|
The Contracting States,
Acting in pursuance of resolution
896 (IX), adopted by the General Assembly of the United Nations
on 4 December 1954,
Considering it desirable to reduce
statelessness by international agreement,
Have agreed as follows:
Article 1
1. A Contracting State shall grant
its nationality to a person born in its territory who would otherwise
be stateless. Such nationality shall be granted:
(a) At birth, by operation of law,
or
(b) Upon an application being lodged
with the appropriate authority, by or on behalf of the person concerned,
in the manner prescribed by the national law. Subject to the provisions
of paragraph 2 of this article, no such application may be rejected.
A Contracting State which provides for the grant of its nationality
in accordance with subparagraph (b) of this paragraph may also provide
for the grant of its nationality by operation of law at such age
and subject to such conditions as may be prescribed by the national
law.
2. A Contracting State may make the
grant of its nationality in accordance with subparagraph (b) -of
paragraph I of this article subject to one or more of the following
conditions:
(a) That the application is lodged
during a period, fixed by the Contracting State, beginning not later
than at the age of eighteen years and ending not earlier than at
the age of twenty-one years, so, however, that the person concerned
shall be allowed at least one year during which he may himself make
the application without having to obtain legal authorization to
do so;
(b) That the person concerned has
habitually resided in the territory of the Contracting State for
such period as may be fixed by that State, not exceeding five years
immediately preceding the lodging of the application nor ten years
in all;
(c) That the person concerned has
neither been convicted of an offence against national security nor
has been sentenced to imprisonment for a term of five years or more
on a criminal charge;
(d) That the person concerned has
always been stateless.
3. Notwithstanding the provisions
of paragraphs I (b) and 2 of this article, a child born in wedlock
in the territory of a Contracting State, whose mother has the nationality
of that State, shall acquire at birth that nationality if it otherwise
would be stateless.
4. A Contracting State shall grant
its nationality to a person who would otherwise be stateless and
who is unable to acquire the nationality of the Contracting State
in whose territory he was born because he has passed the age for
lodging his application or has not fulfilled the required residence
conditions, if the nationality of one of his parents at the time
of the person's birth was that of the Contracting State first above-mentioned.
If his parents did not possess the same nationality at the time
of his birth, the question whether the nationality of the person
concerned should follow that of the father or that of the mother
shall be determined by the national law of such Contracting State.
If application for such nationality is required, the application
shall be made to the appropriate authority by or on behalf of the
applicant in the manner prescribed by the national law. Subject
to the provisions of paragraph 5 of this article, such application
shall not be refused.
5. The Contracting State may make
the grant of its nationality in accordance with the provisions of
paragraph 4 of this article subject to one or more of the following
conditions:
(a) That the application is lodged
before the applicant reaches an age, being not less than twenty-three
years, fixed by the Contracting State;
(b) That the person concerned has
habitually resided in the territory of the Contracting State for
such period immediately preceding the lodging of the application,
not exceeding three years, as may be fixed by that State;
(c) That the person concerned has
always been stateless.
Article 2
A foundling found in the territory
of a Contracting State shall, in the absence of proof to the contrary,
be considered to have been born within that territory of parents
possessing the nationality of that State.
Article 3
For the purpose of determining the
obligations of Contracting States under this Convention, birth on
a ship or in an aircraft shall be deemed to have taken place in
the territory of the State whose flag the ship flies or in the territory
of the State in which the aircraft is registered, as the case may
be.
Article 4
1. A Contracting State shall grant
its nationality to a person, not born in the territory of a Contracting
State, who would otherwise be stateless, if the nationality of one
of his parents at the time of the person's birth was that of that
State. If his parents did not possess the same nationality at the
time of his birth, the question whether the nationality of the person
concerned should follow that of the father or that of the mother
shall be determined by the national law of such Contracting State.
Nationality granted in accordance with the provisions of this paragraph
shall be granted:
(a) At birth, by operation of law,
or
(b) Upon an application being lodged
with the appropriate authority, by or on behalf of the person concerned,
in the manner prescribed by the national law. Subject to the provisions
of paragraph 2 of this article, no such application may be rejected.
2. A Contracting State may make the
grant of its nationality in accordance with the provisions of paragraph
I of this article subject to one or more of the following conditions:
(a) That the application is lodged
before the applicant reaches an age, being not less than twenty-three
years, fixed by the Contracting State;
(b) That the person concerned has
habitually resided in the territory of the Contracting State for
such period immediately preceding the lodging of the application,
not exceeding three years, as may be fixed by that State;
(c) That the person concerned has
not been convicted of an offence against national security;
(d) That the person concerned has
always been stateless.
Article 5
1. If the law of a Contracting State
entails loss of nationality as a consequence of any change in the
personal status of a person such as marriage, termination of marriage,
legitimation, recognition or adoption, such loss shall be conditional
upon possession or acquisition of another nationality.
2. If, under the law of a Contracting
State, a child born out of wedlock loses the nationality of that
State in consequence of a recognition of affiliation, he shall be
given an opportunity to recover that nationality by written application
to the appropriate authority, and the conditions governing such
application shall not be more rigorous than those laid down in paragraph
2 of article I of this Convention.
Article 6
If the law of a Contracting State
provides for loss of its nationality by a person' s spouse or children
as a consequence of that person losing or being deprived of that
nationality, such loss shall be conditional upon their possession
or acquisition of another nationality.
Article 7
1. (a) If the law of a Contracting
State entails loss or renunciation of nationality, such renunciation
shall not result in loss of nationality unless the person concerned
possesses or acquires another nationality;
(b) The provisions of subparagraph
(a) of this paragraph shall not apply where their application would
be inconsistent with the principles stated in articles 13 and 14
of the Universal Declaration of Human Rights approved on 10 December
1948 by the General Assembly of the United Nations.
2. A national of a Contracting State
who seeks naturalization in a foreign country shall not lose his
nationality unless he acquires or has been accorded assurance of
acquiring the nationality of that foreign country.
3. Subject to the provisions of paragraphs
4 and 5 of this article, a national of a Contracting State shall
not lose his nationality, so as to become stateless, on the ground
of departure, residence abroad, failure to register or on any similar
ground.
4. 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.
5. In the case of a national of a
Contracting State, born outside its territory, the law of that State
may make the retention of its nationality after the expiry of one
year from his attaining his majority conditional upon residence
at that time in the territory of the State or registration with
the appropriate authority.
6. Except in the circumstances mentioned
in this article, a person shall not lose the nationality of a Contracting
State, if such loss would render him stateless, notwithstanding
that such loss is not expressly prohibited by any other provision
of this Convention.
Article 8
1. A Contracting State shall not
deprive a person of his nationality if such deprivation would render
him stateless.
2. Notwithstanding the provisions
of paragraph 1 of this article, a person may be deprived of the
nationality of a Contracting State:
(a) In the circumstances in which,
under paragraphs 4 and 5 of article 7, it is permissible that a
person should lose his nationality;
(b) Where the nationality has been
obtained by misrepresentation or fraud.
3. Notwithstanding the provisions
of paragraph I of this article, a Contracting State may retain the
right to deprive a person of his nationality, if at the time of
signature, ratification or accession it specifies its retention
of such right on one or more of the following grounds, being grounds
existing in its national law at that time:
(a) That, inconsistently with his
duty of loyalty to the Contracting State, the person:
(i) Has, in disregard of an express
prohibition by the Contracting State rendered or continued to render
services to, or received or continued to receive emoluments from,
another State, or
(ii) Has conducted himself in a manner
seriously prejudicial to the vital interests of the State;
(b) That the person has taken an
oath, or made a formal declaration, of allegiance to another State,
or given definite evidence of his determination to repudiate his
allegiance to the Contracting State.
4. A Contracting State shall not
exercise a power of deprivation permitted by paragraphs 2 or 3 of
this article except in accordance with law, which shall provide
for the person concerned the right to a fair hearing by a court
or other independent body.
Article 9
A Contracting State may not deprive
any person or group of persons of their nationality on racial, ethnic,
religious or political grounds.
Article 10
1. Every treaty between Contracting
States providing for the transfer of territory shall include provisions
designed to secure that no person shall become stateless as a result
of the transfer. A Contracting State shall use its best endeavours
to secure that any such treaty made by it with a State which is
not a Party to this Convention includes such provisions.
2. In the absence of such provisions
a Contracting State to which territory is transferred or which otherwise
acquires territory shall confer its nationality on such persons
as would otherwise become stateless as a result of the transfer
or acquisition.
Article 11
The Contracting States shall promote
the establishment within the framework of the United Nations, as
soon as may be after the deposit of the sixth instrument of ratification
or accession, of a body to which a person claiming the benefit of
this Convention may apply for the examination of his claim and for
assistance in presenting it to the appropriate authority.
Article 12
1. In relation to a Contracting State
which does not, in accordance with the provisions of paragraph I
of article I or of article 4 of this Convention, grant its nationality
at birth by operation of law, the provisions of paragraph I of article
I or of article 4, as the case may be, shall apply to persons born
before as well as to persons born after the entry into force of
this Convention.
2. The provisions of paragraph 4
of article I of this Convention shall apply to persons born before
as well as to persons born after its entry into force.
3. The provisions of article 2 of
this Convention shall apply only to foundlings found in the territory
of a Contracting State after the entry into force of the Convention
for that State.
Article 13
This Convention shall not be construed
as affecting any provisions more conducive to the reduction of statelessness
which may be contained in the law of any Contracting State now or
hereafter in force, or may be contained in any other convention,
treaty or agreement now or hereafter in force between two or more
Contracting States..
Article 14
Any dispute between Contracting States
concerning the interpretation or application of this Convention
which cannot be settled by other means shall be submitted to the
International Court of Justice at the request of any one of the
parties to the dispute.
Article 15
1. This Convention shall apply to
all non-self-governing, trust, colonial and other non-metropolitan
territories for the international relations of which any Contracting
State is responsible; the Contracting State concerned shall, subject
to the provisions of paragraph 2 of this article, at the time of
signature, ratification or accession, declare the non-metropolitan
territory or territories to which the Convention shall apply ipso
facto as a result of such signature, ratification or accession.
2. In any case in which, for the
purpose of nationality, a non-metropolitan territory is not treated
as one with the metropolitan territory, or in any case in which
the previous con sent of a non-metropolitan territory is required
by the constitutional laws or practices of the Contracting State
or of the non-metropolitan territory for the application of the
Convention to that territory, that Contracting State shall endeavour
to secure the needed consent of the non-metropolitan territory within
the period of twelve months from the date of signature of the Convention
by that Contracting State, and when such consent has been obtained
the Contracting State shall notify the Secretary General of the
United Nations. This Convention shall apply to the territory or
territories named in such notification from the date of its receipt
by the Secretary-General.
3. After the expiry of the twelve-month
period mentioned in paragraph 2 of this article, the Contracting
States concerned shall inform the Secretary-General of the results
of the consultations with those non-metropolitan territories for
whose international relations they are responsible and whose consent
to the application of this Convention may have been withheld.
Article 16
1. This Convention shall be open
for signature at the Headquarters of the United Nations from 30
August 1961 to 31 May 1962.
2. This Convention shall be open
for signature on behalf of:
(a) Any State Member of the United
Nations;
(b) Any other State invited to attend
the United Nations Conference on the Elimination or Reduction of
Future Statelessness;
(c) Any State to which an invitation
to sign or to accede may be addressed by the General Assembly of
the United Nations.
3. This Convention shall be ratified
and the instruments of ratification shall be deposited with the
Secretary-General of the United Nations.
4. This Convention shall be open
for accession by the States referred to in paragraph 2 of this article.
Accession shall be effected by the deposit of an instrument of accession
with the Secretary-General of the United Nations.
Article 17
1. At the time of signature, ratification
or accession any State may make a reservation in respect of articles
11, 14 or 15.
2. No other reservations to this
Convention shall be admissible.
Article 18
1. This Convention shall enter into
force two years after the date of the deposit of the sixth instrument
of ratification or accession.
2. For each State ratifying or acceding
to this Convention after the deposit of the sixth instrument of
ratification or accession, it shall enter into force on the ninetieth
day after the deposit by such State of its instrument of ratification
or accession or on the date on which this Convention enters into
force in accordance with the provisions of paragraph I of this article,
whichever is the later.
Article 19
1. Any Contracting State may denounce
this Convention at any time by a written notification addressed
to the Secretary-General of the United Nations. Such denunciation
shall take effect for the Contracting State concerned one year after
the date of its receipt by the Secretary-General.
2. In cases where, in accordance
with the provisions of article 15, this Convention has become applicable
to a non-metropolitan territory of a Contracting State, that State
may at any time thereafter, with the consent of the territory concerned,
give notice to the Secretary-General of the United-Nations denouncing
this Convention separately in respect to that territory. The denunciation
shall take effect one year after the date of the receipt of such
notice by the Secretary-General, who shall notify all other Contracting
States of such notice and the date of receipt thereof.
Article 20
1. The Secretary-General of the United
Nations shall notify all Members of the United Nations and the non-member
States referred to in article 16 of the following particulars:
(a) Signatures, ratifications and
accessions under article 16;
(b) Reservations under article 17;
(c) The date upon which this Convention
enters into force in pursuance of article 18;
(d) Denunciations under article 19.
2. The Secretary-General of the United
Nations shall, after the deposit of the sixth instrument of ratification
or accession at the latest, bring to the attention of the General
Assembly the question of the establishment, in accordance with article
11, of such a body as therein mentioned.
Article 21
This Convention shall be registered
by the Secretary-General of the United Nations on the date of its
entry into force.
IN WITNESS WHEREOF the undersigned
Plenipotentiaries have signed this Convention.
DONE at New York, this thirtieth
day of August, one thousand nine hundred and sixty-one, in a single
copy, of which the Chinese, English, French, Russian and Spanish
texts are equally authentic and which shall be deposited in the
archives of the United Nations, and certified copies of which shall
be delivered by the Secretary-General of the United Nations to all
members of the United Nations and to the non-member States referred
to in article 16 of this Convention.
|
