2022
Statelessness & Citizenship Review
4(1)
He recommended that, therefore, ‘[t]he conference should attempt to steer a
middle course by drafting a convention which would secure many ratifications and
at the same time represent an appreciable improvement in the lot of stateless
persons’.13
In other words, like all international treaties, the final version would be the
result of compromise.
What were the sticking points? On the one hand, many state representatives
proclaimed the importance of nationality. For example, Mr Sivan (Israel)
‘believed that practical, moral and psychological importance attached to
nationality not only in the case of adults but also in that of children and young
people’.14 The Argentinian representative, Mr Carasales, proclaimed it was ‘of
paramount importance that a child should have a nationality at birth’. 15 The
Canadian representative, Mr Jay, ‘expressed the hope that [the principle of state
sovereignty] would not be given undue prominence’. 16
Yet, there were tensions between those states that favoured jus soli (citizenship
by birth) and those that favoured jus sanguinis (citizenship by descent). 17 The
issue of deprivation of citizenship on security grounds also proved so contentious
as to necessitate a second conference, which explains why it took until 1961 to
settle on the final text of the Convention.18
Ultimately, the Convention on the Reduction of Statelessness (not Elimination)
was adopted and opened for signature on 30 August 1961. In accordance with art
18, the 1961 Convention did not enter into force until it received its sixth accession
on 13 December 1975. To date, the treaty has attracted 78 ratifications.19 This
number is relatively modest in light of the importance of the treaty, yet, as Melanie
Khanna and Marcella Rouweler note,20 the treaty has, in recent years, enjoyed
renewed momentum with a significant increase in ratification.
OVERVIEW OF THE 1961 CONVENTION
The 1961 Convention is one of the earliest human rights treaties of the modern
era. Yet, it remains essential in the quest to reduce and eliminate statelessness; of
course, this quest continues with millions of people stateless today and new cases
of statelessness arising.21
13
14
15
16
17
18
19
20
21
ibid.
UN Conference on the Elimination or Reduction of Future Statelessness, Summary Record of
the Fourth Plenary Meeting, UN Doc A/CONF.9/SR.4 (24 April 1961) 2.
ibid 3.
UN Conference on the Elimination or Reduction of Future Statelessness, Summary Record of
the Third Plenary Meeting, UN Doc A/CONF.9/SR.3 (24 April 1961) 5.
See, eg, ibid 2–10; UN Doc A/CONF.9/SR.4 (n 14) 2–8; UN Conference on the Elimination
or Reduction of Future Statelessness, Summary Record of the Sixth Plenary Meeting, UN Doc
A/CONF.9/SR.6 (24 April 1961) 2–7.
UN Conference on the Elimination or Reduction of Future Statelessness, Summary Record of
the Fifteenth Plenary Meeting, UN Doc A/CONF.9/C.1SR.15 (11 October 1961) 2–3.
‘4. Convention on the Reduction of Statelessness’, United Nations Treaty Collection (Web
Page)
<https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=V4&chapter=5&clang=_en>.
Melanie Khanna and Marcella Rouweler, ‘Taking Stock of the Relevance and Impact of the
1961 Convention on the Reduction of Statelessness’ (2022) 4(1) Statelessness & Citizenship
Review 194.
See UNHCR, Global Trends: Forced Displacement in 2020 (Report, 18 June 2021) 50
<https://www.unhcr.org/60b638e37/unhcr-global-trends-2020>.
190