Convention to “ensure … that neither marriage to an alien nor change of nationality by
the husband during marriage shall automatically change the nationality of the wife,
render her stateless or force upon her the nationality of her husband.” Any provision
for loss of nationality under the grounds in Article 6 of the 1961 Convention should not
contravene States’ specific obligations under CEDAW.
Given that loss of nationality under Article 6 of the 1961 Convention is conditional
upon possession or acquisition of another nationality, the guidance in paragraphs 8083 below is particularly relevant to the application of Article 6.
Exceptions to the general prohibition of loss of nationality resulting in
statelessness
Under Article 7(3) of the 1961 Convention, a person cannot lose their nationality
“on the ground of departure, residence abroad, failure to register or on any similar
ground” where it would result in their becoming stateless, except in circumstances
exhaustively set out in Articles 7(4) and 7(5). This is underscored by Article 7(6) of the
1961 Convention, set out in paragraph 15 above.
Both Articles 7(4) and 7(5) respectively make reference to declaration and
registration with an “appropriate authority.” The appropriate authority depends on the
internal organization of the Contracting State in question and in some cases there will
be more than one appropriate authority involved.
Loss of nationality on account of residence abroad for not less than seven
consecutive years (Article 7(4))
Under Article 7(4) of the 1961 Convention, a person may in certain limited
circumstances lose nationality such that they would become stateless. Article 7(4)
provides that “[a] naturalized person may lose his nationality on account of residence
abroad for a period, not less than seven consecutive years, specified by the law of the
Contracting State concerned if he fails to declare to the appropriate authority his
intention to retain his nationality.” As an exception to the general prohibition of loss of
nationally resulting in statelessness, this provision should be applied restrictively.
The first condition of Article 7(4) of the 1961 Convention is that the person
concerned must be a naturalized person.31 This makes naturalized citizens more
vulnerable to loss of nationality resulting in statelessness than citizens by birth. The
increased vulnerability is mitigated by limitations contained in international human
rights law, including with respect to non-discrimination as explained in paragraphs
110-112 below. Given that many naturalized citizens are likely to be from minority
groups (for example, ethnic or religious minorities), Contracting States should exercise
31 Final Act of the 1961 Convention, 1975 UNTS 279, https://www.refworld.org/pdfid/3ae6b39620.pdf, Resolution
III: “the term ‘naturalized person’ shall be interpreted as referring only to a person who has acquired nationality
upon an application which the Contracting State concerned may in its discretion refuse.”
UNHCR > GUIDELINES ON STATELESSNESS NO.5
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