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4. C
ONVENTION ON THE
R
EDUCTION OF
S
TATELESSNESS
New York, 30 August 1961
ENTRY INTO FORCE:
.
13 December 1975, in accordance with article 18.
13 December 1975, No. 14458.
Signatories: 5. Parties: 80.
United Nations,
Treaty Series
, vol. 989, p. 175.
REGISTRATION:
STATUS:
TEXT:
Note:
The Convention was adopted and opened for signature by the United Nations Conference on the Elimination or
Reduction of Future Statelessness, convened by the Secretary-General of the United Nations pursuant to General Assembly
resolution
896 (IX)
1
of 4 December 1954. The Conference met at the European Office of the United Nations at Geneva from
24 March to 18 April 1959 and reconvened at the Headquarters of the United Nations at New York from 15 to 28 August
1961; C.N.472.2011.TREATIES-2 of 19 July 2011 (proposal of corrections to the original text of the Convention (Spanish
version) and to the certified true copies).
.
Participant
Signature
Accession(a),
Succession(d),
Ratification
2003 a
2019 a
2014 a
1994 a
1973 a
1972 a
1996 a
2014 a
2015 a
2011 a
1983 a
1996 a
2007 a
2012 a
2017 a
1978 a
1999 a
2018 a
2014 a
2023 a
1977 a
2013 a
2011 a
2001 a
1977 a
2012 a
Participant
Signature
Accession(a),
Succession(d),
Ratification
1999 a
2008 a
2014 a
2014 a
1977 a
2001 a
2014 a
2016 a
2018 a
2012 a
2009 a
2021 a
1973 a
2015 a
2013 a
1983 d
1992 a
2004 a
2004 a
1989 a
2009 a
2013 a
2017 a
2016 a
2013 a
2014 a
1
Albania......................................................... 9 Jul
Angola ......................................................... 7 Oct
Argentina .....................................................13 Nov
Armenia .......................................................18 May
Australia.......................................................13 Dec
Austria .........................................................22 Sep
Azerbaijan....................................................16 Aug
Belgium ....................................................... 1 Jul
Belize ...........................................................14 Aug
Benin............................................................ 8 Dec
Bolivia (Plurinational
State of).................................................. 6 Oct
Bosnia and
Herzegovina ...........................................13 Dec
Brazil ...........................................................25 Oct
Bulgaria .......................................................22 Mar
Burkina Faso................................................ 3 Aug
Canada .........................................................17 Jul
Chad.............................................................12 Aug
Chile.............................................................11 Apr
Colombia .....................................................15 Aug
Congo...........................................................10 Oct
Costa Rica.................................................... 2 Nov
Côte d'Ivoire ................................................ 3 Oct
Croatia .........................................................22 Sep
Czech Republic............................................19 Dec
Denmark ......................................................11 Jul
Dominican Republic ....................................
5 Dec 1961
Ecuador........................................................24 Sep
Eswatini .......................................................16 Nov
Finland ......................................................... 7 Aug
France ..........................................................
31 May 1962
Gambia......................................................... 1 Jul
Georgia ........................................................ 1 Jul
Germany
2,3
...................................................31 Aug
Guatemala....................................................19 Jul
Guinea..........................................................17 Jul
Guinea-Bissau..............................................19 Sep
Haiti .............................................................27 Sep
Honduras......................................................18 Dec
Hungary .......................................................12 May
Iceland .........................................................26 Jan
Ireland..........................................................18 Jan
Israel ............................................................
30 Aug 1961
Italy.............................................................. 1 Dec
Jamaica ........................................................ 9 Jan
Kiribati.........................................................29 Nov
Latvia ...........................................................14 Apr
Lesotho ........................................................24 Sep
Liberia..........................................................22 Sep
Libya............................................................16 May
Liechtenstein................................................25 Sep
Lithuania......................................................22 Jul
Luxembourg.................................................21 Sep
Mali..............................................................27 May
Montenegro.................................................. 5 Dec
Mozambique ................................................ 1 Oct
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Participant
Signature
Accession(a),
Succession(d),
Ratification
1985
2006 a
2013 a
1985 a
2011 a
2020 a
1971 a
2011 a
2012 a
2014 a
2022 a
2012 a
2012 a
2006 a
Participant
Signature
Accession(a),
Succession(d),
Ratification
2006 a
2024 a
2005 a
2011 a
2016 a
2000 a
2018 a
1969 a
2021 a
2000 a
2012 a
2013 a
Netherlands (Kingdom
of the)
4
....................................................13 May
30 Aug 1961
New Zealand
5
..............................................20 Sep
Nicaragua.....................................................29 Jul
Niger ............................................................17 Jun
Nigeria .........................................................20 Sep
North Macedonia ......................................... 3 Jan
Norway ........................................................11 Aug
Panama......................................................... 2 Jun
Paraguay ...................................................... 6 Jun
Peru..............................................................18 Dec
Philippines ...................................................24 Mar
Portugal........................................................ 1 Oct
Republic of Moldova ...................................19 Apr
Romania.......................................................27 Jan
Rwanda ........................................................ 4 Oct
Sao Tome and Principe................................15 Jan
Senegal.........................................................21 Sep
Serbia ........................................................... 7 Dec
Sierra Leone................................................. 9 May
Slovakia ....................................................... 3 Apr
Spain ............................................................25 Sep
Sweden.........................................................19 Feb
Togo.............................................................14 Jul
Tunisia .........................................................12 May
Turkmenistan ...............................................29 Aug
Ukraine ........................................................25 Mar
United Kingdom of
Great Britain and
Northern Ireland
6
...................................29 Mar
30 Aug 1961
Uruguay .......................................................21 Sep
1966
2001 a
Declarations and Reservations
(Unless otherwise indicated, the declarations and reservations were made
upon ratification, accession or succession.)
A
RGENTINA
On the occasion of its accession to the Convention on
the Reduction of Statelessness, adopted in New York on
30 August 1961, the Republic of Argentina objects and
rejects the attempt to extend the territorial application of
this instrument to the Malvinas Islands made by the
United Kingdom of Great Britain and Northern Ireland
upon ratification.
The Argentine Government recalls that the Malvinas
Islands, South Georgia Islands and South Sandwich
Islands and the surrounding maritime areas are an integral
part of the Argentine national territory and, being illegally
occupied by the United Kingdom of Great Britain and
Northern Ireland, are the subject of a sovereignty dispute
between the two countries which is recognized by several
international organizations.
In this connection, the General Assembly of the
United Nations has adopted resolutions 2065 (XX), 3160
(XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19
and 43/25, in which the sovereignty dispute referred to as
the “Question of the Malvinas Islands” is recognized and
the Governments of the Argentine Republic and the
United Kingdom of Great Britain and Northern Ireland
are urged to resume negotiations in order to find as soon
as possible a peaceful and lasting solution to the dispute.
Concurrently, the Special Committee on Decolonization
of the United Nations has repeatedly affirmed this view,
most recently in its resolution adopted on 26 June 2014.
Also, the General Assembly of the Organization of
American States adopted, on 5 June 2014, a new
pronouncement, in similar terms, on the question.
The Argentine Government reaffirms its legitimate
sovereign rights over the Malvinas Islands, South Georgia
Islands and South Sandwich Islands and the surrounding
maritime areas, as well asover the Argentine Antarctic
Sector.
A
USTRIA
"Austria declares to retain the right to deprive a person
of his nationality, if such person enters, on his own free
will, the military service of a foreign State.
"Austria declares to retain the right to deprive a person
of his nationality, if such person being in the service of a
foreign State, conducts himself in a manner seriously
prejudicial to the interests or to the prestige of the
Republic of Austria."
B
ELGIUM
- Declaration concerning article 2 of the Convention:
The Belgian Government declares that, for Belgium,
the category of “foundlings” concerns found children who
are believed to be newborn.
- Declaration concerning article 8, paragraph 3 of the
Convention:
Belgium reserves the right to deprive of his nationality
a person who did not acquire it by virtue of a Belgian
individual on the day of his birth, or who was not granted
it under the Belgian Nationality Code, in the cases
currently provided for under Belgian legislation, namely:
1. If the person acquired Belgian nationality through
fraudulent conduct, provision of false information,
forgery and/or the use of false or falsified documents,
identity fraud or fraudulent acquisition of the right of
residency;
2. If he seriously violates his duties as a Belgian
citizen;
3. If he has been sentenced as perpetrator, co-
perpetrator or accomplice, to a non-suspended prison
sentence of at least five years for one of the following
offences:
- Attacks or plots against the King, the Royal Family
or the Government;
2
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- Crimes or misdemeanours against the external
security of the State;
- Crimes or misdemeanours against the internal
security of the State;
- Serious violations of international humanitarian law;
- Terrorist offences;
- Threat of attack against persons or property, and
false information regarding serious attacks;
- Theft or extortion of nuclear materials;
- Offences relating to the physical protection of
nuclear materials;
- Human trafficking;
- People smuggling;
4. If he has been sentenced as perpetrator, co-
perpetrator or accomplice, to a non-suspended prison
sentence of at least five years for an offence that was
manifestly facilitated by the possession of Belgian
nationality, provided that the offence was committed
within five years of the acquisition of Belgian nationality.
B
RAZIL
7
On 10 December 2009, the Secretary-General received
from the Government of Brazil, the following
communication:
In reference to the instrument of accession relating to
the Convention on the Reduction of Statelessness,
concluded in New York on 30 August 1961, the
Government of the Federative Republic of Brazil declares
that, in accordance with Article 8, paragraph 3, sub-
paragraph “a”, item “ii”of the Convention, the Federative
Republic of Brazil retains the right to deprive a person of
his nationality when he conducts himself in a manner
seriously prejudicial to the vital interests of the Brazilian
State.
The Secretary-General also wishes to communicate
the following information received by the Government of
Brazil on 18 December 2009 (Original: English):
“The National Congress of Brazil approved the text of
the Convention on the Reduction of Statelessness by
means of Legislative Decree n. 274, of 4 October 2007. In
accordance with Legislative Decree n. 274/2007, the text
of the Convention is approved expressly with the
restriction allowed for in article 8 (3) (a) (ii) of the
Convention, so that the Federative Republic of Brazil
retains the right to deprive a person of his nationality
when he conducts himself in a manner seriously
prejudicial to the vital interests of the Brazilian State.” In
this regard, it is noted that the instrument of accession to
the Convention deposited by Brazil with the Secretary-
General on 25 October 2007 did not specify the above
restriction, in accordance with article 8 (3) of the
Convention.
C
OLOMBIA
In accordance with the provisions of article 17 (1) of
the Convention, the Republic of Colombia makes a
reservation to article 14 to the effect that it does not
recognize the jurisdiction of the International Court of
Justice with regard to the disputes that may arise between
Contracting States concerning the interpretation or
application of the Convention.
F
RANCE
At the time of signature of this Convention, the
Government of the French Republic declares that it
reserves the right to exercise the power available to it
under article 8 (3) on the terms laid down in that
paragraph, when it deposits the instrument of ratification
of the Convention.
The Government of the French Republic also declares,
in accordance with article 17 of the Convention, that it
makes a reservation in respect of article 11, and that
article 11 will not apply so far as the French Republic is
concerned.
The Government of the French Republic further
declares, with respect to article 14 of the Convention, that
in accordance with article 17 it accepts the jurisdiction of
the Court only in relation to States Parties to this
Convention which shall also have accepted its jurisdiction
subject to the same reservations; it also declares that
article 14 will not apply when there exists between the
French Republic and another party to this Convention an
earlier treaty providing another method for the settlement
of disputes between the two States.
G
EORGIA
“… Georgia formally confirms the accession to the
Convention and in accordance with paragraph 3 of Article
8 of the Convention declares:
- Georgia retains the right to deprive the person of his
nationality, that results in a loss of nationality
(citizenship), as provided by the Organic Law of Georgia
on the Citizenship of Georgia;
- The entry into force of the UN Convention on the
Reduction of Statelessness of 30 August 1961 for Georgia
cannot be construed as recognition of citizenship granted
by the Russian Federation in violation of international law
and Georgian legislation to the population residing in the
Georgian regions - Abkhazia and Tshkhinvali Region.”
G
ERMANY
3
The Federal Republic of Germany will apply the said
Convention:
(a) in respect of elimination of statelessness, to
persons who are stateless under the terms of article 1,
paragraph 1, of the Convention relating to the Status of
Stateless Persons of 28 September 1954;
(b) in respect of prevention of statelessness and
retention of nationality, to German nationals within the
meaning of the Basic Law (Constitution) for the Federal
Republic of Germany.
I
RELAND
"In accordance with paragraph 3 of article 8 of the
Convention Ireland retains the right to deprive a
naturalised Irish citizen of his citizenship pursuant to
section 19 (1) (b) of the Irish Nationality and Citizenship
Act, 1956, on grounds specified in the aforesaid
paragraph."
I
TALY
At the time of the deposit of the instrument of
accession, the [Italian] Government avails itself of the
right provided for under article 8, paragraph 3, of the
Convention…
J
AMAICA
“Upon acceding to the Convention on the Reduction
of Statelessness, the Government of Jamaica declares,
pursuant to Article 8 of the Convention, that it retains the
right under its laws to deprive a person of his or her
nationality in the circumstances outlined in Paragraph 3 of
that Article in the Convention.”
L
ITHUANIA
“… In accordance with paragraph 3 of Article 8 of the
Convention, … the Republic of Lithuania declares that
the Republic of Lithuania retains the right to deprive a
person of his nationality on the grounds of the deprivation
of nationality of the Republic of Lithuania, as provided
for in paragraphs 4 and 6 of Article 24 of the Law of the
Republic of Lithuania on Citizenship.”
N
EW
Z
EALAND
"[New Zealand] declares that in accordance with
paragraph 3 of article 8 of the Convention New Zealand
retains the right to deprive a person of his New Zealand
citizenship on the following grounds, being grounds
existing in New Zealand law at the present time:
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the person has, while a New Zealand citizen and while
of or over the age of 18 years and of full capacity,
(a) Acquired the nationality or citizenship of another
country by any voluntary and formal act, and acted in a
manner that is contrary to the interests of New Zealand; or
(b) Voluntarily exercised any of the privileges or
performed any of the duties of another nationality or
citizenship possessed by him in a manner that is contrary
to the interests of New Zealand."
N
IGER
With reservations in respect of articles 11, 14 and 15.
S
PAIN
Considering the scope of the application of the present
Convention, Spain wishes to formulate the following
declaration:
1. Gibraltar is a Non-Self-Governing Territory for
whose international relations the Government of the
United Kingdom is responsible and which is subject to a
process of decolonization in accordance with the relevant
decisions and resolutions of the General Assembly.
2. The authorities of Gibraltar are local in character,
and exercise competences exclusively over domestic
affairs that originate in and are based on the powers
allocated to and conferred on them by the United
Kingdom, in accordance with its domestic legislation and
in its capacity as the sovereign State upon which depends
the said Non-Self-Governing Territory.
3. Consequently, any involvement by the Gibraltarian
authorities in the implementation of this Treaty shall be
understood to take place exclusively within the
framework of the domestic jurisdiction of Gibraltar and
shall not be considered to affect in any way the content of
the two preceding paragraphs.
4. The procedure envisaged in the Arrangements
relating to Gibraltar authorities in the context of Mixed
Agreements (2007), which was agreed by Spain and the
United Kingdom on 19 December 2007 and notified to
the Secretary-General of the Council of the European
Union, applies to this Convention.
Under article 8 (3) (a), the Government of Spain
declares that it reserves the right to deprive a person of
Spanish nationality when he enters voluntarily the service
of the armed forces, or holds political office, in a foreign
State against the express prohibition of the Government.
T
OGO
... in accordance with the provisions of Article 8,
paragraph 3, of the Convention, the Togolese Republic
retains the right to deprive a person of the Togolese
nationality, in application of Togolese legislation relating
to Togolese nationality, in particular for the following
reasons:
- if the person who has acquired Togolese nationality
engages in activities prejudicial to the interests of Togo;
- if the person who has acquired Togolese nationality
has been sentenced, for an act qualified as a crime under
Togolese law, to more than five years of imprisonment
without parole.
T
UNISIA
8
[The Government of Tunisia] declares that it does not
consider itself bound by the provisions of article 11
concerning the establishment of a body responsible for
assisting in the presentation of claims to obtain nationality
to the appropriate authorities, or of article 14, which
provides for the competence of the International Court of
Justice to rule on disputes concerning the interpretation or
application of the Convention.
The Republic of Tunisia declares that, in accordance
with article 8, paragraph 3, of the [Convention] , it retains
the right to deprive a person of Tunisian nationality in the
following circumstances as provided for in its existing
national law:
1. If he occupies a post in the public service of a
foreign State or in foreign armed forces and retains it for
more than one month after being enjoined by the
Government of Tunisia to leave the post, unless it is
found that it was impossible for him to do so.
2. If he is convicted of an act held to be a crime or
an offence against the external or internal security of the
State.
3. If he engages, for the benefit of a foreign State,
in acts which are incompatible with his status as a
Tunisian national and which are prejudicial to Tunisia's
interests.
4. If he is convicted in Tunisia or abroad for an act
held to be a crime under Tunisian law and carrying a
sentence of at least five years' imprisonment.
5. If he is convicted of evading his obligations
under the law regarding recruitment into the armed forces.
6. If it is discovered, subsequent to issuance of the
naturalization certificate, that the person concerned did
not fulfil the conditions required by law allowing him to
be naturalized.
7. If the alien has made a false declaration,
employed fraudulent means or knowingly submitted a
document containing a false or incorrect statement for the
purpose of obtaining naturalization.
U
NITED
K
INGDOM OF
G
REAT
B
RITAIN AND
N
ORTHERN
I
RELAND
"[The Government of the United Kingdom declares
that], in accordance with paragraph 3 (a) of Article 8 of
the Convention, notwithstanding the provisions of
paragraph 1 of Article 8, the United Kingdom retains the
right to deprive a naturalised person of his nationality on
the following grounds, being grounds existing in United
Kingdom law at the present time: that, inconsistently
with his duty of loyalty to Her Britannic Majesty, the
person
"(i) Has, in disregard of an express prohibition of
Her Britannic Majesty, 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 Her Britannic Majesty."
Objections
(Unless otherwise indicated, the objections were made
upon ratification, accession or succession.)
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B
ELGIUM
The Kingdom of Belgium has carefully examined
declaration made by the Togolese Republic upon
accession on 14 July 2021 to the Convention on
Reduction of Statelessness, done at New York on
August 1961 (hereinafter “the Convention”),
accordance with Article 8, paragraph 3.
the
its
the
30
in
The Kingdom of Belgium considers that the fact of
having been sentenced, for an act qualified as a crime
under Togolese law, to more than five years of
imprisonment without parole does not constitute a
permissible ground for deprivation of nationality under
the exceptions provided for by Article 8 of the
Convention. Consequently, the Kingdom of Belgium
considers that the second indent of the declaration made
by the Togolese Republic constitutes a reservation
contrary to the object and purpose of the Convention. It
recalls that under the terms of Article 19 of the Vienna
Convention on the Law of Treaties, a State may not
formulate a reservation incompatible with the object and
purpose of a treaty.
Consequently, the Kingdom of Belgium objects to the
second indent of the declaration made by the Togolese
Republic to the Convention on the Reduction of
Statelessness.
This objection shall not preclude the entry into
force of the Convention between the Kingdom of Belgium
and the Togolese Republic.
F
INLAND
<Right>7 August 2008</Right>
“The Government of Finland has examined the
declaration made by the Government of the Republic of
Tunisia to the Convention on the Reduction of
Statelessness. The Government of Finland holds the view
that such a declaration seeks to limit the duty of the
Republic of Tunisia not to deprive a person of its
nationality if such deprivation would render him or her
stateless to an extent not covered by the exceptions of
Article 8 paragraph 3 of the Convention. The declaration
therefore amounts to a reservation which restricts one of
the essential duties of the Convention in a way contrary to
the object and purpose of the Convention.
The Government of Finland therefore objects to the
declaration made by the Government of the Republic of
Tunisia in respect of Article 8 of the Convention on the
Reduction of Statelessness.
This objection does not preclude the entry into force of
the Convention between the Republic of Tunisia and
Finland. The Convention will thus become operative
between the two States without the Republic of Tunisia
benefiting from the said declaration.”
“The Government of Finland was pleased to learn that
the Togolese Republic has become party to the
Convention on the Reduction of Statelessness. However,
the Government of Finland has carefully examined the
declaration to the Convention made by the Togolese
Republic upon accession and is of the view that it raises
certain concerns.
The Government of Finland is of the view that the
second indent of the declaration made by the Togolese
Republic seeks to limit the obligation of the Togolese
Republic not to deprive a person of its nationality if such
deprivation would render him or her stateless to an extent
not covered by the exceptions of Article 8, paragraph 3, of
the Convention. The declaration therefore amounts to a
reservation, which restricts one of the essential
obligations under the Convention and is as such contrary
to the object and purpose of the Convention and is
accordingly not permitted under Article 19, sub-paragraph
(c), of the Vienna Convention on the Law of Treaties.
The Government of Finland therefore objects to the
reservation contained in the second indent of the
declaration made by the Togolese Republic. This
objection does not preclude the entry into force of the
Convention between the Republic of Finland and the
Togolese Republic. The Convention will thus continue to
operate between the two States without the Togolese
Republic benefiting from the said reservation.”
G
ERMANY
"The Government of the Federal Republic of Germany
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. The Government of the Federal Republic of
Germany holds the view that such a declaration seeks to
limit the duty of a state not to deprive a person of its
nationality if such deprivation would render him stateless
in an extent which is not covered by the exceptions of
Article 8 paragraph 3 of the Convention. The declaration
therefore restricts one of the essential duties of the
Convention in a way contrary to the essence of the
Convention. It is hence incompatible with the object and
purpose of the Convention.
The Government of the Federal Republic of Germany
therefore objects to the declaration made by the
Government of the Republic of Tunisia in respect of
Article 8 of the Convention on the Reduction of
Statelessness.
This objection does not preclude the entry into force of
the Convention between the Federal Republic of Germany
and the Republic of Tunisia."
The Permanent Mission of the Federal Republic of
Germany to the United Nations presents its compliments
to the Office of the Secretary-General of the United
Nations and, has the honour to communicate to the
Secretary-General of the United Nations, in his capacity
as depositary of the Agreement of 30 August 1961 on the
Reduction of Statelessness, the following:
Upon accession to the Convention of August 30, 1961
on the Reduction of Statelessness (hereinafter referred to
as “the Convention”) on July 14, 2021, the Togolese
Republic declared “in accordance with the provisions of
Article 8, paragraph 3, of the Convention [that] the
Togolese Republic retains the right to deprive a person of
the Togolese nationality, in application of Togolese
legislation relating to Togolese nationality, in particular
for the following reasons:
-
if the person who has acquired Togolese
nationality engages in activities prejudicial to the interests
of Togo;
-
if the person who has acquired Togolese
nationality has been sentenced, for an act qualified as a
crime under Togolese law, to more than five years of
imprisonment without parole.”
While the Federal Republic of Germany acknowledges
that activities directed against the interests of the
Togolese Republic, as referred to in the first indent of the
reservation by Togolese Republic, may be compatible
with Article 8(3)(a)(ii) of the Convention, it holds that the
reservation to Article 8(3) of the Convention formulated
in the second indent is not a permissible ground for
deprivation of nationality under the exceptions allowed in
the Convention. Therefore, the reservation by the
Togolese Republic is incompatible with the object and
purpose of the Convention, which is to reduce
statelessness.
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The Federal Republic of Germany objects to the
second indent of the reservation by the Togolese
Republic. This objection does not affect the entry into
force of the Convention between the Federal Republic of
Germany and the Togolese Republic.
“Upon accession to the Convention of August 30,
1961 on the Reduction of Statelessness (hereinafter
referred to as “the Convention”) on March 24th 2022, the
Republic of the Philippines among others declared,
(a) that the Republic of the Philippines maintains the
grounds for the acquisition, loss and reacquisition of
Philippine citizenship as provided under Art. IV of the
1987 Philippine Constitution and relevant domestic laws;
(b)
[...]
(c) that in accordance with Article 8 para. 3 of the
Convention the Republic of the Philippines retains the
grounds for losing Philippine citizenship as provided for
under Section 1 of Commonwealth Act No. 63, subject,
however, to the provisions of Republic Act (R.A.) No.
9225 and R.A. No. 8171, and other prevailing domestic
laws.
(d)
[...]
In the view of the Federal Republic of Germany, the
declaration under (a) is a general constitutional
reservation incompatible with the object and purpose of
the Convention and thus an inadmissible reservation
under Art. 17 para. 2 of the Convention.
Moreover, the declaration under (c) does not meet the
requirements of Article 8 para. 3 of the Convention. Art. 8
para. 3 grants a Contracting State the right to deprive a
person of his or her nationality even though this renders
him or her stateless, if ‘it specifies its retention of such
right on one or more of the following grounds.’
The declaration of the Republic of the Philippines,
however, merely contains a general reference to
Philippine laws that are not comprehensively named. The
declaration thus does not provide the necessary
specification and clarity necessary under the exceptional
nature of the provision.
The Federal Republic of Germany objects both to the
reservation of the Republic of the Philippines under (a)
and to the declaration under (c).
This objection shall not prevent the entry into force of
the Agreement between the Federal Republic of Germany
and the Republic of the Philippines.”
N
ETHERLANDS
(K
INGDOM OF THE
)
“The Government of the Kingdom of the Netherlands
has examined the declaration made by the Togolese
Republic upon its accession to the Convention on the
reduction of statelessness on 14 July 2021. Since the
declaration limits the legal effect of Article 8 of the
Convention, the declaration is considered to be a
reservation.
The Government of the Kingdom of the Netherlands
acknowledges that activities prejudicial to the interests of
the Togolese Republic, as referred to in the first indent of
the reservation of the Togolese Republic, may be a
ground for deprivation of nationality under the
Convention. However, the ground for deprivation of
nationality as set out in the second indent of the
reservation of the Togolese Republic is not permissible
under the Convention.
The second indent of the reservation would extend the
exceptional grounds on which a person can be deprived of
nationality leading to statelessness, thus restricting one of
the essential obligations of the Convention in a way
contrary to its object and purpose. The Government of the
Kingdom of the Netherlands considers this to be a
reservation that is not permitted.
The Government of the Kingdom of the Netherlands
therefore objects to the second indent of the reservation
made by the Togolese Republic.
This objection shall not preclude the entry into force
of the Convention between the Kingdom of the
Netherlands and the Togolese Republic.”
N
ORWAY
"The Government of Norway has examined the
contents of the reservation and declaration made by the
Republic of Tunisia upon accession to the Convention on
the Reduction of Statelessness.
The Convention prohibits the deprivation of
nationality if it will render the person in question
stateless. This prohibition is subject to certain limitations.
It is the position of the Government of Norway that
paragraph 3 and 4 of the Tunisian declaration are not
justified under the Convention. The said paragraphs of
the declaration are contrary to the object and purpose of
the Convention, as they aim at limiting the obligations
that States undertake when acceding to it, the core
obligation being to reduce statelessness.
This objection does not preclude the entry into force in
its entirety of the Convention between the Kingdom of
Norway and the Republic of Tunisia. The Convention
thus becomes operative between Norway and Tunisia
without Tunisia benefiting from the said declaration."
S
PAIN
The Government of Spain has examined the
declaration made by the Government of the Republic of
Tunisia upon its accession to the Convention on the
Reduction of Statelessness. The Government of Spain
considers that such declaration intends to limit the
obligation of a State not to deprive a person of his
nationality if such deprivation entails a situation of
statelessness in cases not covered by the exceptions of
article 8 (3) of the Convention. The declaration therefore
restricts one of the essential obligations of the Convention
in a way contrary to its essence. It is thus incompatible
with the object and purpose of the Convention. This
objection shall not preclude the entry into force of the
Convention between the Kingdom of Spain and the
Republic of Tunisia.
S
WEDEN
"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. 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 nationality if such deprivation would render him
stateless in an extent which is not covered by the
exceptions of Article 8 paragraph 3 of the Convention.
The declaration therefore restricts one of the essential
duties of the Convention and raises serious doubts as to
the commitment of the republic of Tunisia to the object
and purpose of the Convention.
It is in the common interest of States that treaties to
which they have chosen to become parties are respected
as to their object and purpose by all parties, and that
States are prepared to undertake any legislative changes
necessary to comply with their obligations under the
treaties.
Furthermore, according to the Vienna
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Convention on the Law of Treaties of 23 May 1969, and
well-established customary international law, a
reservation contrary to the object and purpose of the
treaty shall not be permitted.
The Government of Sweden therefore objects to the
declaration made by the Government of the Republic of
Tunisia in respect of Article 8 of the Convention on the
Reduction of Statelessness.
This objection does not preclude the entry into force of
the Convention between the Republic of Tunisia and
Sweden."
“The Government of Sweden has examined the
declaration to the Convention on the Reduction of
Statelessness made by the Togolese Republic, by which
the Togolese Republic expresses that ‘... in accordance
with the provisions of Article 8, paragraph 3, of the
Convention, the Togolese Republic retains the right to
deprive a person of the Togolese nationality, in
application of Togolese legislation relating to Togolese
nationality, in particular for the following reasons:
-
if the person who has acquired Togolese
nationality engages in activities prejudicial to the interests
of Togo;
-
if the person who has acquired Togolese
nationality has been sentenced, for an act qualified as a
crime under Togolese law, to more than five years of
imprisonment without parole.’
The Government of Sweden is of the view that the
second indent of the declaration seeks to limit the duty of
the Togolese Republic not to deprive a person of its
nationality if such deprivation would render him or her
stateless to an extent which is not covered by the
exceptions of Article 8 paragraph 3 of the Convention.
The declaration therefore amounts to a reservation which
restricts one of the essential obligations of the Convention
and is as such contrary to the object and purpose of the
Convention.
The Government of Sweden therefore objects to the
aforementioned reservation made by the Togolese
Republic. This objection does not preclude the entry into
force of the Convention between Sweden and the
Togolese Republic. The Convention enters into force in
its entirety between the two States, without the Togolese
Republic benefitting from its reservation.”
Territorial Application
Participant
France
United Kingdom of
Great Britain and
Northern Ireland
6
Date of receipt of the
notification
Territories
31 May 1962
29 Mar 1966
The Convention will apply to the Overseas Departments and
the Overseas Territories of the French Republic
(a) The Convention shall apply to the following non-
metropolitan territories for the international relations of
which the United Kingdom is responsible:Antigua,
Bahamas, Barbados, Basutoland, Bechuanaland,
Bermuda, British Guiana, British Honduras, British
Solomon Islands Protectorate, Cayman Islands, Channel
Islands, Dominica, Falkland Islands, Fiji, Gibraltar,
Gilbert and Ellice Islands, Grenada, Hong Kong, Isle of
Man, Mauritius, Montserrat, St. Helena, St. Kitts, St.
Lucia, St . Vincent, Seychelles, Swaziland, Turks and
Caicos Islands, Virgin Islands. (b) The Convention shall
not apply to Aden and the Protectorate of South Arabia;
Brunei; Southern Rhodesia; and Tonga, whose consent to
the application of the Convention has been withheld
(a) The Convention shall apply to the following non-
metropolitan territories for the international relations of
which the United Kingdom is responsible:Antigua,
Bahamas, Barbados, Basutoland, Bechuanaland,
Bermuda, British Guiana, British Honduras, British
Solomon Islands Protectorate, Cayman Islands, Channel
Islands, Dominica, Falkland Islands, Fiji, Gibraltar,
Gilbert and Ellice Islands, Grenada, Hong Kong, Isle of
Man, Mauritius, Montserrat, St. Helena, St. Kitts, St.
Lucia, St . Vincent, Seychelles, Swaziland, Turks and
Caicos Islands, Virgin Islands (b) The Convention shall
not apply to Aden and the Protectorate of South Arabia;
Brunei; Southern Rhodesia; and Tonga, whose consent to
the application of the Convention has been withheld
29 Mar 1966
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Notes:
Official Records of the General Assembly, Ninth Session,
Supplement No. 21
(A/2890), p. 49.
See note 1 under “Germany” regarding Berlin (West) in
the “Historical Information” section in the front matter of this
volume.
See note 2 under “Germany” in the “Historical
Information” section in the front matter of this volume.
For the Kingdom in Europe and the Netherlands Antilles.
See
notes 1 and 2 under “Netherlands” regarding
Aruba/Netherlands Antilles in the “Historical Information”
section in the front matter of this volume.
5
6
4
3
2
1
With a territorial application to Tokelau.
See note 2 under “United Kingdom of Great Britain and
Norhtern Ireland” regarding Hong Kong in the “Historical
Information” section in the front matter of this volume.
Within a period of one year from the date of the depositary
notification
transmitting
the
declaration
(C.N.916.2009.TREATIES-3 of 29 December 2009), none of
the Contracting Parties to the said Convention had notified the
Secretary-General of an objection either to the deposit itself or
to the procedure envisaged. Consequently, the interpretative
declaration in question was accepted for deposit upon the above-
stipulated one year period, that is on 29 December 2010.
In regard to the declaration made by Tunisia upon
accession, the Secretary-General received from the Government
of the following State, the following communication on the date
indicated hereinafter:
Netherlands (6 June 2001):
"The Government of the Kingdom of the Netherlands has
examined the above mentioned declaration. The Government of
the Kingdom of the Netherlands understands the declaration of
Tunisia, in particular with regard to the grounds mentioned in
Nos. 4 and 6 of the declaration, in respect of article 8 to extend
the grounds on which a person can be deprived of Tunisian
nationality.
The declaration therefore restricts one of the essential
obligations of the Convention in a way contrary to the object
and purpose of the Convention.
The Government of the Kingdom of the Netherlands therefore
objects to the aforesaid declaration made by the Government of
the Republic of Tunisia.
This objection shall not preclude the entry into force of the
Convention between the Kingdom of the Netherlands and the
Republic of Tunisia."
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