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(xiii) Voluntary renunciation of nationality
Voluntary renunciation relates to an act of free will whereby an individual
gives up his or her nationality status. This generally takes the form of
an oral or written declaration. The subsequent withdrawal of nationality
may be automatic or at the discretion of the authorities.34 In some States
voluntary renunciation of nationality is treated as grounds for excluding an
individual from the coverage of Article 1(1). However, this is not permitted
by the 1954 Convention. The treaty’s object and purpose, of facilitating the
enjoyment by stateless persons of their human rights, is equally relevant
in cases of voluntary as well as involuntary withdrawal of nationality.
Indeed, in many cases the renunciation may have pursued a legitimate
objective, for example the fulfilment of conditions for acquiring another
nationality, and the individual may only have expected a very short spell as
stateless. The question of an individual’s free choice is not relevant when
determining eligibility for recognition as stateless under Article 1(1); it may,
however, be pertinent to the matter of the treatment received thereafter.
Those who have renounced their nationality voluntarily might be able to
reacquire such nationality, unlike other stateless persons. The availability
of protection in another State may have an impact on the status to be
awarded on recognition and, as such, this issue is explored in Part Three.
PART ONE
51.
(xiv) Concept of nationality
52.
In assessing the nationality laws of a State it is important to bear in mind
that the terminology used to describe a “national” varies from country to
country. For example, other labels that might be applied to that status
include “citizen”, “subject”, “national” in French, and “nacional” in Spanish.
Moreover, within a State there may be various categories of nationality
with differing names and associated rights. The 1954 Convention is
concerned with ameliorating the negative effect, in terms of dignity and
security, of an individual not satisfying a fundamental aspect of the system
for human rights protection; the existence of a national-State relationship.
As such, the definition of stateless person in Article 1(1) incorporates a
concept of national which reflects a formal link, of a political and legal
character, between the individual and a particular State. This is distinct
from the concept of nationality which is concerned with membership
of a religious, linguistic or ethnic group.35 As such, the treaty’s concept
of national is consistent with the traditional understanding of this term
under international law; that is persons over whom a State considers it has
34
Voluntary renunciation is to be distinguished from loss of nationality through failure to
comply with formalities, including where the individual is aware of the relevant requirements
and still chooses to ignore them.
35
This meaning of nationality can be found, for example, in the refugee definition in Article
1A(2) of the 1951 Convention in relation to the phrase “well-founded fear of being persecuted
for reasons of race, religion, nationality…” (emphasis added).
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