Convention on the Reduction of Statelessness: Difference between revisions

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Line 1: {{Short description\|1961 United Nations multilateral treaty}} {{confuse\|Convention Relating to the Status of Stateless Persons}} {{Use dmy dates\|date=October 2013}} {{~~Refimprove~~More citations needed\|date=February 2007}} {{Infobox Treaty \| name = Convention on the Reduction of Statelessness \| long_name = \| image = ~~Palestinian~~CRS ~~refugees~~members.~~jpg~~svg \| image_width = ~~200px~~300px \| caption = ~~Stateless~~<div ~~Palestinian~~style="text-align: ~~refugees,~~left">{{legend\|#008000\|states ~~1948~~parties}} {{legend\|#00ff00\|states that have signed, but not ratified}} {{legend\|#e0e0e0\|states that have not signed}}</div> \| type = \| date_drafted = \| date_signed = 30 August 1961 \| location_signed = [[New York City]] \| date_sealed = \| date_effective = 13 December 1975 \| condition_effective = 6 ratifications \| date_expiration = \| signatories = 53 \| parties = 6778 \| depositor =Secretary-General of the United Nations \| language = Line 25 ⟶ 29: }} The '''Convention on the Reduction of Statelessness''' is a 1961 United Nations [[multilateral treaty]] whereby sovereign states agree to reduce the incidence of [[statelessness]]. The Convention was originally intended as a Protocol to the [[Convention Relating to the Status of Refugees]], while the 1954 [[Convention Relating to the Status of Stateless Persons]] was adopted to cover [[statelessness\|stateless persons]] who are not refugees and therefore not within the scope of the Convention Relating to the Status of Refugees.~~{{citation~~<ref>van ~~needed\|date=September~~Waas, ~~2011}}~~Laura Ellen. Laura [http://www.institutesi.org/Nationality_Matters.pdf Nationality Matters: Statelessness under International Law], p.21</ref> ==Statelessness prior to World War II== ~~While one~~One case of statelessness was identified in the ''Protocol relating to a Certain Case of Statelessness'' ~~agreed~~ at the [[~~The~~League ~~Hague]]~~of onNations 12Codification ~~April~~Conference, 1930]] in [[The Hague]]: "In a State whose nationality is not conferred by the mere fact of birth in its territory, a person born in its territory of a mother possessing the nationality of that State and of a father without nationality or of unknown nationality shall have the nationality of the said State." ~~Overtime~~Over time, many signatories have adjusted their laws to ensure this rule remains true. (For example, in [[Australian nationality law]], a child born in the country acquires citizenship if any parent is a citizen). However, despite this, many cases remained ambiguous or uncovered primarily due to the fact that a person did not always receive the nationality of its parents, or was born in a certain place and not always provided citizenship of that state.<ref>~~http~~{{Cite web \|last= \|first= \|year=1930 \|orig-date=12 January 1930 \|title=Protocol Relating to a Certain Case of Statelessness \|url=https://www.refworld.org/docid/3ae6b39520.html \|url-status=live \|archive-url=https://web.archive.org/web/20220119111743/https://www.refworld.org/docid/3ae6b39520.html \|archive-date=19 January 2022 \|access-date=15 April 2022 \|website=Refworld \|publisher=[[League of Nations]] \|language=en}}</ref> The [[Nansen International Office For Refugees]], an organization of the [[League of Nations]], was internationally in charge of refugees from war areas from 1930 to 1939. It received the [[Nobel Peace Prize]] in 1938. Their [[Nansen passports]], designed in 1922 by founder [[Fridtjof Nansen]], were internationally recognized identity cards first issued by the League of Nations to stateless refugees. In 1942 they were honored by governments in 52 countries and were the first [[refugee travel document]]s. Line 35 ⟶ 39: [[Image:UN General Assembly.jpg\|thumb\|right\|The Room of the United Nations General Assembly where Resolution was passed in 1949 which inspired the adoption of the [[Convention Regarding the Status of Stateless Persons]] in 1954 and the completion of the 1961 Convention on the Reduction of Statelessness]] Migrations ~~forced~~due ~~from~~to political instability during [[World War II]] and its immediate aftermath highlighted the international dimensions of problems presented by unprecedented volumes of displaced persons including those rendered effectively stateless. Dating from December 1948, the [[Universal Declaration of Human Rights]] at Article 15 affirms that: Line 44 ⟶ 48: At the Fourth [[UN General Assembly\|United Nations General Assembly]] Session in October–December 1949, the [[International Law Commission]] included the topic "Nationality, ''including statelessness''" in its list of topics of international law provisionally selected for codification. At the behest of the [[United Nations Economic and Social Council]] (ECOSOC) in its 11th Session soon after, that item was given priority. The Convention Relating to the Status of Refugees was done on 28 July 1951. It was originally desired to cover 'refugees ''and'' stateless persons',; however, agreement was not reached with respect to the latter. The International Law Commission at its fifth session in 1953 produced both a Draft Convention on the ''Elimination'' of Future Statelessness, and a Draft Convention on the ''Reduction'' of Future Statelessness. ECOSOC approved both drafts. The 1954 Convention Relating to the Status of Stateless Persons was done in September 1954 (''The Status Convention'').<ref>~~http~~{{Cite book \|url=https://www.unhcr.org/protect/PROTECTION/3bbb25729.pdf \|title=Convention Relating to the Status of Stateless Persons \|publisher=[[UNHCR]] \|year=1954 \|location=[[Geneva]], Switzerland \|language=en}}</ref> This completed the unfinished work of the Refugee Convention three years prior. On 4 December 1954 the UN General Assembly by Resolution<ref>[http://daccessdds.un.org/doc/RESOLUTION/GEN/NR0/096/31/IMG/NR009631.pdf?OpenElement Ods Home Page<!-- Bot generated title -->]{{dead link\|date=August 2017 \|bot=InternetArchiveBot \|fix-attempted=yes }}</ref> adopted both drafts as the basis of its desire for a conference of [[plenipotentiary\|plenipotentiaries]] and an eventual Convention. ~~==General principles==~~ ~~The Convention works to create norms and to codify and confirm certain presumptions and principles of [[customary international law]] existing at the time of its formation. Among these would be:~~ * States have absolute sovereignty to confer their nationality on any person for any reason * otherwise stateless persons may take the nationality of the place of their birth or of the place where they were found (in the case of a [[child abandonment\|foundling]]), otherwise they may take the nationality of one of their parents (in each case possibly subject to a qualifying period of residence in that State)▼ * a stateless person has some time beyond attaining adulthood to seek to claim the benefit of the Convention. That time is always at least three years from the age of eighteen.▼ * the benefit of the Convention may be claimed by guardians on behalf of children▼ * States may impose a period of residence qualification for granting nationality to persons who may be otherwise stateless. That period is a maximum five years immediately prior to application and maximum of ten years overall.▼ * disloyal or certain criminal conduct may limit an individual's ability to avail the benefit of the Convention▼ * [[birth aboard aircraft and ships\|birth on a sea vessel or aircraft]] may attract the nationality of the flag of that vessel or craft▼ ==How the convention works to reduce statelessness== In respect of contracting states: ~~'stateless~~ "Stateless birth'" on their territory attracts the grant of their nationality (article 1). ▲ ~~otherwise~~Otherwise stateless persons may take the nationality of the place of their birth or of the place where they were found (in the case of a [[child abandonment\|foundling]]), otherwise they may take the nationality of one of their parents (in each case possibly subject to a qualifying period of residence in that State) (article 2). transfer of territory between states must occur in a manner that avoids the occurrence of statelessness for persons residing in the territory transferred. When a State acquires territory, the inhabitants of that territory presumptively acquire the nationality of that State.▼ ▲ aA stateless person has some time beyond attaining adulthood to seek to claim the benefit of the Convention. That time is always at least three years from the age of eighteen (article 1(5)). persons otherwise stateless shall be able to take the nationality of one of their parents (possibly subject to a period of prior residence not more than three years)▼ ▲~~transfer~~ Transfer of territory between states must occur in a manner that avoids the occurrence of statelessness for persons residing in the territory transferred. When a State acquires territory, the inhabitants of that territory presumptively acquire the nationality of that State (article 10). absent circumstances of fraudulent application or disloyalty toward the contracting state, deprivations and renunciations of [[citizenship]] shall only take effect where a person has or subsequently obtains another nationality in replacement▼ ▲~~persons~~ Persons otherwise stateless shall be able to take the nationality of one of their parents (possibly subject to a period of prior residence not more than three years) (article 4). the [[United Nations High Commissioner for Refugees]] (UNHCR) will issue [[travel document]]s evidencing nationality to persons, otherwise stateless, having a claim of nationality under the convention▼ ▲~~absent~~ Absent circumstances of fraudulent application or disloyalty toward the contracting state, deprivations and renunciations of [[citizenship]] shall only take effect where a person has or subsequently obtains another nationality in replacement (article 8). ▲~~the~~ The [[United Nations High Commissioner for Refugees]] (UNHCR) will issue [[travel document]]s evidencing nationality to persons, otherwise stateless, having a claim of nationality under the convention. ▲ [[birth aboard aircraft and ships\|~~birth~~Birth on a sea vessel or aircraft]] may attract the nationality of the flag of that vessel or craft (article 3). ▲* ~~disloyal~~Disloyal or certain criminal conduct may limit an individual's ability to avail the benefit of the Convention (article 8). ▲* ~~the~~The benefit of the Convention may be claimed by guardians on behalf of children (article 1(1)). ▲* States may impose a period of residence qualification for granting nationality to persons who may be otherwise stateless. That period is a maximum five years immediately prior to application and maximum of ten years overall (article 1(2)). ==Substantive provisions of the convention== Line 116: : The Convention is not to be construed to detract from any law or treaty provision otherwise aiding the reduction of statelessness. ; Article 14 : Disputes by ~~Contacting~~Contracting States concerning the Convention are susceptible to final adjudication by the [[International Court of Justice]]. ; Article 15 : The Convention applies to all trust, non-self-governing, colonial, and non-metropolitan territories of Contracting States. Line 123: ==Contracting states== As of May 2021, 76 states have [[ratification\|ratified]] or [[Vienna Convention on the Law of Treaties\|acceded]] to the convention.<ref>{{Cite news \|url=http://www.unhcr.org/protection/statelessness/3bbb24d54/states-parties-1961-convention-reduction-statelessness.html\|title=States Parties to the 1961 Convention on the Reduction of Statelessness\|last=Refugees\|first=United Nations High Commissioner for\|work=UNHCR\|access-date=2018-01-16\|language=en}}</ref> In comparison, 145 countries have ratified the [[Convention Relating to the Status of Refugees]].<ref>{{Cite news \|last= \|first= \|title=The 1951 Refugee Convention \|url=https://www.unhcr.org/1951-refugee-convention.html \|url-status=live \|archive-url=https://web.archive.org/web/20220411095547/https://www.unhcr.org/1951-refugee-convention.html \|archive-date=2022-04-11 \|access-date=2022-04-15 \|website=UNHCR \|language=en}}</ref> ~~As of the end of May 2016, there are 67 states which have [[ratification\|ratified]] or [[Vienna Convention on the Law of Treaties\|acceded]] to the convention:<ref>~~ [http://www.unhcr.org/protection/statelessness/3bbb24d54/states-parties-1961-convention-reduction-statelessness.html Convention on the Reduction of Statelessness contracting parties]</ref> In comparison, 145 countries have ratified the [[Convention Relating to the Status of Refugees]].<ref>[http://www.unhcr.org/protection/basic/3b73b0d63/states-parties-1951-convention-its-1967-protocol.html Convention Relating to the Status of Refugees contracting parties]</ref> ==See also== Line 131 ⟶ 130: [[Naturalization]] [[Nansen International Office for Refugees]] [[Nationality]] [[Refugee]] and [[Refugee law]] [[Statelessness]] Line 141 ⟶ 140: ==External links== [http://legal.un.org/ilc/texts/instruments/english/conventions/6_1_1961.pdf Full Convention text] * [http://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=V-4&chapter=5&lang=en Signatures and ratifications] {{Webarchive\|url=https://web.archive.org/web/20101227161917/http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=V-4&chapter=5&lang=en \|date=27 December 2010 }} * [http://www.unhcr.org/protect/PROTECTION/41b4790b4.pdf Map showing State Parties] * [http://www.unhcr.org/cgi-bin/texis/vtx/protect/opendoc.pdf?tbl=PROTECTION&id=416113864 Declarations and Reservations to the Convention as of 20 September 2006] Line 170 ⟶ 169: [[Category:Treaties of Chad]] [[Category:Treaties of Colombia]] [[Category:Treaties of the Republic of the Congo]] [[Category:Treaties of Costa Rica]] [[Category:Treaties of Croatia]] Line 181: [[Category:Treaties of Guatemala]] [[Category:Treaties of Guinea]] [[Category:Treaties of Haiti]] [[Category:Treaties of Honduras]] [[Category:Treaties of Hungary]] Line 210 ⟶ 211: [[Category:Treaties of Rwanda]] [[Category:Treaties of Moldova]] [[Category:Treaties of São Tomé and Príncipe]] [[Category:Treaties of Senegal]] [[Category:Treaties of Serbia]] [[Category:Treaties of Sierra Leone]] [[Category:Treaties of Slovakia]] [[Category:Treaties of ~~Swaziland~~Spain]] [[Category:Treaties of Eswatini]] [[Category:Treaties of Sweden]] [[Category:Treaties of Tunisia]] Line 222 ⟶ 225: [[Category:Treaties of Uruguay]] [[Category:Nationality treaties]] [[Category:1961 in New York ~~(state)~~City]] [[Category:Treaties extended to Bermuda]] [[Category:Treaties extended to the Cayman Islands]]