret and apply Articles 1–4 and
12 of the 1961 Convention, which concern avoidance of
statelessness among children.
12
“One day, I was standing
between the borders, and
could not get into either
country. It was the most
unforgettable experience
in my life! I could not
enter the State where
I had been; also I couldn’t
get into the State where
I was born, raised and
lived! Where do I belong?
I still cannot forget the
strong feeling of loss
I experienced at the
airport.”
Lara, who was formerly
stateless