4. The UN General Assembly resolutions which set out UNHCR’s mandate on statelessness are universal in scope and do
not restrict UNHCR’s activities to States Parties to either the 1954 Convention or the 1961 Convention.
5. The mandate includes prevention of statelessness. As a result, it is not limited to addressing cases of statelessness
which have already occurred. This means that UNHCR works to identify and address risks of statelessness which may affect
a broad cross-section of the population.
6. UNHCR’s statelessness mandate covers all situations of statelessness. There is some overlap between UNHCR’s
statelessness mandate and its refugee mandate because stateless refugees are protected under the provisions of the 1951
Convention. When refugee status ceases, though, individuals may remain stateless and therefore of concern to UNHCR.
UNHCR’s statelessness mandate may also apply to individuals who are internally displaced.
III.
International legal framework
7. Under general international law, States set the rules for acquisition, change and loss of nationality as part of their
sovereign power. At the same time, the discretion of States with regard to nationality is limited by obligations under
international treaties to which they are party, customary international law and general principles of law.(5)
8. International treaties establish obligations for States relating to acquisition and loss of nationality and to standards of
treatment of stateless persons. Specific obligations relating to prevention and reduction of statelessness are established
under the 1961 Convention on the Reduction of Statelessness and in regional treaties. The 1961 Convention requires that
States establish safeguards in legislation to address statelessness occurring at birth or later in life. The Convention also
establishes obligations for States in the event of State succession. These provisions are complemented by the
comprehensive Draft Articles on the Nationality of Natural Persons in Relation to the Succession of States of the International
Law Commission. The content of the Convention is explained in further detail in the forthcoming information brochure
Preventing and Reducing Statelessness: The 1961 Convention on the Reduction of Statelessness. While the Convention has
relatively few States Parties, UNHCR has used the principles it contains as a yardstick for reviewing and recommending
amendments to nationality laws and the practice of States. A list of States Parties to the 1961 Convention is contained in
Annex III.
9. The 1954 Convention relating to the Status of Stateless Persons is the cornerstone of the international protection regime
for stateless persons. The 1954 Convention is similar in many respects to the 1951 Refugee Convention. The 1954
Convention provides a definition of a (de jure) stateless person, establishes an internationally recognized status for stateless
persons which extends to them specific rights, for instance, relating to issuance of identity and travel documents. Additional
guidance on the content of the 1954 Convention is contained in the forthcoming information brochure Protecting the Rights of
Stateless Persons: The 1954 Convention relating to the Status of Stateless Persons. A list of States Parties to the 1954
Convention is contained in Annex II while Annex IV contains a map of States Parties to both the 1954 and 1961 Conventions.
10. The 1954 and 1961 Statelessness Conventions are complemented by the standards contained in regional treaties.
(6)
(7)
(8)
Regional treaties in Africa, the Americas and Europe recognize the right to a nationality and establish additional
obligations for States Parties relating to the prevention of statelessness by, among other means, requiring that nationality be
granted to children born in the territory of a State if they would otherwise be stateless. The most detailed standards have been
adopted in Europe. Specifically, the 1997 European Convention on Nationality regulates the acquisition and loss of nationality
and includes, inter alia, a range of safeguards against statelessness, most of which mirror those of the 1961 Convention.
Subsequently, the Council of Europe adopted the 2006 Convention on the Avoidance of Statelessness in Relation to State
5
See in this regard article 1 of the 1930 Hague Convention Concerning Certain Questions relating to the Conflict of Nationality Laws and
the judgment of the Permanent Court of International Justice in the case of the Tunis and Morocco Nationality Decrees.
6
African Charter on the Rights and Welfare of the Child, article 6.
7
American Convention on Human Rights, article 20.
8
European Convention on Nationality, article 6.
5