The aspiration of article 15 was given concrete form by way of two international instruments concerning statelessness, the 1954 convention relating to the status of stateless persons and the 1961 convention on the reduction of statelessness. The commentary to the convention contains frequent references to stateless. A comparative study on the benefits of nationality brad k. The study provides a brief overview of the history, object and purpose of the 1954 convention. A person who would otherwise be stateless shall acquire at birth the nationality of the party in whose territory he is born. The existence of stateless populations challenges some central tenets of international law and. The definition of stateless person in article 11 of the 1954 convention relating to the status of stateless persons, hcrgs1201, 20 february 2012 acerwc, general comment on article 6 of the african charter on the rights and welfare of the child, april 2014. Nations convention on the reduction of statelessness of 1961. States parties to the 1961 united nations convention on the reduction of statelessness 55.
Article 1 defining a stateless person is analysed and methods for practical implementation considered. Convention relating to the status of stateless persons ohchr. Aug 08, 20 rather than disappearing, the phenomenon of statelessness has grown. Parties to the 1954 convention relating to the status of stateless persons and 1961 convention on the reduction of statelessness as of 1st october 2011. The extraordinary statelessness of deepan budlakoti. The handbook also highlights the main causes of statelessness and considers how governments can ensure that the application of their nationality legislation does not inadvertently result in statelessness. Rather than disappearing, the phenomenon of statelessness has grown. A 100year history of statelessness by guest blogger on august 25, 2016 leave a comment guestblog by laura van waas, codirector of the institute on statelessness and inclusion, and assistant professor at tilburg law school. Ensuring every childs right to acquire a nationality through articles 14 of the 1961 convention on the reduction of statelessness unhcr issues these guidelines pursuant to its mandate responsibilities to address statelessness. Directoratege neral for external policies of the union.
In contrast to the limited publication policy when the full text of an agreement may not be reproduced in the unts in its entirety, the objective of applying the partial publication method to a particular situation is to speed up the publishing effort by e. Convention relating to the status of stateless persons, including protection from. 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 stateless persons who are not. Convention relating to the status of stateless persons adopted on 28 september 1954 by a conference of plenipotentiaries convened by economic and social council resolution 526 a xvii of 26 april 1954 entry into force.
Ohchr convention on the reduction of statelessness. Cedaw convention on the elimination of all forms of discrimination against women. Introductory note by the office of the united nations high commissioner for refugees unhcr the convention on the reduction of statelessness was adopted on 30 august 1961 and entered into force. This article is brought to you for free and open access by the university of minnesota law school. Nationality including statelessness analysis of changes in nationality legislation of states since 193q keyed to the hague convention on certain questions relating to the conflict of nationality lavs and the hague protocol relating to a certain case of statelessness memorandum prepared by ivan s. Statelessness met first in geneva from 24 march to 18 april 1959, and again in new york from 15 to 28 august 1961. No region of the world is free from the problems that lead to statelessness. Convention on the reduction of statelessness 1961 convention, in recognition of the need for further international cooperation and agreement to prevent. The government of sweden has examined the declaration to the convention on the reduction of statelessness made by the government of the republic of tunisia upon its accession to the convention. A stateless person shall have free access to the courts of law on the territory of.
They are not japanese, not cuban, not danish, not ugandan they do not enjoy the legal bond of nationality with any state. Considering that only those stateless persons who are also refugees are covered by the convention relating to the status of refugees of 28 july 1951, and that there are many stateless persons who are. Fighting statelessness and discriminatory nationality laws in europe laura van waas statelessness programme, tilburg law school, tilburg, the netherlands abstract the european convention on nationality opens with an articulation of the general principles upon which the instrument rests. The treaty therefore builds upon the 1997 european convention on nationality ets no. Aug 25, 2016 a 100year history of statelessness by guest blogger on august 25, 2016 leave a comment guestblog by laura van waas, codirector of the institute on statelessness and inclusion, and assistant professor at tilburg law school. A 100year history of statelessness peace palace library. Convention relating to the status of stateless persons its. International treaty examination of the 1961 convention on. It occurs in migratory situations, for example, among some expatriates who lose or. In practice those persons who, whether or not they are stateless, are refugees within the scope of the 1951 convention, in most cases have superior protections to any which are given to stateless people under the separate treaty regime relating to statelessness. Convention on status of stateless persons and consider the ratification of the 1961 convention on reduction of statelessness. Text of the 1954 convention relating to the status of. Unhcr estimates there are 12 million stateless people in the world today.
The convention on the reduction of statelessness is a 1961 united nations multilateral treaty whereby sovereign states agree to reduce the incidence of statelessness. Convention relating to the status of stateless persons. Absence of a provision on identification procedures in the civilprocedural code of. The right to nationality and the reduction of statelessness the. This is the website of official records of diplomatic conferences legal publications of the codification division of the office of legal affairs. Pdf the extraordinary statelessness of deepan budlakoti. The 1954 convention relating to the status of stateless persons lies at the heart of the international regime for protection of stateless persons. An overview is provided below on the basis of the 11 responses received. Statelessness the 1961 convention focuses exclusively on. Nov 25, 20 to undertake the functions foreseen by articles 11 and 20 of the 1961 convention on the reduction of statelessness, unhcrs mandate was expanded to cover persons falling under the terms of that.
Pages in category statelessness the following 19 pages are in this category, out of 19 total. Convention on the reduction of statelessness wikipedia. Draft convention on the reduction of future statelessness. The statelessness index is a comparative tool that assesses european countries law, policy and practice on the protection of stateless people and the prevention and reduction of statelessness against international norms and good practice. Establishing statelessness determination procedures to.
Rss subscribe to information finely tuned to your needs. Text of the 1961 convention on the reduction of statelessness. Recommendations states are encouraged to adopt a designated procedure under article 1 of the 1954 convention, designed to facilitate access to the statelessness determination process and to identify stateless persons. International treaty examination of the 1961 convention on the reduction of statelessness report of the foreign affairs, defence and trade committee contents recommendation 2 introduction 2 purpose of the convention 2 amendments to the citizenship act 1977 2 committee consideration 3 conclusion 4 appendix 5. The conference decided to use the draft convention on the reduction of statelessness as the basis for discussion, and focused on provisions aimed at reducing statelessness at birth. A growing number of states are turning to the 1961 convention for guidance on how to meet their international obligation to prevent statelessness. The challenge essentially is in determining which nationality a person may have a right to. Directoratege neral for external policies of the union policy department sqm3y83 rue wiertz 60 b1047 brussels. The government of sweden is of the view that this declaration seeks to limit the duty of tunisia not to deprive a person of its. The 1954 statelessness convention provides practical solutions for states to address the particular needs of stateless persons that guarantee their secu.
Convention on the reduction of statelessness 1961 convention, in recognition of the need for further international cooperation and agreement to prevent and reduce statelessness. Stateless peoples are marginalized not only by citizenship laws that deny them legal nationality, but also by the international communitys inattention to this human rights problem. Attached are abstracts of incomplete papers that academics will present at the two day seminar migration, stockholm and. Draft convention on the reduction of future statelessness preamble whereas the universal declaration of human rights proclaims that everyone has the right to a nationality, whereas the economic and social council has recognized that the problem of stateless persons demands the taking of joint and separate action. After the adoption of the 1951 convention, refugee situations began to arise in different regions of the world, which were not in any way related to pre1951 events. Read more about norwegian government condemns stateless children to a state of legal limbo. States party to the 1954 convention relating to the status of stateless persons. Norwegian government condemns stateless children to a state of legal limbo. However, these rules must be consistent with other international. This interactive workshop will explore the key components of an effective sdp, including evidentiary assessment, and will draw on good practices as well as specific case studies examining how statelessness is addressed differently in countries which have, or lack, sdps. The 1954 statelessness convention provides practical solutions for. States are free to elaborate the content of their nationality legislation. In the analysis on whether or not statelessness individuals are essentially rightless, as argued. State succession can lead to the emergence of a large number of stateless persons.
This led to efforts to make the convention fully applicable in all new refugee. Draft convention on the reduction of future statelessness, 1954. A stateless person shall have free access to the courts of law on the terri tory of all. Convention on the reduction of statelessness adopted on 30 august 1961 by a conference of plenipotentiaries which met in 1959 and reconvened in 1961 in pursuance of general assembly resolution 896 ix of 4 december 1954 entry into force. However, the precise number of stateless persons around the world is unknown. Jan 31, 2014 introductory note by the office of the united nations high commissioner for refugees unhcr the convention on the reduction of statelessness was adopted on 30 august 1961 and entered into force. In 2010 and 2011 tribunals in the united states, the united kingdom, and canada issued opinions that begin to explore statelessness as a form of persecution protected by the 1951 refugee convention. A stateless person shall have free access to the courts of law on the territory of all contracting. A stateless person shall enjoy in the contracting state in. Annex 2 states parties to the 1961 convention on the reduction of statelessness.
A stateless person is someone who has no nationality. To undertake the functions foreseen by articles 11 and 20 of the 1961 convention on the reduction of statelessness, unhcrs mandate was expanded to. Nationality, including statelessness analysis of changes. Convention and deals in greater detail with the genesis of the articles of the present convention. Nationality, including statelessness analysis of changes in. These terms were introduced in a study on statelessness which was prepared by the united nations secretariat and were used in both conferences. International treaty examination of the 1961 convention on the reduction of statelessness report of the foreign affairs, defence and trade committee contents recommendation 2 introduction 2 purpose of the convention 2 amendments to the citizenship act 1977 2. Synthesis of the answers to the questionnaire on statelessness in connection to the expert meeting on statelessness in budapest on december 12, a questionnaire was distributed to all participating states. It establishes the universal definition of a stateless person and provides a core set of principles for their treatment. Convention on the reduction of statelessness european. International law defines a stateless person as someone who is not considered as a national by any state under the operation of its law article 1 of the 1954 convention relating to the.
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