Attachments
UNHCR issues these Guidelines pursuant to its mandate responsibilities to address statelessness. These responsibilities were initially limited to stateless persons who were refugees as set out in paragraph 6(A)(II) of the UNHCR Statute and Article 1(A)(2) of the 1951 Convention relating to the Status of Refugees. To undertake the functions foreseen by Articles 11 and 20 of the 1961 Convention on the Reduction of Statelessness, UNHCR’s mandate was expanded to cover persons falling under the terms of that Convention by General Assembly Resolutions 3274 (XXIX) of 1974 and 31/36 of 1976. The Office was entrusted with responsibilities for stateless persons generally under UNHCR Executive Committee Conclusion 78, which was endorsed by the General Assembly in Resolution 50/152 of 1995. Subsequently, in Resolution 61/137 of 2006, the General Assembly endorsed Executive Committee Conclusion 106 which sets out four broad areas of responsibility for UNHCR: the identification, prevention and reduction of statelessness and the protection of stateless persons.
These Guidelines draw on the Summary Conclusions of the Expert Meeting on Interpreting the 1961 Statelessness Convention and Avoiding Statelessness Resulting from Loss and Deprivation held in Tunis, Tunisia on 31 October-1 November 2013 (“Tunis Conclusions”) and the Expert Meeting on Developments related to Deprivation of Nationality held in Geneva, Switzerland on 5-6 December 2018. They are intended to provide interpretative guidance for governments, NGOs, legal practitioners, decision-makers and the judiciary, as well as for UNHCR staff and other UN agencies involved in addressing statelessness.
I. INTRODUCTION
A. Overview
-
The object and purpose of the 1961 Convention on the Reduction of Statelessness (“1961 Convention”) is to prevent and reduce statelessness, thereby helping to ensure every individual’s fundamental right to a nationality. In line with this objective, the 1961 Convention establishes rules on acquisition, renunciation, loss and deprivation of nationality that are intended to minimize statelessness.
-
These Guidelines are focused on Articles 5-9 of the 1961 Convention, which set standards on the permissibility of loss and deprivation of the nationality of a Contracting State. Articles 5-7 of the 1961 Convention pertain to loss of nationality and Article 8 pertains to deprivation of nationality. Article 9 categorically prohibits deprivation of nationality on certain discriminatory grounds. Contracting States are not permitted to make reservations to Articles 5-9 of the 1961 Convention.
-
While not all States are party to the 1961 Convention, all States have obligations concerning loss and deprivation of nationality pursuant to the prohibition of arbitrary deprivation of nationality. All States also have certain relevant international human rights law obligations as discussed in Part III of these Guidelines.
-
These Guidelines are primarily intended to assist States, UNHCR, and other actors to interpret and apply Articles 5-9 of the 1961 Convention.