The Problem of Statelessness – Consolidated Report by the Secretary-General

Document:- A/CN.4/56 The Problem of Statelessness – Consolidated Report by the Secretary-General

Topic: Nationality including statelessness

Downloaded from the web site of the International Law Commission (http://www.un.org/law/ilc/index.htm)

; Fourteenth session

-THE PROBLEM OF STATELESSNESS

Coneolidated report by the Secretary-General

/TABLE OF CONTENTS 52-6188 E/2230 A/CN.4/56 B/2230 A/Œ.h/56 2

TABLE OF CONTENTS

Paragraphs Page INTRODUCTION . . . . 1-12 1° PART I: ANALYSIS OF THE SEFUEEi RECEIVED 3TROM GOVERNMENTS .. 13 - 1^2 . 15 I. AVOIDANCE OF STATELESSÎfESS IS CONNEXION WITH CHANC3ES IN TERRITORIAL SOVEREIGNTY 13-20 "15 II. NATURALISATION AND SIMILAR PROCEDURES FOR ACQUIRING A NATIONALITY EY SEAmSSS PERSONS HABITUALLY RESIDENT IN A T3FPITGRV . c . , . . 21-60 25 CHAPTER I. GENERAL POSITION AS TO THE ACQUISITION OF NATIONAIITY BY NATURALIZATION .... 2^ - 39 26 Section It Statutory requirements for naturalisation 27-38 3° Category I: Admission and sojourn in the count.ry and notice of intention • . 28 3^ Category II: Knowledge of the language or of the institutions of the country . . 29 3o Category III: Age end capacity 30-32 "bis 38 Category IV: Property or income requirements . • 33 WL Category V: Loss of fonaor nationality or oath of allegiance 3^-36 ^2 Category VI: Good character 37 ^ Waiver of statutory requirements for naturali2a- tion at the discretion of the authority competent to grant naturalization • 38 ^6 Section II: Practice followed with respect to naturalization 39 ^ CHAPTER II. ACQUISITION OF NATIONALITY BY SPECIFUD CATEGORIES OF POSONS BY OPERATION OF IAW, EY PRIVILF10FO PROCEDURES, OR BY NATURALISATION SOME CR ALL OF THE STATUTORY REQUIHMKNTS BEING WAIVED * . . kO - 60 & /Section I: E/2230 A/OÎ.V56 3

Paragraphe Section I: Farmer.nationals of the country and children of nationals and of former 4 :" nationals . ,.""....,.. .,,./. .41-^6 ¿ft

(a) Ee-acquisition of nationality "by . "" former nationals • •'•'•'»•'• ¿ 1*1-^3 °^ (b) Acquisition of nationality by "" • children of nationals or of foraer nationals kk * k6 69 Section II: Persona born in the country '.«... kf - k9 72 Section III: Members of famille a of persons ... . -acquiring or ré -acquiring the country fs • nationality • ; . . .' ; . •• é •. • . . 50 - 57 75 ....,(;&). Spouse of a person acquiring or - ••--• ••'.•— re-acquiring the country's nationality . « /••..". •"••... 50 - 52 75 (b) Childre:i 'of a person acquiring "~ or re-acquiring the country's nationality ...... " 53 - 57 76 Section IV; Persons having, rendered certain services" tor:he country . « . « • • . 58 - 59 80 Section V; Persons having oer-tâih- special "" connexion Vi;:h" the country «•. . . • . 60 82 III. TBE QTXESTION OF RISDUCIIiG, Ai> FAE AS POSS^LE, THE NtMBER OF CASES OF STATElfeSiSNESS CHEATED BY THE OPERATION OF NATIONALITY LAT/S* .•.*.'..'..'.*...• 61-152 87 CBAPTER I. GENETLAL COMMETS CONCERNING TBE'PR0BÍÍ3M OF RE-EXAMININC^NATMIALITY LAWS WITH A ' VIEW TC REDUCING, AS FAR AS POSSIBLE, THE F0M5ER OF C/-SES OF STATKLESSNESS CREATED 31 TEE OPERATION OF SUCH .LAWS . 63 - 70 87 CHAPTER II. • ACQUISITION OF NATIONALITY AT BIRTH . . 71 - 77 1°* Group I. Country applying Jus^ soli^ as the exclusive mei«,»i£i for~deternjining • nationali't;/ at birth •'..'•'...'••• 73 1°1 Group H. Countries &v?plj'ing Jus soli^ as a,primary means and jr ••••.• s^angiiinis as a secondary means for Set^ ;íSíning^¿b,tior!ality at birth . . . , 7^ 1Û1 /Group HI. E/2230

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Paragraph» Page

Group III. Country applying Jus sangulnis as the exclusive means far determining "nationality at Mrth ...... 75 1°5

Group IV. Countries applying jus sanguinis as a primary means arid jus soil as a secondary ©Bans for determining nationality at birth ...... 76-77 1°5

CHAPTER III. EFFECT OF CHANGE IK STATUS (RECOGNITION, . ,. . . IJÏGITBIATIOfl AMI) ADOPTION) CK . NATIONALITY ' ; . . / , • • . ¿ . ". . i 78 - 82 113

Section I» Beoognition of children born out of vedlookr . . , • ¿ . . « • •. •• • . . 80 113

Section II. Legitimation of children born out of wedlock as a result of the marriage" of their "parents ..•.«..... 81 111+

Section III. Adoption • . • • • 82 117

CHAPTER IV. EraCCTS OF tfABRIAGB, OF CHAKG3ÇS OF HftTIONALITY BY GHÊ OF THE SPOUSES DURIÎG MftSRIAGE.AKD OF THE DISSOmriON OF MABRÎÂGE ON NATIONALITY ..,....« 83-118 119

Section I. Effects of marriage on the nationality - ; of the ¿pousea . . • .... . *.. . • •-Bh:'•• 96 119

I. Application of the neitionality law to a won an ...... who is a national of the country and marries . . !:./: an alien . , ...... 8j - 91V 120

A. Cases where statelessness does not occur for a woman who is a national of the country when she marries an alien .... 85 - 90 12°

vS B.t Caseq where statelessness may occur for a woman who ia a national of the country I .-i . • whan she marries an alien ••••«•••• 91 . 1^3

II« Application of the nationality law to a woman who is an alien and marries a national of 'ttie oountr,jr ...... 92-96 123

A. Cases where statelessness does not occur for .a woman who .3 an alien and marries a loational of tii¿ country 92-93 123

/B. Cases E/2230- A/QX.k/56 Page 5

Paragraphs Page B. Cases where átateles sues s may occur for a woman who is {in alien and marries a national of the country 9^-96 12** Section II. Effects of changea of nationality Suring marriage on the nationality of the other spouse • 97 - 106 131 A. Cases wiiex-e statelessness does not occur . for a .woman whosie husband loses the country1 s nationality 96.- 3.05 131 B. Case where statolessness may occur for a womein whose husband loses the country's nationality ...... 106 133 Section III» Effects of dissolution of marriage on nationality ...... J.07 - 113 13^ I. Application of the nationality law to a woman who has acqui2*ed the country's nationality by marrying a national of the country 108 - 115 13k Cases where stateJ.essness cannot occur, upon dissolution of marriage, for a woman who has acquired the country's nationality by marrying a. national of the country . . • 3.08 - 115 -^ II. Application of the nationality law to a ' woman who has lost the country's nationality by marrying an alien 316 - 118 136 CBAPTER V. EFFECT'S OF VOLOTITARY ACTS AFFECTING THE . NATIOfltAL STATUS OF M INDIVIDUAL ON THE NATIONALITY OF THE IÍNDIVIDÜAL HIMSELF AND OF EIS CHILDBEN 319-13$ 138 Section I. Effects of vo3.untary acts affecting the national status of an Individual on his own nationality 319-131 138 A. Cases where as e. result of a voluntary act affecting the national status of an _....•' individual statelessness does not occur • 320 - 127 138 B. Cases where átatelesanesa may occur as a result of a voluntary act affecting the naticfcril ate.tus of an individual . . 328 - 131 1^3 /Section II. E/2230. , A/CN.V56 Page 6

Paragraphs Page Section n« Effects of changes of the parentes nationality on the nationality of the children '. x • • 132-136 1^6 A. Cases where statelessness does not occur fçr'the children as a result of changes in the nationality of their parents • . . 132 - 13^ 3^-6 B. Cases where statelessnesa may occur fox the .children as .a result cf changée in "the nationality of their parent ..._.. 135 - 136 XU-8 CHAPTER VI. WITHDRAWAL OF NATIONALITY , ...... 137-150 15° A. Countries vhere statelessness does not occur as a result of withdrawal of the ; pountry's nationality ...... llfO - 1U2 15° •-» / Group 11 Country the nationality of :which cannot:he withdrawn . . ikQ 150 Group II: Countries.in which the id.thdrawal of nationality does not lead to «tatelessness ...... 1^1 - 1^2 15° B» Countries where statelessness may Occur in certain cases as a result of withdrawal of the country ' s: nationalit;r . ' 1^3 - 150 151 Group I.II: .Countries in which withdrawal of nationality may te appliod only, or mainly, to national us • '• : liavirig acquired, the country s : :naticttiality otherwise than ut ..."... t)irth - . '...... " , , 1^3 - 1^6 V?l Group 17:- .Countries in which withdrawal . . ,: '.•"•••. "•" .of nationality may, in certain ." ¿asea, "be, applied to all classes of nationals, and i:i gome other cases, to particular classes of • .nationals \\q - 150 'tó CHAPCER VII. PROOF Oí1 NATIONALITY I5I - 152 17°

/PART II: E/2230 A/CN.4/56 ' ' t Page 7 " . PART II: SUMMARY OF THE INFORMATION CONTAINED IN THE Paragraphs Page REPLIES HSGEHED FROM GOVERNMENTS 151-152 172 I. AVOIDANCE OF STATELESSNESS IN CONNEXION WITH CHÁNCEOS OF 'TERRITORIAL' SOVEREIGNTY .«••..• 156 - L6L 172 II. 'NATURALIZATION AND .SIMILAR. PROCEDURES FOR * . ACQUIRING A NATIONALITY BY STATELESS. PERSONS HABITUALLY RESIDENT IN A ^Í&EITORY 162-196 173 CHAPTER I. \ GENERAL POSITION" AS; TO THE " '••*'"• AcuuisrricN OF NATIONALITY BY ; ; ^URALI2ATI(^ ..v:rf.v?rf'. « .:«..•:., 165-171 173 Section Î: Statutory requirements for naturalization ...... *•,. 165 - 171 174 Section II; Practice -followed with respect -to-' naturalization • . « 172 - 174 173

CHAPTER II, ACQUISITION OF NATIONALITY BY SPECIFIED CATEGCEIES^OF'-pERSOilS BY' OPEIt-iTION OF ' LAW, BY PRÍV3XB6ED PROCEDURES, CR BY NATURALIZATION, SOÏJE OR ALL OF THE . '-'' STATUTORY REQUIREMENTS BEING WAIVED ..'.'...... 175-196 180 Section I; Former national;? and children of nationals and of former nationals 175 - 1#2 ISO Section II; Fer sons born in the country . • . • 183 - 185 182 Sectican III: Members 'of families of persons . . . acquiring or re-acquiring the country1 s nationality .*.«..• L86 - 192 1Ô3 Section IV: Persons who have rendered certain services to the country ...... 193 - 195 185 Section V, Persons ha-yjn^ certain special connexion1 ^/dth the- country...... 196 185

III. THE QUESTION OF REDUCING, AS FAR* AS POSSIBLE, THE NUMBER- OF CASES OF STnTELESSNESS CRATED BY THE OPERATION OF NATIONALITY LAWS' '• • .1.97 - 272 187

CHi'iPTER I.' GEMi2L'iL COHMENTS'CONCERNING THE PROBLEM OF RE-EXAl-IENIMG.NATICNiUJTY JJ%W WITH A VIEli. TO REDUCING, AS, FAR AS POSSIBLE, THE'NUMBER OF CASES OF STATELESSNESS CREATED BY THE OPELtTION OF SUCH LAWS 397 - 204 187

/CHAFIÈR II. S/2230 A/CR.k/56 Pego 8

Poiwcratlui lfrqi CHABBB 12. MXmBTSJOX W KATK3ÎAIITY AT BIRTH . 209 - 210 189 CHAPTER in* TOBO» OF CH/KCK8 3Hf 9TA2ÜB (RffiCOaîITiaf, . . JEGZF&tATXat Ü9D JDOTOOO <2T NATICRAIITÏ , 2U « 216 193

Ssotlon It Baoqgiltlcn of children 1>èm out ctf wedlock ..,..,••,*••»• 212 - 21k 193 Béotien lit tartUrstlqi of ohUdreotorn oat tf vedlacr a» a result of tbe aamwa of their parents >, • . »', > » • 215 193

Soctlcpyíll Adoption 216 19*t

CHABSR IT* EFFECTS Ci* MARRIAGE* OF CH/WGES CF TTAITICKAIJTT Kf CM OF USE SPOUSES DURING MflRRIAiJE AD CP THE DIBSOIDTKK (F MARKUCE aï KATICflAIITY 195 Beoticn. Ii .Effects of marriage on the natlcnelity of the EipottBoa 237 - 226 1» I. App3.1oetica oí1 the notiaaolity lav to a women who le & national of the country aid inawie's an aitón ••.••••••*•« 217 - 222 195 rt, AppaJ-oetlcn of the nationality lav to a . KonjBa\ who ÍB en alien and marries a neticnol of toe country . • • . • 223 - 226 196 geotton Ht Sffeotit of changes of nationality 1 during marriage on the natlonaliii of the other spouse « • « • • • 4 227 • 237 Beoticn 133: t Bffecisa of dissolution of pexrl«» on nai5coallty 236 - 2^7 196 I» AppOHcation of the nationality lav to a vomisi who has aoquired the oountry'a natJLonallty "by nazrying a national of thi oountry ••• »••#•••»•«••< 238 • 2^5 156

II* App]Lioatlon of the nationality lav to a vonum who has lost the country's nationality toy marrying an alien . . • . 246 - 2*7 19?

CHAITSR V, EFFECTS OF VOIDNTAHÏ" ACTS AITBCTINQ TEE HATICtfAL STATtB OF JV ÜRPXVgUAL CW THE KAS^IOTAUnt y THE INDIVIDUAL EB45BQP ^QD OF ELS CHÏ1DHE1Î • • • • , 2k8 . 262 200

/Section Ii E/2230

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: Paragraphe £23» • ••••«••«••• Section I> Effects of voluntary acte affecting the. natlcpâTjBta^a of an "individual on his own nationality . . .' t . T . :&8 - 258 200 Section II: BTfecte of the changes of the parent's nationality on the nationality of the"" aSildren 7 ;?59 - 262 201

CîEAHSR TL. ^CEBDRAWAL OF NAErdTAIHT 1&3 - 27O 203

OBAEEER VU. HIOCF OF HAEIQIAiaW IJl • 272 206

/THE EROBIEM 3/2230 A/CN .h/56 Bag© 10

TE¿ FEGsIEM 07 STATEIESSîESS (Consolidated report submitted "by the Secretary-»îeneral to the Economic and Social Council and to the liter- national Law CcirL-lFsi07¿ pureu^nt to Council .•resolution 352 (X7.I)).

IKCIOT'JCTICN .1. At its eleventh ana twelfth sessions, the Economic and Social Council adopted resolutions 319 B iii (XI) arid 352 (XII), as follows:

Resolution 3I9 BJ.il JXI) • • "TIf'and ID AÚgíiot:Í95O)

"rhanEconomic and Social Council,

116« Sg£SSSf3?SL-to states involved in changes of territorial sovereignly that thay^iEncIûdo in the ai^sr^ vaunts for such changes provisions, if necessary, for the avoidance of statelessness; "7. Invite^ States to examine sympathetically appliestions for naturalizexlon eiíbmitbod ty stat3leGS persone habituaDly resident in-their territory and, if necessary, to ro-examine their nationality laws with a view to reducing as far ae possible the number of cases of statelessness created "by the operation of such lavs; 118. Requests the Secrstary-Genjral to BS^Ü informâtien from States with regai3~l;'o'""th9 aoove-aier.it ioiied matters and to report thereon to the Council; ri9* No^gg^vith j^jjgfa^^m that the International L£.w Commission intends to initiate aa "soon as posf;Tble work on the subject of nationality, Including stat^lfieenes", and ur¿-os that the International Law Commission prepare at the earlieET; ponsibls d;?vte the necessary d]«aft international convention or conventions for the elimination of s tatole saneas;

"10. Invite^ the Sec rotary -'General to transmit this r< ¡solution to the International Lav Corsoîission.11

Eosolution ^52 (XII) Tl3 Merch 19;J.T

"SES.A0-^^^-^3-—Sor:5 ia V P oun(? i3- y "££££rri££ to ltB resolution 319 B (EC), Section III, and

1 tha-t CI>i r a 'S2ÜEbB *S limited Í"^>:G^ of gc-T.^ti^e.rub ÍÍ?TÍ raplied to the BecrStary-'ü&ntiral's inrLu'.3:;r of 27 t^.^&ar 1950, /"l, Regjüests S/2230 A/CET, V56 Page 11

"•*•• Request g the Secretary-Gainerai to address another ccmnunication to governments inviting them" to Gubmit their observations at latest by 1 November 1951, and to include in their replies not onlj an analysis of legal and administrative textei and regulations "but of the practical application of those laws and regulations;

"2. Asks the Secretary-Genere-I to transmit a consolidated report on the basis of these replies to the Council and to the International Lav Commission; and

"3* Decides to defer further discussion on this subject to its fourteenth session."

2. Pursuant to the request for information which the Secretary-General addressed to States in compliance with resolution 33.9 B iii (XI), observations were received from the Governments of fifteen Member Stelae ani five non-member States, namely: (a) Governments of Member States Argentina (F/l869/Add.l9) Israel (E/1869/Add.H)

Belgium (E/l869/Add.7) New Zealand (E/l8©/Add#»0

Canada (E/1869) Pakistan (E:/l869/Add.l3) Child (E/l869/Add.l) Sweden (E/l869/Add.9)

Denmark (E/l869/Add#l8) Union of South Africa (E/l869/Add.l5) Ecuador (E/l869/Add,5) United Kingdom (E/1869/Aid.l^) Greece (E/l669/Add.6) United States of America (E/l869/Add.l2) India (E/l869/Add.l7)

Ceylon (E/l869/Add.2) Jordan (E/l869/Add.l6)

Ireland (E/l868/Addw17) Switzerland (E/.l869/Add,LO) Japan- (Genersil H.Q. Supreme Commatidor for the Allied PowenO (E/l869/Add.3) 3» In compliance with resolution 352 (XII), the Secretary-General invited all Governments, including those WIID had replied to his first communication and those who had not replied, to submit their observations, and to include in their replies an analysis not only of legal and administrative texts and regulations, but aleo of the practical application of those lavs and regulations, Replies were received from tw6K*"¿'-firee GoT'-xT^?iits of Member states and three Governments of iioii-r"a*nVo<1'* c"i"-*itô8, llovev^r, the repine*: i;f two governments of /Member States E/S230 A/CNA/56 fttgo 12

Mosaber States (India and the United Status cf America) and of one government of a non-mi&riber State (Switzerland) simply referred to the earlier communication on the subject and did not contain any further information or con ment. The replies of twenty «-one Govomaanto of Member States and tvo Governaente of non-member States vhich furnished additional Information ara as follows? • ' (a) Govorraaents of Merabor States Australia (B/2lft/AW .20) Franco (B/216^/Ac.d,l9). Belgium (B/215Î0 Iran (E/216^/Add 21) ., Bunra (E/2l6^/Add .10) Luxembourg (E/2K&/Add',22W Chira (E/2l6^/Add.l3) Uev Zealand (E/2:.64/Add.3) Czechoslovakia (E/2l6U/Add.l2; Norway (E/2l6U/AChina Japin Jnited States of America Czechoslovakia Jorâan . Uruguay Dejiaark Kev Zealand (2 replies) Jugoslavia Ecuador (2 replies) Norway Egjrpt Pakiëian (2 replies)

1/ The Secrotaz^/KJ^noral retreta that wing to tk^ dp.te of the receipt of the "" reply cf the Govarï^aient of Lvxsii\9are ^a vae n0*-' in a petition to include the infame.tien cen/tainsà in it 11 this rsjort. /6. The Economic E/2220 A/as ok/56 Pe®3 13

6. The Economic and Social Council has expressed itself , in resolution 319 B i il (XI), as "being concerned with three types of action: (a) that States involved in changes of territorial sovereignty "include in the arrangements for such, changes provisions, if necessary, for the avoidance of statelessness" (paragraph 6 of the resolution), (b) that States "examine sympathetically applications for naturalization submitted by stateless perecns habitually resident in their territories" (first part of paragraph 7 °f the resolution), and (c) that States, if necessary, "re-examine, their nationality laws with a vietf to reducing as far as possible the number of.cases of statelessness created by the operation of sucli lave" (second part of paragraph 7 of the resolution)• 7. Information contained in t-h? replies a~vd pertaining to each of these matter» is analyzed anà presented in Part I of this Report* An attempt has been made to sussn&rize the same information in Part II9 8. I7i addition to t;h3 inforniatLori requested by tho Economic and Social Council in resolutions 319 3 iii (XT) and 352 (XIX), certali of the replies contain also information or ccaEwnts with ras peo t to the following matters: (a) Double nationality: see the reply of the Government of France (E/216U/Add.-19). (b) Persons considered as «tatelees: see the replies of the Governments

of Egypt (E/2l6k/Aà.ïçlk), France (S/2l6U/Add,19), Stkodon (E/2l6tyAdd.l6) ar.d Turkey (E/21óU/Add,15). (c) Status and treatment of stateless persons: see the replies of the Governments of Czechoslovakia (ïï/2.l6k/M.d..l2), Eouador (E/2l6tyAdd A) , ^67Pt (E/216U/Add.l^), Finland (E/2l6U/Add.8), Svitzer].and (E/l869/Add.lO), Sweden (E/216^/Add.l6)', Turkey. (3/E2.Gh/AàA.15), Union of South Africa (E/2i6U/M(i.9), Suited Kingd.on (s/2l6^/Aai.5) and Urugiay lÈ/2l6k/Aâd.ll) M i/ It will be recalled that the General Asee'^V/ has referred (resolution 427 (V)) to the United Hâtions Conference of Plenipotentiaries on the Status of Refugees and of Stateless Persons, which rwb in Geneva 3-25 July 195^^ together with a draft convention relating'to the status of refagees, a draft Protocol relating tc the stctu-j of Ptateleos persons (A/3onf .2/11), instructing the Conference to complete the drafting and to open for signature the two instruments. The Conference^ however, considering that the draft Proposal still requires TÜJDVO detalle! study, decided not to take a decision on the subject afta raferrad the draft Protocol back to the appropriate organs of the United Nations (Final Act of tiae Conference, (A/Conf .2/3.08) paragraph III)\ The General Assembly has decided by a

resolution of k February 1952 (A/LC96) to defer the consideration of this item until its seventh rogular session. /q -. ... - A/CÎTA/?6 Page Ú

9. It will be noted that not all of the replies supply infoimation on the three questions referred to in para^graph 7 above, and that mai y are incomplete in other ways. This report should therefore not be considérée, as an exhaustive presentation of information on the«e matters, even for the countries whioh have responded to the various requests. While summaries of information concerning measures taken by States in order to avoid statelessness resulting from changes of territorial sovereignty in which they are involved- are reproduced in Part I, the main objective of Parts II and III is to present, in a systematic form, the problems which ere to be solved if the acquisition of the nationality of the country oí .residence by stateless persons is to be facilitate 1 and if statelesaness resulting from the operation of nationality law3 is to be prevented. The two .Latter questions are to a cartaia. extent interrelated, as in many caaes facilities offered to stateless persons for acquiring the nationality of the country of their habitual residence are at the sauje time rodedles to statelessness arising from the operation of nationality laws of th9 country concerned. Legislative provisions end pr8.ctic.es aontioned in the replies and summarized in this Report aiay suggest solutions of a general nature for the various problems dealt with in the report. ?-0. The Secretary-General submittod to the Council at an earlier stage, pursuant to the request contained -in- resolution 116 D (Yl), a Report dealing vith the problem of statelessness, subsequently published under the t:.tle "A Study of lt State le Éisne s s (Sales Bo. 19^9» 3T.2.)e The second part of this study deals vith tho problem of elimination of sts/telsssness and thus, although conceived in a different spirit, covers essentially the same ground as the present Report. 11. Two stuo.ias on related sv-.tjasts, prepared for the Cornai as ion on the Status of Vome:i, have been consolidated and published under the tit Le "Nationality of Married Wmser.11 (Sales lío. 1950-, 17..12), Reference to this d Doutent will be found in Chapter IV of Part III. 12. The International Law Soumission,, during iws third session, decided to initiate work on the topic "Nationality, including st&telessaess", which it had selected for codification at its first session, and appointed Mr. Manley 0. Hudson* one of its members, an special rapporteur on tV.a eub^ect. lbs special rapporteur has prepared, for the fortSioCnlng fourth session of the International Law Conmission, a tfR9port on Katiônality, incité ing átatelessness" (S/CN.^/5°)#

/PART I ü/2230 A/CN.V56 Page 15

1 PAR? lo AIT/lLíSIS CE Œ5 BEELXSS RECEIVED ' '

I. ATCIDA^CE O? GrAïïSJiH£ï3ŒEiS 'IN CCOTEXIOíST KTH CHANGES

13. Paragraph 6 of resolution 319 B íii (AÏ) of. the Economic and Social Council; ^Jt^Œimendfl to States involve:, ¿n changea of territorial sovereignty tíSñ"*tSeyr£icli'!do in ths> arranc^me:it3 for such changea provisions, if necessary, for the avolcliance of statelessnesa *" Ik* Ehe replies of the Governments cf the foLlowing 2k conitries contain conments or iniormatiari r3l&tinç to the above reconroitíndatiojií Argentina, Australia, Belgiuniy Burraa, Canadii, Ceylon^ Chile, China, Deinnark, Ecuador, Greece, India, lerael, Ira-lar-d, Capan, Jordan, Kew Zealand, Nor^way, Pakistan, Swsàen, Svitserliiaâ, Uriitod Kingdom. Ifeiiteâ States of America, Yugoslavia, 15a ïhs GcTonr-rsiitf; of the fcvllcwing countries otate that in thair view this reccDKnsJDiation did r-.^t cc^oem thasi^ :î 1» Argentinas ..c-'3,ttont.j.cn io drawn to the fact thc-t this is a problem •which doo3 not arise in our country," (E/lSô^/Add.^^ I • 2) . r 2S Chile; 3«.^Chlle ia ccntemplating no changa of territorial sovereignty and therefore this rocirmiondation does not apply to our n oorjitry. (E/lBf$/&aa..l, pe. V. V 3, DœaiajAs ^Paragraph 6 in the Economie and Social Council resolution 319 B (XI) Section rix of ;u, Au^.t3t 1950.^19 without piaotical importance ;i as far aa DeEaacrir la ccnG6rrj.(>lP (E/l869/Addcl8, p, l), k* Ecuador 2 "ïïhs I-îepublic of Ecuador ia not involved in changes of territorial sovoicignty lilce.Ly to give rise to stateles3nesa, so that we aru not conoornac'. vith the pjirt of resolution 319 ill '(-Ci) which n ! read.sovc (."S/2l6 l/Ac3d>, p,, l). 5* S^g®5?®,2 BBOi»i* vr5Jl se:?vo no -puv^c-s, in Greece, -;he inclusion in Agreements pei-tP'Trlng to t-ho tvan^fsr of tsriifcorial sovereignty, of provioioriS aiming \;c c"1^-'.^. ^ '!*ho pi*oWem of stateless persons."

(E/2B69/AJSA969 PC 2) i! 6,, Ireland? ,e,?pa-ra.gi-aiph 6 or t^t- -.^ioT'ii,.*-^ '^.3 ¿*.t apply to íf Irel^d.ttt, (TS/2e¿9/Adda7, P. l).

/7. Norway: E/2230 A/CN.U/56 Page 16

7» Norwayt "U?he question dealt with in the sixth paragraph of resolution 319 3 iii (X:t) does not affect Nonaay". (E/2l6VAdd.l, I. l) 8. Sweden; "The questions do not affect Sweden/ (E/l869/Add,9, p. 1) 9m Switzerland; "...Switzerland has no observations tc make,,,since the Swiss Government is not involved in changes of territorial sovereignty." (E/l369/Add.lO, p. 1) 10. United States of America: "No comment concerning paragraph 6 of M Resolution 319 B iii (XI) seems necessary9 (E/l869/Add«12, p, 1) 16. The Governments of the following countries noted the reccmmendation and commented thereon as follows: 1. Australia; "in the event of Australia being concerred In territorial changes, it may be assumed that care will be taken to avcid, as far as possible, cases of statelessnese." (E/2l6VAdd.2O, p. l) 2. Belgium! "Belgium is not greatly concerned by changes In territorial sovereignty. Nevertheless, if such a change were to take place, Belgium would take care that those affected should not be deprived of their nationality. "in accordance with the principles of Belgian privai-e international law, although territorial changes may affect the national status of the population, the people should in any event be allowed to choose their nationality freely•" (E/l869/Add.7, p. l) 3« Panada: ".««the provisions of paragraph 6 have bear, noted although they do not appear to be applicable to Canada at this tinea" (E/1869, p. l)

km Ceylon:»^ ",.e,the Ceylon Government notes the recommendation,..and supports it. Such changes are» not likely to arise, as f«r as Ceylon is ooncerned," (B^l869/Add,2, p., l) 5* India: '"The recommendation of the Council has been noted for guidance.11 (B/l869/Add.8, pJ.) ^* New Zealand: "Although It is unlikely that New Zealand will be involved in any changes of teiTitorial sovereignty, the recommendation of the Economic and Social Council with regard to avoidance of statelessness has been noted." (E/2l6tyAdd,,3, V* 1) '?• United Kingdom» "..iHis Majesty1 s Government are in agreement with the Counci^s recommendation regaining states involved in changes of

territorial sovereignty." (E/l869/Addcl^, Pc 1)

1/ Por Ceylon, see also paragraph 20 below. ^ Thfi Governmente | E/í£30 A/CN.V56 Paé;o 17

X7# The Governments of the following countries transmitted tie texts of their Rationality Laws which contain provisions on "citizenship "by : Incorporation of territory:11 under these provision», in case of incorporation of any territory, the competent authority may by ord«r specify the persons who nhall become citizens of the country by reason of their connexion with the territory so incorporated: *• Pakistan; "If any territory becomes a part of Pakistan the Governor- General may by order specify the parsons who shall be citizens of Pakistan by reason of their connection with that terri ten y : and those persons shall be citizens of Pakistan from such date and upon such conditions, if any, as may be specified in the order." (E/2l64/Add.6, Annex p. 7) 2* United Kingdom?g "if any territory becomes a part of the United Kingdom and Colonies, His Majesty raay by order in Council, specif? the persons who shall be citizens of the TZnited Kingdom and Colonies by reason of their connexion with that territory; and those persons shall be citizens of the United Kingdom and Colonies as from a dat3 to be specified In the Order*11 (E/2l6fc, Add.5, Anneoc I). 18, The reply of one country, currently involved in changes o:* territorial sovereignty, stated: Japans "The problem of territory changes in Japan, imch' as may affect the nationality of the parsons concerned,'will be a matter for consideration in the projected Peace Treaty between Japan and the Allied Powers." (E/l869/AdcL.3, P* 1) 19« Ehe Governments of the following countries involved in chiJiges of territorial sovereignty, commented e.s follows on pertinent meat ¡urea taken by them in connexion with these changes: 1. China: "...the National Government of the Republic cf China'had, since idie successful termination'of its war of resistance againet Japan and consequent re-establishment of its territorial sovereignty over Taiwan (Formosa) formally declared that, as from 25 December 19^*, all the ' Taiwanese who, as a result of the forced cession of Taiwan to Japan, had been deprived of their former Chinese nationality, their descendants who had been born subsequent to such cession, and such Taiwanese as vere then residing abroad, should re-acquire the nationality of the Republic of China. This :Ls one of the effectif, measures taken with a view to avoiding statelessness following the change of the territorial sovereignty of

Taiwan." (E/2l6tyAdIa13, p. 2) " E/223Q Page 18

2. Hashemlte Kingdom of Jordan: "...despite the fact that the Jordan Kligdom has been involved in changes of territorial sovareignty, the problem of statelessness does not exist in the Jordan, and all arrangements have been taken and facilities given to Palestinians for avoidance of :' statelessness.w (E/l869/Add.*l6, P. 1) 3. Yugoslavia: "The problem of statelessness appeared in Yugoslavia since the end of World War I, as a, consequence of the application of the Peace

Treaties concluded after that war# Such vas the case especially with the Saint Germain and Trianon Peace Treaties, by which the citizenship of the new state was recognized only to such persons who had the right of domicile In the annexed territory on 1 October 1910, and who had maintained this ri$it until the entry into force of the said Treaties. Persons who did not satisfy such conditions, and who did not use the rj^ht of option, remained stateless. The attitude of the new Yugoslavia towards such persons is gui te different. Article 25 of the Citizenship Law provides that all such persons, ethnically belonging to any people of the F .P JR. of Yugoslavia, if they were born here and had their hafcitual residence-in this country, should be considered as Yugoslav citizens as long as they are not in possession of a foreign citizenship or to have lost the citizenship of the F.PJ*. of Yugoslavia,, In practice even stateless persons of other nationalities are treated very liberally, though there are no special legal disposition© in this regard.1^ (E/2l6VAdd.l8, p. 5) 20, The Governments of the following oountries, whioh recently attained their independence, commented as follow on pertinent measures taken by them in connexion with their attainment of independence : ' 1, Burma: "Necessary provisions for the avoidance of statlessness were

embodied in Section 2f sub-flections (2), (3), (h) and (5) of the Burma Independence Act and in Section 11 (ii), (ill) and (TV) and Section 12 of the Constitution of the Dhion of Bumia. Necessary legislation has been made under these provisions name3.y, the Union Citizenship (Election) Acfc> 19*$, and the Union Citizenship Act, 1948,. . • "Sub-Sections (2), (3), (k) and (5) of Section 2 cf the Burma

1/ For facilities granted to stateless persons of other nationalities for acquiring Yugoslav nationality, see paragraph 39 below. . ... /independence Act í/2230

ïage 19

Independence» Act" specify persons who, being British sublets immediately before the day on which Burma attained Independence shal!. cease to be such, but may elect to retain their British nationality and pesons who being British subjects shall not cease to be such by reason of having attained Independence. "According to the provisions of clauses (ii) and (l:.i) of Section 11 of the Constitution, every pe:rson born in any of the territories included within the Union one of whose grandparents belongs or belonged to any of the indigenous races, and every person born in any of tho territories included within the Union, of parents both of whom are, or if they had been alive at the commencement of the Constitution would have been citizens of the Union shall be a citizen of the Union. "Section 11 (iv) of the Constitution defines personti who by virtue of their birth in a certain place (i.e. in any of the territories which at the time» of their birth are included in His Britannic Majesty's dominions) and of their long residence in territories within the Union

/under the E/2230 A/CNA/56 Page 20

under the Union Citizenship (Election) Act, 19^8, a certificate of citizenship shall continue to "be a citizen of the Union, until he or she loses that statue under the provisions of the tfciion Citizenship Act, I9U8, MAny person descended i'rom ancestors, who for two generations at least have all'.made any of the territories included within the Union thjdir permanent home and whose parentB and himself were "born in any of such territories trhall be dciemed to be a citizen of the Union: vide section k (2) of the Union Citizenship Act, 19 W^ ( E/216^/Add .10, PP.1-2),. 2, Ceylon; "An analysis of the existing citizenship laws of Ceylon shows that citizenship fallei under two headings; • 11 (a) by descent* "(b). by registration, "In tjhe latter class persons of the following categories are eligible to bo granted citizenship; • • • • • tt(iv) Persons ordinarily resident in Ceylon and naturalized in Ceylon . under the provieions of the British Nationality Act. 11 (v) Persons of Indian and Pakistan origin who have been long resident in Ceylon. "Note; Registration of this last claBS of people ia governed by special legislation which was passed to deal with the pecuLiar problems which arose as a result of large-«cale migration of Indian Labour to Ceylon before Ceylon became Independent. This special legislation will, however, be in operation only for a specific periol of time." -* (E/2161+/Add.2, pp. 1-2). 3» Israel: "In June 1950/ the Government of Israel submitted to the KhoBSot a Bill on Citizenship, This Bill ie now in tho Comitteo stage. "Though the text of tho bill will bo aubjoct to amonfoents during tho filial stages of legislativo procoodings, it nay bo supposed that'its basic principles*, aimed it brirginis this law into haimony with Article 15 of the ifciiLrersal reclamation on Human Right» and with the Resolution of tho l/ All the toxte mentioned in ths reply of Burma are annexed hereto, 2/ For Ceylon, see also paragraph 16 above. /JSoonomio E/2230 A/CN.V56 Page 21

Economic and Social Council on the Elimination of Statelsssnees, will remain unaffected, "The bill reflects the historical mission of the Stite of Israel, the .fIngathering of the Exiles', by including special provisions for the acquisition of citizenship by Jewfi» who return to their homeland and take up penuanent residence, in Israel, or who are "born in Israel; they acquire automatically Israel citizenship, unless "before the date of enactment, they gave up their permanent residence in Israel or unless thoy possess the nationality of another State and declare that they do non want to acquire Israel citizenship (Sec. 33), "All other persons permanently resident in the country, who are former Palestinian citizens and registered under the Registration of Inhabitants Regulations, are declared to be Israel citizens as from the date of registration (sec. 2)/ (E/1869/Add.ll, p. 2). **• Pakistan; -' "...The proposed Pakistan Citizenship I ill,..when passed,.., would meet the requirements of paragraph 6,..of resolution Ko, 3^9 B iii (XI) of the Economic and Social Council in respect of ...acquiring nationality ^by stateless persons/ consequent upon a change in territorial sovereignty." (E/l869/Add.l3, P.l). The following provisions of the Pakistan Citizenship Act, 1951, annexed to thtí second reply of Pakistan, are directly related to the question of citizenship upon attainment of independence b;¡r Pakistan: MCitizenship at the date of commencement of this Act "3. At the commencement of this Act every person diiall be deemed to be a citizen of Pakistan - "(a) who or any of whose parents or grandparents was born in the territory now included in Pakistan and who after the fourteenth day of August, 19^7? has not been permanently resident in. any country outside Pakistan; or t!(b) who or any of whose parentB or grandparents was born in the territories included in India on the thirty-firet day of March, 1937, and has or had his domicile within the meaning of Part II

"For Pakistan, see also paragraph 17 above, /of the Seccession E/2230 A/CN.U/56 Pa** 22

of the S accession. Act, 1925, as in foro© at the conmenoement of this Act, in Pakistan or. in the territories ciov included in Pakistan; .or ,...... ' w(c) who is a person naturalised ae a British subject in Pakistan; and who, .if before ,the dato of the commencement of this Act he has acquired the citizenship of ¡my foreign State, has before that date renounced the saune by depositing a declaration in writ ing; to that effect with an authority appointed or empowered, to receive it: "Provided that if any person, being at the commencement of this Act ordinarily resident in a country outside Fakintan makes to the prescribed authority a declaration in the prescribed form within one year of the commencement of this Act - - "(a) tEat he is ¿ota national or cltieèn of that or any other "ountry outside Pakistan,, and ' "(b) that on the faith of that declaration, and by reason of his own birth, or that of any of his parents or grandparents, he claims to be a citizen .of Pakistán, "he may if the. authority is satisfied that he is n?t a national or citizen of such country as aforesaid and that he or any of his parents or grandparents was bom in the territory now included in Pakistan, be granted a certificate in the prescribed form by the authority and shaXl. the:reupon be deemed under this section to be a citizen of Pakistan. "Rights of citizenship of certain persons resident abroad W8« The Central Government may, upon application made to it in this behalf, register as a citizen of Pakistan any persen who, or whose father or whose father's father, was born in the Icio-Pakistan sub-continent and who is. ordinarily resident in a country outside Pakistan at the commencement of this Act, if he has, unless exempted by the Central Government in this behalf, obtained a certificate of domicile: "Provided that a certificate of domicile shall not be required in the case of any such person who is out of Pakistun under the protection of a Pakistan passport, or in the case o:* any such /person E/2230 A/CN.V56 Psge 23

person whose father or whose father's father is at the commencement of i;his Act residing in Pakistan or becomes, "before the aforesaid application is made, a citizen of Pakistan. "Citizenship by naturalisation "9. The Central Government may, upon application mac.e to it in that behalf by any person who has been granted a certificate of naturalisation under the Naturalisation Act, 1926, register that person as a citizen of Pakistan by naturalisation: "Provided that the Central Government may register any person as a citizen of Pakii3tan without his.having obtained a certificate of naturalisation as aforesaid. "Married women 111.0. (l) Any woman who by reason of her marriage to a Commonwealth citizen before the first day of January, 19^9, has acqi.ired the status of a Commonwealth citizen shall, if her husband becomes a citizen of Pakistan, be a citizen of Pakistan. "(2) Subject to the provisions of sub-section (l) and sub-section (k) a woman who has been married to a citizen of Pakistan or to a person who but for his death would have been a citizen of Pakistan

under section 3..#siîall be entitled, on making application therefor to the Central Government in the prescribid manner, and, if she is an alien, on obtaining a certificate of c.omicile and taking the oath of allegiance in the form set out In the Schedule to this Act, to be registered as a citizen of Pakistan whether or not she has completed twenty «one years of her age aid is of full capacity. "(3) Subject as aforesaid, a woman who has been married to a person who, but for his death, could have been a ci1;izen of Pakistan under the provisions of sub-section (l) of section 6 -' (whether he migrated as provided in that sub-section or is deemed 2/ under the proviso to section 7 -'to have so migrated) shall be entitled as provided in sub-section (2) subject furtier, if she is

y Section 6 deals with citizenship by migration (for text see ]»aragraph 60 below» 2/ Section 7 deals with porsonp migrating from the territories of Pakistan (for text see paragraph 60 below)fc Van alien E/2230 A/CN.V56 Page» 2k

an alien, to her obtaining the certificate and taking the oath therein mentioned. "(k) A person who lias ceaeed ta be a citizen of Pakistan under section llj- -' or who has "been deprived of citizenship of Pakistan under this Aot _,-*2/ sliall not be entitled to be registered as a citizen thereof under this section but may be so registered with the previous consent of the Central Government." {È/2l6k/Aàà..6/ Annex), Mention should also be made of Sections 6 ("CitLzenship by migration") and 7 ("Persons migrating from the. territories of Pakistan") of the Pakistan Citizenship Act, 1951, reproduced in paragraph 60 below.

l/ Section Ik doaJjs with iniierdiction of dual citizenship or nationality. 2/ See paragraph Ih6 below. , ' •^ /II, NATURALIZATION.. B/2230 A/CN.4/56 Page 25

H. H^TUE&IIZATïON AND S3MOAJR PROCEDURES FOR ACQUIRING A iSATIONALITT BY STATELESS PERSONS HABITU&LItf RESIDENT IK A TERRITOiSY

21 • Paragraph 7 of resolution 319 B iii (XI) of the Economic and Social Council reads, Inter alia, as follows; *|fcvites States to examine sympathetically applications for naturalization submitted by stateless persons Jbabitually resident in their territory ...M 22, The replies of the Government» of the following thirty-four countries contain comments or information re3.ating to the above: Argentina Finland Pakistan Australia Fi'anoe Poland Belgium Greece Sweden Burma Irdia Switzerland Canada Iran Syria Ceylon Ireland Turkey Chile Israel Union of South Africa China Japan united kingdom Czechoslovakia Jordan United -States of America Denmark New Zealand Uruguay Ecuador Ifltarway Yugos la-ria Egypt • . 23. The current general position with respect to naturalization, as indicated in the cannnuriications from governments received by the Secretary-

/CHAPTER I. E/2230 A/ON .V 56 Page 26

CHAPTER I. G-MER/J, POSITION AS TO TEE ACQUISITION OF HATIOK/ JJXÏ BY NATURALIZATION

24. The Governments of the following countries state thîtt there is no naturalization, properly spealcing, 3n their territories, but that there are, however, procedures akin to naturalization: 1. Ceylon; "The question of Naturalization of Stateless Persons has so far not arisen in Ceylon. Consequently no legist.ation has been framed to deal with the question specifically. "An analysis of the existing Citizenship lavs of Ceylon shows that citizenship falls under "wo heads. • • • (b) By Registration "In the latter clasH persons of the following categories are eligible to be granted Citizenship. n(i) Persons over 21 years of age who are marr:.ed to Citizens of Ceylon. (ii) Persons over 21 years of age who can establish that their mothers are citizens of Ceylon by descents (iii) Persons ordinaD'ily resident 3n Ceylon and who .have rendered

distinguished service to the countryo (iv) Persons ordinarily resident in Ceylon and naturalized in.Ceylon under the provisions of the British Nationality Act. (v) Persons of Indilan and Pakistani origin who have been long !I resident in Ceylon*'!' (s/siÂ/Add^ pp ,1-2)

1/ For the last category of persone ne? al?o paragraph 20 above s

/2. U£2SH2í E/2230 A/CNA/56 Page 27

2. Uruguay;» • n2. HkTtmLÍEZATION OF Sí PERSONS "I. Stateless persons may not acquire Uruguayan nationality fry lav,. . "Ho one may "be naturalized a Uruguayan. Articles 65 and 66 of the Constitution confer citizenship^ on persons who are riot Uruguayan but do not grant them Uiuguayan nationality.-' "Articles 66 and 67 refer to aliens but include stateless persons; aliens should be interpreted to mean any persons -who are * not Uruguaya^ whether or not they have another nationality. In that connexion Article 22, paragraph 1 of the Civil Code provides as follovs: "Citizens are persons declared to be such by the Constitution. All other persons are aliens," "Citizensft in .this text means Uruguayans 2/

* See also the part of the reply of Uruguay reproduced in paragraph 65 below. The following footnotes were contained in the original rsply of the ,.< Government of Uruguay; ; »i/ Nationality is different from citizenship; citizenstiip is the status of a person who has political rights and duties, a sitizen, as such, participates in the sovereignty of the nation (Article 68 of the Constitution). "2/ Although the text of Article 65 does not clearly iniicate that a child of an Uruguayan father or mother does not acquire Uruguayan nationality, the practice of the Electoral Court ha9 been to. grant citizenship only., • , 7 'a/ This may be inferred fraqi Article 22, para.2."

/HI. "Acquisition B/2230 A/CN.V56 Page 29

HI* "Acquisition of Citizenship by Stateless Persons: "Attention should be called to the inflexibility of Uruguayan legislation on nationality particularly because ili does not recognize that an Uruguayan ceasos to be an Uruguayan when lie acquires the nationality of another State-t' or that a statelesd person or alien^ may acquire Uruguayan nationality. "Nevertheless thi£i policy is effectively counterbalanced by the rules relating to oitia.enship.-'

"I. Stateleea personst libs aliens# nay acquire Uruguayan citizenship: (a) If a statele£>s person is the chilcU'ef i^.Urugu&yanS/ father or mother,2/ he acquires natural citizenship (Article 65 of the Constitution). Ir. such cases it is only necessary to talce up residence in the country and to enter his name in the civil register. "Natural citizenship acquired in this way confers the same rights as

the matura! citizenship of Uruguayans0 (b) If a stateless person is not the child cf an Uruguayan father or mother, he may acquire legal citizenship (Article 66 of the Constitution). "For that parpóse he mat fulfil the

The following footnotes were contained in the original reply of the Government of Uruguay: *y Source of the dual nationality of Uruguayans who ere naturalized in another country. "¿/ Cause of the statelessness of foreign persons whose national law deprives them, of their nationality because they acquire citizenship in Uruguay. §J Thus while an Uruguayan who Is naturalized in another country does not lose his nationality, he loses the right to exercise his citizenship (Article 71 of the.Constitution); and while an alian may never acquire Uruguayan nationality, he c£in easily acquire national citizenship while retaining his own nationality. This explains why Uruguay does not issue naturalization papers but citizenship papers which are issued by the Electoral Court; and why, from the Uruguayan point of view, an alien* retains his nationality when he accoutres Uruguayan citizenship (see Artlcls I of Act of 2 February 192o; and Article 66, in fine of Constitution of 193^). "2/ Whether legitimate or illegitimate. "S/ It is sufficient for one of the parents to be Uruguayan. "9/ The nationality of the :Fa their or mother is determiied by the place of birth of each. , . /requirement» E/2230 A/CN.ty56 Page 29

requirements of habitual residence for a varying number of years ,-+-* possession of property and good conduct, "Legal citizenship is not a favour granted by the State but a right "IJO which anyone meeting the above conditions Ls entitled., "The conditions do not .Include a requirement that -;he applicant should possess a foreign nationality; all that is required is that he? should not be Uruguayan. Thus a stateless person is not asked for proof of his nationality but of the place of h:.s birth." lt2X* Cti acquiring citizenship, a stateless person does not cease to be stateless Tju^ as eji aj.ien does not cease to be ai. alienj »?'i !n Uruguay tlrire ore citizens (natural or le^al) who aro stateless persons cr aljujis.'1 (5!/2l64/Add.ll, pp.4-5) "Corxl'MOion • • ; n tjecpap*. 11 :,. without ceasing te be stateless, stateless persons may achieve a ntatus similar to that of Uruguayans merely by obtaining •' citizenship," (ibid. Poll) . ' • 25. The Governments of the following countries state that those countries have not yet enacted a nationality law; they, however, include information on naturalization under the contemplated, or proposed nationality lav: T? 1# India: The Government of India have yet to enact an Indian Nationality Law. Applications for. nationalisation from stateless persons will be examined sympathetically wider the law that may se enacted."

CE/.'L869/Addc:8, p.l) 2. Israels "in June 195°/ the Government of Israel submitted.to the Kheeiset a Bill on Citizenship, This Bill is now in the Committee state, "Though, the text of ths bill will be subject to amendments during the final stages of legislative proceedings, it may be supposed that its basj.c principles, aimed at bringing this law into harmony.with Article 15

of the Universal Declaration of Human Eights and with tho resolution of :. the Economic and Social Council on the Elimination of Stfitelessness, will _ regain unaffected. The following footnote was contained in the original rep!.y of, the Government of Uruguay: "10/ Article 66 of the Constitution set3 forth in detail the conditions, M and the time requirements , (0£ et# lop » cit») /" / . •. • • E/2230 A/OK .V 56 Pag© 30

• « • • * M • • « Israel citizenship can be acquired by the grant of a certificate of naturalization from the Minister of Interior. The 2equirements for an application for naturalization are the following: (a) Three yeara1 lavful residence in Israel, out of a period of the five years preceding the date of application; (b) Intention to retóle permanently in Israel; (c) Some knowledge of the Hebrew language. The conditions under (c.) and (c) do not apply or 11 ay be waived, in relation to certain categories of applica*'i!.-s» (Sec.6),, Naturalization extends to the minor children in the custody of the applioant» A minor permanently resident in Israel may; upon the application of his parents or by his guardian, be grani»d a naturalization w certificate. (Sec,9) CB/:i869/AddtU, PP.2-3) 26. The information pertaining ijo the other countries mentioned in paragraph 22 above is examined below under the» following headings: Section I: Statutory requirements for naturalization, Section H: Authority granting na turaliza ti on and practice followed with respect to naturalization.

SECTION I » Statutory roqvinnenta for 33a totalization - • « 1 ml 1 inmiart'-m*»^»•'«'«•«•«i»"' •«•"» »"«w'i»i' •'-"— 27. The Governments of eighteen coun.tr ios supplied informa'¡ion on all or certain of their statutory requirements for naturalization.^ These . requirements fall into the foilerrtng categories? 28. Ce. te gory I: Admission and jgqftourii in the country and notice, of intention Conditions of admission and sojourn and, sometimes, of notice of intention to apply for naturalization are mentioned in the : replies of the Governments of the following countries (in certain countries governmental Bervioe abroad is considered as equivalent to sojourn in thu country):

1/ For Denmark, where naturalization is granted in each case by a special Act of the legislature, see paragraph 39 in Section H of thiB Chapter,

A» Argentina: : S/2230 .ycNety56 Page 31

!• Argent5iia: The reply of Argentina (E/l869/Add.l9) tontaina a référença to the fundamental principles of Article 31 of the Constitution, governing naturalization* The text reads, in part, as fellows:

"Foreigners who enter tho country vithout violating the laws eo. may be naturalized (at their request) if they have resided for tvo years continuously in the territory of the Republic, and they will automatically acquire Ar^trntino iwbior.'&líty at the Bad" of five years* continuous rasi.dence., excopt 'by express snanifestaticn to the

t? • ' contrary0 ^ ..*•••• 2-; Australia: "Broadly the -axm!leant musts K{i) maice a declaration cr intention to apply for naturalization not earlier tlian one yezr after having entered Australia, New Guinea or Nauru, and make application for naturalization not earlier than tvo years and not later than seven ye&rs after making the declaration; • •

•. < , V Q a # 9 O G O

"(ill) have redded in Australla? Kew Guiaoa or Nauru Tor at laast five years, includîr.3 Uio j^ar uaMôdiatoXy preceding the application and anottie^ tour years during the eight years . immediately ^rooedin^ -fc-lie data, of the applicatif;

«o •••••• 11 (v) have an adéquats laic ;le.lg3 of the English langage, or, alternatively, have raaided in Australia, Now Guinea or Nauru for at lenat tventy years;

•

Nauru," ÇE1/216^/PACLO20^ ppol-S) 3. Belgium; Articles 12 and 13 ci the Consolidated Nationality Act of I**- Docembar 1932, annexed to tlie second reply from Belgiuii, read as follows: tt_Artiole_ 12; In order to qualify for final naturalisation^/, a person must: 1/ Quoted from Hïhé Constitution of the Argentine Nation approved by the National Constituent Assembly, March 11th, 19^9f Buenos Aires, 19^9*. 2/ Article 11 of the Act reads ag followj "i£U£l® ¿1^ Naturalization confers Belgian naticanality, Hovevor ordinary naturalisai ¡ion does not confer the political righta for T?hic.b rival naturallzatioiL is required undsr tlie Constitution or the JAVS"* -» • • w o ' • <* E/2230 A/ON.V361,,. . Page Jc\ •'

••«»•••• (ii) have been habitually resident in Belgium^ or In the colony for

a period of not loss than fifteen years *é# ,.. , •

"t-ir»»j»«O , • . ' "Artacfce 13s Sa orâér to qualify for ordinary na buralization,-' a person must; n • • • »»*te«t« "(ii) have been habituaiULy resident in Belgium or Ln the colony for a period of not loss than ten years • •« " (lî/2169/Annex) w kn Burma,: An alien who makes an application and satisfies the conditions that:

(b) for not less than 5 years before the application he had resided continuously ln the Un:Lon and subject to its Jurindiction, ••»••••« (d) he intends if a certificate is granted to renide In the Union or to continue in the service of the Union or any constituent state thereof, "may be granted a certificate of naturalization under uection 7 of the Union Citizenship Act, 19^6# However, vithln a period not less than one yE>ar and not more than five years before th9 application is made he shall

have given notice; in writing; of his Intention to app;.y for a

certificate of naturalization c" (2/2l6^/Add#10, p#4) 5,, Chile ; "Supreme-Deere» No, 369O of 16 July 19^1 ijhioh consolidated tlte provisions concerning naturalization In force in 01 ir country, provides tiiat a certificate of naturalization inay be granted to aliens vho have resided to the Ee]?ublic of Chile continuously for more than five years, 'According to the definition in Article 57 of the Chileíjá Civil Code, the t€>rm alien means any person *who is not a Chilean, vhether he is a foreign rational or stateless." (E/rl869/Add.l, p.l)

1/ Article U of the Act reads as follovs: "Article 11, Ifaturaliacatioia c cc«nfers Belgian nivtionality,, However ordinary natural:: ;Sation does not . confer the .political rights for which final naturalizaiiion is required urider the Constitution or the laws",

• " •"• : l- "• '" '''.'.';'''"'[/'>"' ] Jèf . China: E/2230 A/ON .V 56 Page 33

6« Chinai Article 3 of tho Chinese Nationality Law, <|uoted in the reply of China reads, in part, as follows; ttThe Ministry of Interior she.ll not give authorization (for naturalization) unlesn the applicant for naturalization fulfills «ill the conditions provided in the following sub-paragraphs namely: "I. lie has been continuously domiciled in China for a period of more than five years, tt o0.,ooco (S/2l6VAdda3) 7, C zechos lovaklag "The Ministry cf the Interior of Czechoslovakia is empowered to grant Czechoslovak citizenship to applicanis provided they ... have rsaided in Czechoslovak territory at loaat five years ... In w special cases the condition of five year residence may te waivedo (2^2l6VAsML,12, pj.),, 8. Ecuadoj:; Article 2 of the Naturalization Regulations, annexed to the reply of Ecuador reads, in part, as follows; nIh order to apply for a certificate of naturalization, a person must; . .

O«B«0*»9 "(3) have resided in the country for five years aftsr obtaining the final residence certificate; " •»••••••" (E/2l6VAdd>, Annex H) 9 m France ; The lay requires that a person wishing to Recome naturalized must have resided in French territory for five years and for some years after naturalisation places naturalized Frenchmen under «sertain (chiefly electoral) disabilities. 10. 'Iran: "Applicants for Iranian citisenship must mee^; the following

HOtCt«3 n(b) Appllc-a-rite must havs reoided in Iran for five years, continuously or intarcnitiiently. (Employment in the service of the Iranian Government abroad, may be considered as residency in Iran.).w

11. Israel; See paragraph 25 above.

/l2. Japan: fî/££30 A/CN.lf/56 Page -y\>

12:. Japans "Japanese nationality may be acquired by iiatùrallzation on •permission of the Attorney (¿eneral if the applicant: . . "(a) Has had a domicile* in ¿Tapan for five or more years consecutively ..." (3/l869/Add,3, p,l) 13 ¿ Nev Zealand s wAn applj.cant (for a certificate of naturalization) must; M(a) give at lea,3t one yearJs notice of hie intention to apply for a certificate of naturalization; (b) have resided in New Zealand throughout the year preceding the date of application; (c) at the date of application have resided In Hew Zealand for a total of five years during '¿he preceding eight;

• «•••<)*0 (p) intend to resido ¿.a Kev Zealand;

.«.••••" &/2.869/Ate %k, pol) • ' • ^'» £2ESâZ? nTl19 conditions .for granting a oortifioatj of citizenship

ari> that the applicant ooo h^o resided in the country f Dr at least M 7 years ... (%/ZI6K/A6¿01? p,3) 15,, Pakistan^ "Uhdor the Naturalisation (Amendent) Aot, 1951, a certificate of naturalization can bs issued Isy the Government of Pakistan

on a foreigner^ satisfying -iortsin conditions; acme of TAiich are that:

11 (b) that he has either resided in a territory not less than five years Immediately precec.ixig the passage of the Naturalization Act or been in the service of Pakistan therein;

"(e) that ho intends to reside in Pakistan or entei or continue in the service of the Goveixrssnt of Pakistan; *<>• n ...,••.." (E/2l6VA4do6> ppcl-2) : ^* Sweden;; ' lf .«„ the ;^rinoipal re^uirsâtots laid down for naturalization are that' the applicant <,». b) munt have been domiciled i a Sweden for at ! lea^t seven yearD C.>/ ?2¡l2íOt ¡¿¿.cCf p,,2}

/If. United Kingdom 2/2230 A/GM/56 Page 35

17« United Kingdom and Colonies;, The Second Schedule fxx the British IBa-tionality Act, 1S&8, annexed, to the reply of the Uni tec. Kingdom, reads In part, ae follows: -. "QUALIFICATIONS FOR ÎÏATUEAIJZÀTION Aliens M l# ,#, the qualificaticns for naturalization of ar alien who applies therefore are: "(a) that he has either resided in the United KlngclcEi or been in Crown Service under His >iajeetyfs* Government in the United Kingdom, or partly the one and partly the" other, throughout the period of twelve "months Immediately preceding til© date of the application; and 11 (b) tliat during the seven years immediately prseeding the said period of 'twelve months he has either resided ii tha United Kingdom or any colony, protectorate, United Kingdom znahdated territory or United Kingdom trust territory or Is.een in Crown service as aforesaid, or partly tCa one and par¿Iv the other, for periods amounting in the aggregate to not loss than four years; and

••»0*««» ^(e) that he intends in the event of a certifíente being granted to him.9 . , . (i) to reeide ixi the United Kingdom or in any colony, protectoral» or United Kingdom trust territory or in the Anglo-ügyptian Sudan; or (ii) to enter into or continue in Crown Service under His Majestés Government in the Unitec. Kingdom or under the Government of the Anglo-Sgyi tian Sudan, or service under an international orgs ni nation of which His Majesty* s Government in the TJhited Kingdom is a member, or service Jn the employant of a society, company or body of persons eetablished in the United Kingdom, or established in any colony, protectorate or United "Kingdom trust territory.

••«•••J« /^Application to ïï/2230 A/CKOV56 Page 36

"Application to coloniesf pro toc tarâtes and trust t terri tortas 11 il-o The foregoing provisions of this schedule ato ill, in their application to any colony, protectorate or United Kingdom trust territory, have effect as if: •••••«• "(b) for the reference in sub-paragraph (a) af paragraph 1 <,,.„ thereof to residence in the United Kingdom tiere were substituted a reforenoe to residence in that colony> protectorate or territory ..." (E/216U/Add.5, Annex l)

3.60 United States of Amerioat "Among the requirement 3 that must be mot generally by each applicant for naturalization are thab he must prove a lawful admission for pennanont residence followed by a specified period oí1 continuous resldeD.ee in the United States thereafter, generally five years." (E/l869/Add.l2, p.i>) a 29« P r"be§orv_ II: Khovledge of "he language or of the Institutions of the country, * • ' •~~~~*-'*">~~m'~~"* ^•* Australia: "Broadly the applicant must:

"(v) have an adequate Icnovledge of the English laiguage, or, alternatively havo resided in Australia, New Guinea or Nauru for at least twenty years; "(vi) have an adequate Icnowledge of the responsibilities and privilege of Australian citizenship ... 0 •••....." (E/2l6VA(ld#2O, pp.1-2) 2. Burma: "The Minister way cyant a certificate of natural!zation to azi. alien *«ho makes an application setting out and satiufying the Minister: it •»*e«o»« M(c) that he ... can 8]>eak the Burmese, Chinese, JCashin^ Karen or Shan language ... M ••««•••e, (E/2l64/Add.61 Annex IV)

/3, Ecuadors E/2230 A/CH,V56 Page 37

3* Ecuador: Article 2 of the naturalization Regulations, annexed to the reply of Ecuador, reads, in part, as follows; MXti order to apply for a, certificate of naturalization, a person muet:

"speak and write Spanish, and have general knowledge of the national history and geography as well as of the Constitution of the Republic; and . 11 .••••..." (E/2l6VAdI.^, Annex H) ' K, Israel; See paragraphs 25 above. 5* Hew Zealand; "An applicant (for naturalization) must; H •••••••• M(e) have a sufficient knowledge of the English language; ft(f) have a sufficient knowlege of the responsibilities and* privileges of New Zealand citizenship)" 11 n (E/1869/Add.4, pp.1-2)

6# Pakistan: "Under the Naturalisation (Amendment Act, 1951) a certificate of naturalisation can be issued by the Government of Pakistan on a foreigner's satisfying certain conditions, some of which are that: « n(d) that he has an adeg.uato knowledge of the vernacular languages of Pakistan; 11 " (E/2l6VAdd.6, p#2) 7* United Kingdom and Colonies¡; The Second Schedule to the British Nationality Act, 19^8, reads in part, as follows: "QUALIFICATIONS FOR NATURALIZATION "Aliens "1, ,,. the qualifications for naturalization of an alien vho applies therefor are: it "(d) .that he has sufficient knowledge of the English language *., H ••»«•••«

/"Application to S/2230 A/CIÎ %k/% Pa.ge 38

'^Application tocoloniee, protectorates and, trust territorlea n 4# The foregoing provisions of this Schedule áiall,, in their

application to any colonyt protectorate or United Kingdom trust territory, have effect as if:

•••«•••• w(c) for the reference therein to the English language there were subsituted, ..«in the case of an alien, a reference to the English language or any language recognised in that oolony, protectorate or territory as being on equality with the English

language." (E/2l6k/AàAm59 Annex I) 30» Category Ills Age and. o&ff loltg 1» Australia; "Broadly 'she applicant must;

11 (ii) be of full age (îîl years) and full capacity

" e. •" (S/2l6VAdd.2O, pol) 2. Belgium: Articles 12 and 13 of the OonsolicLa.ted Nationality Act of Ik December 1932, anne^€td to the second reply, of Belgium, road. In

partr as follows: ^Article 12 ¿, In ordei- to qualify for final natuialization» a person must: . (i) have completed hjs thirtieth year; . •

"ArtlcXe ¿g.. In ordez to qualify for ordinary na turalizatioiP' (i) have completed hjs twenty-second year; 11 M (E/2l61f, Annex). 3. Burma; "any alien who makes an application and satisfies the conditions that:...... 11 (a) he has completed the age of 18 years; . ... inay be granted a certificate of naturaljzatioi under section 7

. of the Union Citizenship Act 19^8." (E/2l6VAdd#L0, p^)

1/ Article 11 of the Act redds as follows? "Article 11. iSaturalization "* confers Belgian nationality. However ordinary naturaltiation does not confer the political rights for which final naturalizabion is required ,under-

/If. Chinai : S/2230 A/CN,ty56 :?age 39

fc# China: Article 3 of the Nationality lav of China, juoted in the reply of Chlina rea-$s, in part, as follovs: "The Ministry of Interior shall not give authorization (for naturalization) unless the applicant for naturalization rulfilia all the conditions provided in the following sub-paragraph, namely;

2. He is above twenty years of age and has legal capacity according to both Chinese lav and his national lav; it MIf an applicant for naiiuralization is a stateless person, the requireiaents stated In sub-peragraph 2 above shall be determined solely by Chinese law/ (E/2l64/Add.a3, PP.2-3) % Ecuador; Article 2 of 1ihe Naturalization Begulaticns, annexed to the reply of Ecuador, reads, in part, as follows; wIh order to apply for & certificate of naturalization, a person z&UBt: (l) have legal capacity In accordance vlth his personal statue and, the Ecuaàorean lavs; " o.n (E/2l6tyAdcL>, Annex n) 6. Jran; "Applicants for "ranian citizenship must meot the following aucilif ications : *a. Applicants must be 18 years of age;

" " (E/216>/Ad

8é Japan;: "Japanese nationality may be acquired by wituralization on pe:ciaission of the Attoroey-Gsneral if the applicant;

• •0«9*ftft M< f 1 6# "Cs tventy years of age or more and a person of full capacity according to the lav of his or her native country ... w ., " (E/l869/Add,3, PP.1-2) W 4 9# Nev Zealand; A cort'fic* "^ ^^ npt^raHzation) xn*y be granted to •any alien in ful4» *ge and capacity» ... Stateless persona come within this definition*" (E/l869/Add.4, p.2)

/10, Norway; E/2230 A/OK #V 56 Page to

10o stSg'fftf} ^•..ocondit.r.r^ for CXGX&ÍVB a corfcificate of citizenship

are th&t t'.î.o ??:;,;•*-'c^/h :'M nc'-» loss fcfcar». 18 years old o»»"

(3/23.6VAdi.,:^ pp;?) • • 11* Pakistan5 "'tM.er «"ie ífeta;rü;l*fcfttiosi (Asaûdaent) Act 1951. a certificat cf TÎT/tura".irai icn car. be ¿osaod by toe Government of Pakistan on a foreigner0 c oat2.'ñf;yii.g cor-tain cen&itîona^ soios of "which are that: ...... •"(&) 2io iê not a miner, .... !i " 6,efS,ot (3/2l6*VAdÛ.o6, PPe.1-2) • 5Ï 12. Swîens 9Í5 tho principal requirements laid dowi for naturalization are that the applicant (a) must "be eighteen years of. age, *..." . (B/iaS?/Ad5..9, P.2)

13e Î3hit3d Kinssiocv eUd Oclonieo? Section 10 (l) of the Britisji.

Nationality Aotp ~$hQ? reacts^ in jwrt, as follows: . ,: B10-(l) The Pecreiiûry of Stato 2Hpv.y, if application therefor is ¡mad© to him ir¿ the proecribed-isaaner-by any alien or British

promoted person oí íull age a):id capacity o,o (prant to him a

cortifioatc «f aAtiu'clieaticn^ (Sj/2l6^/Addo5, Aimsx I) 31» 32ie replias of t¿^ Govia^'ïïsr.œits of tlio following countries contain information aa bo the natiiralizaticn of minore s

• . lft Austra3.ias *'2ihe Miîiieter is emnjovwred. in certain cases. •». to grant a cortificata of wat oral:', cation to an alien "whe io not of full lf ageB (:s/ia^/Adac£0? p,2)

2e Iera>*ls Gae psrt>gr&rh 25 aboveo 32» 2?he replies or tha Gin-amrceavS of the following countries state that a .• minor .«Bay ,aoc^uiro the couï*tryffl natiotiality by registra tien, s le îtew ZeaXEUAd; "Alîoiifi vho are not "of f\ill age may acguire.

citizonaîiip by rogí&tesvuicn wx<3.er tho Act0 îliie procedure ft0. is open

* - .. to statolesB ^rn^sjjî/ {S/lB^/AidcH. po2)

2O ¿a¿sista? Action ?.l of ta?.a Ita^iñtea Oitizenehip Act, 1951,

anj.iszed to tlie rep.\y of &nkjntonf reada as folXcvss

. -<: .. . "11 (l) iTha Caik'«&*«". 5o/ci/8sasr*fc way, upon application to it in •••••. . his bíúietf, K3-lí? 5n fee preferJ>rid xaasnar by a garent or guar-Iiar* of a EÜnor child of a citlz*n of Pakistan^, register

tho chi'}>\ ao a oifcisea of Paítí.8tan0 ' '' .-:j- (2) Xbo C^^Tfíi CrCYüi'í-worít sasyj, in -luch ci roumstances as it •^^"ic-á fit. r'jp.ïfcôui" any "¿r.inor ao a citiwa of Pakiotan»"

/3. JWLtadJE E/2230 A/CN.V36 Pag© la

3. Ifaited Kingdom and Colonizas TJhder Section k oí the (British Nationality Act (19^8)) ar. alien minor child of a citizen of the . United Kingdom and Colonice - or in special circumstances, any alien minor child - may be registered at the discretion of the Secretary of State as a citizen of the United Kingdom and Colonies." (2/-2l61f/Add»5) •

32» Me# See also Section HI of Chapter H (paragraphs 53 to 57} for facilities granted to children of a naturalized person for acquiring the nationality of the country,

33» Category jy: property or income requirements :i« China; Article 3 of the Nationality Lav of Chinu, quoted in the reply of China, reads, in ;part, as follows: "The Ministry of Interior shall not give authorisation (for naturalization) uniesu the applicant for naturalization fulfils all the conditions provided in the following suVparagraphs, namely: •••••••• "km He has sufficient financial means, or skill and ability to earn his own living. tf ..o n (E/2l6VAdd.l3, PP,2-3)

2# gcuador: Article 2 oí' the Naturalization Regulations, annexed to the reply of Ecuador reads, in part, as follows: "3*i order to apply for a certificate of naturalization, a person must: » w(2•«•••••) posses• s a lawful property, business, occupation or office permitting him to support himself; tt! • • " (E/2l6VA4d.VAà** rr) 3» Japan: Japanese nationality may be acquired by naturalization on permission of the Attoms/^Jenera-t if the applicant: n tt f 1 d) Has property or ability for independent living ; #.#

n ." (E/l869/Add#3, P.2) *

/k. Norvayt S/2230 A/OS*, V 56 Page k2

k«: 'fvrtëg* WÎH2« conditions for greeting a certificat© of citizenship

are that iho applicuii* o:,0 if? ab?.e to support hiassjf and his family."

..:• •(B/2l6í^dd6lP Po3) • .•.;- •§. Sv©&e\xs "'^h3 principal -roqulrsasri'js laid down for naturalization

^-'•••are tfoat-t/is applicant •*, a (&} mwat bo able, to support, hiaisolf and his

' -. family/.. (E/l869/Ad<3.e9;. pP2) . 3^»\ Category y§ Loen of former natioaality or oath of ellegiarae

lc Balglvnï Article il* of the Caioolidatod Katiorality Act of ••• lh December .£932¿ • annexed to the second reply of Bolgivni^ reeds as .'• follows.:î: •

"Article l^o An application for naturalization shall not be recoivabls -viîiere under ths national lav of his own country the applicant .. may obtain authorization to retain his nationality in the event of hie acquiring another •* (E/2l6^/A?.necc)

2O 3mm; Section 7 (k) of &ie Union Citizenship Act, 19^8# annexed

. to .tiie reply of Burma, rei%da^ in partf && follovai «7 f-.\ 090ded«ta w(*v) A cortîficîite of naturalisation nhall not take effect until tho appli I 3* OaeohofllovaJdas ^Ojhi^ rilnistry of t¿ie Interior of Czeohoslovalcia :'is eapowêred to great 0seahoalovalc citizenship to ap])lics¿it9 provided «•• that thay do net retain their old citiaensiiip if the;r are not etatelees

persons/ (B/2l6lf/A44«12j" pol) k¿ 2oua¿or2 Article 2 of tho HaturaXisaticri Regsilíétions, annexed to

the roply of SCVÍUSOI*, roa^5 i;n part^ ais follows? •'In order to be '¿hXe to apply for a certificate of returalization a vorson musts '• •

COOO««4O ' :t-f?'(:b5 prcduco a oorbjiicate frca the aJploKa-jaio cr Gor*sular reprèoéiafcativa cciweiiied ahowing that "by fcecoairg naturalized the v applicant :ossa h?..«j jrovlous ,n&ticr^Ilt7, ("E/zi6k/&à.&ok, Annex H)

/5. £S£S: E/2230 A/CN.V56 Page h3

5* Japant - "Japanese nationality-may be acquired b;r naturalization on permission of the AttornoyGeneral if the applicants

O0«*»»»» 11 (e) Sas no nationality, or will lose a nationality on acquisition

of Japanese nationality 0 e e

" ...... *•" (E/l869/Adde3, P,2) ^* Hey Z&alanâ; î?An applicant (for naturalization! muets

M(b) Take the oath of allegiance prescribed by i;he act before the grant is effective/ (E/l369/Add.U, p<>2) • 7. Norway: Section $ of the Norwegian Nationality Act of the 3 December 1950 annexed to the reply of Norway, readf, in part, as follows:

" "Section 6 f/96 ' - wIf the application is gran te dj. the applicant 8i:all be notified that a certificate of altizonsfcir vill be issued to hüa, provided

he within a year haa declared hie allegiance to the Constitution m0m If the applicant is u&'.or 18 ye^irs of age or if he is inBane,

no fluch declaration la requiredo "if the applicant under tlie laws of his home covntry cannot surrender hie previous nationality unless he is re?^ased'from the same, it is usually also required that ho shall prove within a

year that hs has been so reli%as©a0" (*?•./2l6k/Aôslolf Annex). 8. Pakistani "tJhder tlse Naturalization CAmondaoent) Act 1951f a <3ertificate of naturalisât ion can be issued by the Govornment of Pakistan on a foreigner's satisfying certain-conditions, sea» of whftch are that: n o o o o « f) o 4 "(f) that he is prepared to take an oath of loyalty to the

Constitution of Pakistan/ (E/2l6tyAddo6, p#2)

9# Sweden; Article 6 of the.Swodlaii Citizenship Act of 22 June 195O, ittinexed to the reply at Sv?cC-jn>-reaac> in par^ a? Z'jllwsi • MIf an applicant viio 5 3 a citizen of a foreign 3tata should not lose such citizenship by reason of Ma naturalization without the consent of the government cr otter authority of the foreign state,

/it may be E/2230 A/CH M $6 Page W 4

it may be nade a condition of the acquisition of ! Swedish citizenship that the applicant shall submit proof within a specified limit of time to the provincial government indicated by tho King in Council that such consent has been granted. The provincial government shall decide whether sufficient evidence has been produced.*1 (E/èl6U/Add.l6, Annex;) 35» The reply.of the government of one country also states that the naturalized person must take an oath of allegiance, although the acquisition of the country1 s nationality does not entail loss of the nationality previously held: tfcdted Kingdom and Colonies ; "Dual nationality is tolerated in United Kingdom lav. An alien who decentes a citizen of the UhLted Kingdom-and Colonies need not in United Kingdom law renounce his former nationality,n (H/2l6h/AâA.5) . Mention should also be made of flection 10 (l) of the British Nationality Act, 101*8/ annexed to the reply of the Iftiited Kingdom, whlcti reads, -in £art, as follows; n10 (l) .„. the person to whom the certificate is granted shall, on taking an oath of allegiance in the form spécifiai in the First Schedule to this Act, be a citizen of the United kingdom and Colonies by Naturalisation as from the date on which that certificate is n granted 9 (S/2l64/Add,5, Annex 1}

36# The reply of Ceylon, where citizenship cannot be acquired through naturalization, but can be acquired by registration (see paragraph 2h above), centaine the following statement: !IA feature of the Ceylon Citizenship lavs ie that provision exists against possession of dual nationality, A citizen of any other country in requested to renounce such nationality within a prescribed period of t:tme after the grant to him of Ceylon citizenship. . In effect therefore i*b is easier for a stateless person to secure Ceylon citizenship than for a person already possessing another nationality/ (E/2l6^/A>dd,2, p,2)

37* Oategsory irit Good character . : 1« Australian hBroadly the applicant must:

fl(iv) be of good character (V2l6VAld.2O, p,2) . . /2, BuxgSt 2. Burma; "Any alien who makes an application and satisfies the Cisnditions that:

«•••••«a 11 (i) he is of good character .. may be granted a certificate of naturalization under Section 7 of the Union Citizenship Act, 19W (JB/2l6tyAdd.lO, p.4) 3t Chinas Article 3 of th applicante provided that they have not committed any act which is harmful to the Czechoslovak 1 Republic or its Peoples democratic regime .,/ (E/2l64/Add#12, p.l) 5« Ecuador; Article 2 of th

"(«O have been of irreproachable conduct before ind during his residencep 11 ...... n (E/2l6VAdd.4, Annex H) 6. ¿^^â^»' "Japanese nationality may be acquired by naturalization on permission of the Attorney-General if the applicant;

«/[c) is of 'upright conduct' .... i» M(f) has not plotted or advocated or formed or belonged to a political party or other organization which has plotted or advocated the overthrow of the Constitution of Japan or the government existing 1 thereunder/ (E/l869/Add#3, PP.¿-2) ' • ' /7» ffew Zealand: E/2230 Page k6

7. New aealaid; "An applicant must:

"(d),«Be of good character;t 11 ..." (:E/1869/Add.l*, p.l) 8. Norway: "The conditiona for granting a certificate of citizenship aro that the applicant ... has shown good conduct...." (E/2l6VAdd.l, p.3) 9. ; Pakistan: "Under the naturalization (Amendment) Art, 1951 > a certificate of naturalization can fco issued "by the Government .of Pakistan on a foreigner^ satisfying oertain conditions, some of which are that:

"(c) that he is of good character; 11 " (E/2l6tyAdd.6, pi. 1-2) 10. sffiljiKir1 "The principal requirements laid down for naturalisation are that ^l* a^B^icant ....c) must b« known to be of good caaraoter..." (E/l869/Add.9, p.2) 11 • United Kingdom and Colcnies; Schedule 2 to the British Nationality • Act, .19^8, annexed to the reply of the united Kingdom, reads, in part, as follows; "QUALIFICATIONS FOR NATURALISATION "Allans "l ••« the qualifications for naturalisation of an alien who applies therefor ar©: ti "(c) that he is of a good character; ..• " " (E/216U/Add.5, A:anex I) 38- Waiver of statutory requirements for naturalisation at the discretion of the author i ty^ppape teat to granj naturSitatlon T|ie replies of the governments of the following countri e« contain information as to conditions under which a waiver of all or certain statutory requircxnents for naturalization uiay t>e granted fcy the competent authority at its discretion with respect to any applicant.-' • \, 1/ For cases where; the statutory requirements for naturalization are waived in favour of .certain specified categories of persons, see Chapter II of this Part. /l. Czechoslovakia: E/2230 A/CN.V56 Page *7

1* CzechoslOTokia; HIn special, cases the conditions of fire year- reaidenoe may te waived." Qc/21éVAd¿.L2, p.l) 2« Norway: ''Dispensation :frorn these conditions (for naturalization) may, however, be granted when special considerations make it appear reasonable to do so." (E/216VAdd.l, p..3) 3. ftikistani "stateless nationals in Pakistan can acc.uire Pakistan citizenship by naturalization under Section 9 of the Pakistan Citizenship Act, 1951, which runs as follows: fThe Central Government nay, upon an application made to It in that behalf by any pez son who has been granted a certificate of naturalization under the Naturalization Act, 1926, register that person as a citizen of Pakistan by naturalization: 'frovided that the Central Government may register any person as a citizen of Pakistan without his having obtained a certificate of naturalization as aforesaid.1" (E/2l6^/Add.6,Annex) 4. Sweden:: "with regard to the special grounds which applicants may have for the grant of Swedish nationality, such naturalisation nay be granted, irrespective of whether conditions (for ijaturalization) are ever fulfilled." (E/l869,/Add.9, P-2) 5* united Kingdom and Colonies: The Second Schedule t<> the British Nationality Act, 19^6, annexed to the reply of the United Kingdom, reads,

in part, as follows: % "QUAIIÎTCAÎTICNS FOR NATURALIZATION . "Aliens

"2. The Secretary of Slate may if in the special circuios tances of any particular case he thinks fit - "(a) allow a continuous period of twelve montfcs ending not more than six months before the date of the application to be reckoned, for the purposes of sub-paragraph (a)-/ of the last foregoing paragraph, as if it had immediately preceded that date;

1/ See paragraph 20 above. /"(b) allow 2/2230 Page UÔ

11 (b) allow residence in any country mentioned Jn sub-section (3) of section one of this Act-' or in Eire, or in any mandated territory or trust territory, or in the Anglo-Egyptian Sudan, or residence in Burma tefore the fourth day of Jaruary, nineteen hundred and forty-eight, to be reckoned for the purposes of sub-paragraph (b) oí the last foregoing paragraph: 11 (o) allow service under the government of any country mentioned 2/ in the S4id subsection (3)-^, or of any state, province or territory thereof, cr under the government of the Anglo-Egyptian Sudan, or service before the fourth day of January, nineteen hundred and forty-eight, under the government cf Burma, to be reckoned for the purpose» of tho said sub-paragraph (b) as if it had been Crown service under His Majesty's government in the United Kingdom; 11 (d) allows periods of residence or service earlier than eigjbt years before the date of the application to be reckoned in computing the aggregate mentioned in the said sub-paragraph (b). :< (E/2l6VAdd.5, Annex I) . .

SECTION II: Practice followed with respect to naturalization 39» The ¡replies of the Governments of the following countries contain information on the practice followed by them generally in the : natter of naturalization and, in some cases, on the practice followed wh?n the applicant is statelses:«/

1/ The following countries are mentioned in this text: Canada, Australia, New Zealaiad, the Union of South Africa, Newfoundland, India, Pakistan, Southern Rhode3ia and Ceylon» 2/ * B>id. ¿/ Peats of the replies of governments concerning practice foillowed by them with :respect to naturalization lire reproduced in an alphabetic order. See, howeviïT, the summary in Part II • for an attempt to classi:^ the replies in accordance with the treatment granted to stateless persons in the matter. /!• Australia; E/2230 A/CRA/56 Page 1*9

1* Australia: Applications from stateless persons for naturalization as Australian citizens are considered on exactly the sano basis as those of other aliens, and are approved if the applicants can 3Qmply vith the conditions laid down by the Nationality and Citizenship Act 19^8-1950." (E/J>l6VAddi,20 p.2) 2. Belgium; "Belgium could not consider granting stateless persons ©specially favourable treatment in obtaining Belgian naturalization. My country is obliged to pursue a restrictive policy in ;his connexion* It is very densely populated, the population is still increasing and immigration in the past thirty years has been particularity high. "Belgium is obliged to bo careful to grant naturalisation only to persons who can be readily assimilated into the national community. That is the only criterion vh:.ch is taken into considérai,ion, and no special attention is paid to the nationality which the applicant may or may not possess. "Thus, stateleesness in itself does not represent an obstacle to obtaining naturalization. (E/l86*9/Add.7, pp.1-2) "Acquisition of Belgian rationality through option cr naturalization is open to stateless persons en the same conditions as tc aliens coming under the provisions of ordinary law." (E/2l6k, p.2) To the second reply of Belgium is annexed the text cf the Belgian Consolidated Nationality Act of llf December 1932. Articles 16 and 17 of the Act outline the procedure followed in the matter cf naturalization* Article 17 reads, in part, as follows: "Article 17. The naturalization order, having been noted by the Chambers and approved by the King, shall be notified to the applicant through the Minister of Justice. ((Ibid) 3* Canada: "The Canadian Government is in accord with she spirit and intent of paragraph 7* He fugeos and stateless persons who have been admitted to Canada for permanent residence can become Cam idian citizens as soon as they have complied with the normal statutory requirements which apply to all Immigrants. It is, Indeed, the policy of the Canadian

/Government E/2230 A/C3N.V56 !>0

. Government to encourage all residents "to prepare themselves for Canadian citizenship. Canadian-legislation makes provision for tfcs implementation of this- policy "by instructing aewly-arrived inmigrante in the responsibilities' and privileges of Canadian citisenship." {3/1369, p«l) k. Chile,: "Supreme Decree No., 3690 of 16 July 19x1 which consolidated the provisions concerning naturelisation in force in our soua-ry, provides that a certificate of naturalisation may be granted to .aliens who have resided-in the Kepualic oï Chile continuously for. more than five years. According bo the definition in Article 57 of the Chilean j'ivil Code, the term alien means any person irho i 8 not a Chilean/'whether he is a forelga national or stateless « "The legislation in force in Chile ¿oes not providé my special procedure for the naturalisâtlaa of stateless persona, as they encounter no special difficulties•in obtaining naturalization* f:While it is true that in some cases difficulties may arise owing to the lack of doccsnentatl'on necessary for ths certificat') of nationality to bo issued by the Ministry o:f Foreign Affairs in accord1 wxo with the regulations- now in force, in such circumstances the said Ministry proceeds most sympathetically in issuing the certificate."' (E/J.35¡>/AÍM«.1, pp. 1-2) 5« 5Siïï£^£B "Daniró logislation cont&:liv3 no provisions cccocming the conditions under vhich an appli.cant may bs naturdizied aa a, Danisa citizen.. In each individual case naturalisation is effec^ou "by the -passing-of a'special act. In each case the legislature has Í5.oilit-ies for Judging individually ths applicant's qualifications for aoquiring Danish nationality even if, in practico, certain guiding principles have developed in dealing with such applications. The nain cor:aide-ration is whether the individual apt>licor:t can be deemed to hay© acç.aired such an attachpp^ú uw ]>s^iTP3rk that his admii3sion as a citizen may "be regarded as natural,- and -it will thereby be possible to consider vhetter "a more or less intimate connexion vita tie applicant's former home country still exists. At this judgment the íact that ho may b© stateless vill, of course, also "be of importance. " Bufihe Ker^ fact that* a JGTQOK. is not a national of a foreign -country is not in itself sufficient basis for leaving out of recount the ucual Seraand for attachaient to ^rauce-k*"

(E/l869/Adclfl6, ps3) 6* Ec-i^.dor: E/Í2230 A/C3Î..V5-6 Page 51

6- Ecuador: "... my Government has carefully considered the proviens of state leesns-ss'in't&e light ó:f'-the modern'principles of International lav and the prinéiplea laid 'dôvn inr international inatxvmônta* ITor this purpose, a careful re-examination of our-nationality' laws has "been carried out in order to ascertain''vhet&er anjr of their provisions night .. .afford no solution for those cases '(of- sts.teleasness ) which have acti&lly arisen. : On© reason for this re-examination vas the wish to give prcapt and due effect to the recoanaenàatiôn'made at ita:session from 16 February to l6 Marsh 1950 by the Ad Hoc Committee appointed' by the Economic and Social Council to study "the-problem. "As a result of this study, supplemented by the propsration of draft naturalisation regulations^ my Government has reached the conclusion that cur* nationality lavs are iñ accordance vitii the three basic principles of modern lav on the subject, namél/: (I.) 'nationality cannot be "Imposed*;• ' (il) Everyone should have n political "allegiance* * and (:!), 'no one should have more than' one allegiance * « In ci ting, special ' consideration tó the second principé, which envisages the problem1 of- statele^saesaV ''particular h^edvas peid to the following corollaries laid down ty "writers on'the subject: • (I) ¡tayona tfho, owing to a^cial circuinstancss; has lest his nationality of origin shoiad aoquire a new duo or raacquire the former one1; • •'•" " r¡ '• • « '• ' • (2) 'duty of legislations to"eliminate "systems irhioh give rise to stato.TjBsariSsa ' 5 •;'-.'.. (3) interpretation 'bj legisliatibns of the individual's presumed vi¡3hes, in the absence of hiia axpireatfed vishes, in order to put an .end to stateldesness?l; aniá'' ''•••'••• (k) !tb3 nationality determiLhed'in'accordance vlth tlxe presumed wishes should in no" case b© 'îinterpîiièted as a breach of -he first rule vhich provides that nationality-cannot bs imposed'. "'Consideration vas also given to- declarations on tho subject, such as those in .Article k of the Geneva Convention of 1933 and Article" 15 of the Declaration- of' Hu&ab Rights"."' • ' ' •" '"' ' ' • ••

/"it should be E/2230 VCN.V56 Page 52

"it should be noted thc.t the r©-examinâtion not otly led us to the ccnoluaion that our laws voz1» fundamentally In accordai ce with the : atore-mentioned, principias eind declarations but also tc the disoovery that the previous regulations contained two provisions which gave rise to cases of stateleseness; that which debarred from applying for naturalization persons who had been natura3.ized in another country but were resident in Ecuador as stateless persono after losing their nationality for reasons such as absence; and the requirement that, as a prerequisite for consideration of an application for naturalization, the alien applicant should take an oath renouncing hip nationality of origin. These provisions hare been omitted from the new regulations. In the fix at case, it was inadmissible that a person trho had settled in Ecuador and had established the centre of his affections and interests there - and had thereby lost his nationality (oving to severed years absence from the ccuntry of which he vea a national) - should not; be able to apply for and cbtain naturalization in the country of his choice- and should remain there without legal status,. although he had fully demonstrated his allegiance and attachment to Ecuador. In the second case, it was not,vise to make renunciation of former - . nationality a prerequisite for the consideration of an application for naturalization, as, if a naturalization certificate vete not granted, the applicant would be stateless;. "Generally speaking, I hare the honour to inform jou that, as a result of this study of the problem of state losa nose, it may te said that Ecuador has complied with the United. Nations recommendation regarding the advisability of facilitating; the acquisition of nationality by naturalization." (E/l869/Aa,d.5, pp..l-2) ... it may be stated that the Constitution and the laws of the Republic are based on the principle that nationality is a voluntary link between the individual and the Sítate which protects or represents him. This principle of the voluntary link applies to Ecuador©ans and to aliens residing in the nation*s territory. . 11 • • • "As regards aliens, Article 11 and Article 92 (ll) of the Constitution open the way for them to Ecuadorian nationality.

/"But, E/2230 À/CHA/56 . Page 53

"But,fiiibjact t o this priacip3.e that nationality is a TGls^fcsry link, the legislation and particularly the administrative organs in their daily practice are sympathetic to ths elimination of stateless; >:? 6 .or'-its reduction as far as possible, sine® it is regarded as an undesirable and abnormal legal phenomenon • . .

» • r "The iawa of Ecuador do not contain any measures to eliminate statu le saneas "by coerción or persuasion "because that would impair the "basic principle that nationality is a voluntary link. On the o-iher hand, once a stateless person has expressed the desire to acquire Eaiadorean nationality, the Constitution and the laws give him the same opportunities as any other alien without any dieoriminati<3n and, if he meets the requirements laid down in the relarant laws ana regulations, the Executive, in the exercise of its discretionary powers, garanta him Ecuadorean nationality « (Article 92 (11) of the Constitution, Article 13 of the naturalization Act and Articles 1 and ÍI of the Naturalization Reculât ion» )" (E/2l6^/Add .k, :).2) . . THe legal texts mentioned in the reply of Ecvadcr, with tîie exception- of Article 13 of the Naturalization Ac1:, are annexei thereto» Articles 11 and 92 of the Constitution, annexed to tfc.e sexsond reply of Ecuador, i*ead, in parb, a£î follower "Article 11. The following are Ecuadorean, by naturalisation; .

"(h) Persons who have obtained the certificate of naturalization in aocordance with the lew (in the manner prescrira "by law);

"Article 92. The following are the powers aad dutíeíi of the President of the Republic: "

"(11) Tc grant, ,.. certificates of naturalization iu conformity with the Constitution and the law." (E/2l6!-i/AddA, Annex I) Article 1 of tha naturalization Beguls^^ons reads as follows: "All aliena without distinction vhc ce^t the reouireriewts bf the lav and the present Regulations aro eligible to apply for natiiralization as Ecua<3.orean nationals." (E/2l6^/Add.l!-, Annex II;

/For the text E/2230 Page 5*

. . For the text of Article 2 of the Naturalisation Regulations, petting out the requirements vhich an appliciint for a certificate of naturalisation must fulfilj see Section I of this Chctptor. 7* 5SO£.: "Notwithstanding the fact that Egypt is today overcrowded vith its inhabitants, the Egypti*m Covernment grants to a c«rtain. extent, the Egyptian nationality to a considerable number of forei^jaers. The number

e&timated to have obtained the said nationality this yinr^/ ±8 1369." (B/2169/Add.lU, p.l) 8. France; "KEBOTESS ItiSD NATURALIZED PERSONS in relation to the total population of France in 195,0 A. Distribution of population 1.» Immigration between iftCO and 19^0 ^here vas a considerable movement of foreigners i.nto and out of France between 1900 and 1950, quite apart from the friendly and enemy fer of deaths &:id adding the number 03* births, we arrive: at a figure betveen 5 and 6 roillion. With the & o -callod. "clandestine" immigration, the figure is actually higher than 6 mill:.on.

1/ Tlie reply of Egypt is dated 9 November 195^» E/2230 A/CN.U/56 Page 55

2, Nationality of the inhabitants of Franco in 1950

Total number of inhabitants: U2,000,000 FRENCH: lj'0^000.000 French nationality only Double nationality French from Trench by French from French by • birth . • . acquisition birth acquisition

37,ooc,ooo 1,000,000 1,000,000 1,000,000 Í?) Total number of French natlonala from birth 38#0OO,O0O 13) Total number of EBfrnoa nat 1 onala by acquis it ion 2,000,000 • . ALIENS: íi.000,000 Ordinary Refu/tees Of definite nationality, Statolesa : Of definite nationality Stateless 6 7 8 ¿,700,000 05) 150,000 150,000 Total number of ordinary aliens l.;700,000 Total number of refugees 300,000 16) (1) Owing to the combined effeot of the French lavs on tho acquisition of I'rench nationality from bljrth and of the lavs of other countries on loss of nationality, out of the 37 million persons ahovn i:i column 1, ]. million are French from 'alrth and solely French, although their iwrents may haTe immigrated to France after Í900. Tho othsr 5 million out of the 6 million referred to in paragraph 1 are covered by columns 2! to 6. (2) IJbder the law of many foreign States, the nationality of origin is lost vhen another nationality ia acquired (particularly if acquired voluntarily). Hence persons who have acquired French nationality are divided into two equal groups: the first, persons wh? hare only French nationality; the second, persons with double nationality, (3) The term "French from birth* is applied to persons wha are French by descent and to any person of foreign origin who is bom in France and one of whose parents was likewise born in France. (k) ^Phe term "French by acquisition'1 is applied to person3 who, having been born aliens, hare become French nationals since birth* The most common jnethods of acquisition are: declaration before a Juga^ de_ paix; residence in France at the tine of attaining majority "(both these methods apply only to persons born in France); marriage and decree of naturalization

"B» Aliens in Franc© ... ••; ..,.. ... ,1«. Rijtte of Naturalization "it can be-..seen from the,above table that over a period of fifty years French nationality has bsen,"granted either automatical;^ or by request to ,!*• Billion aliens, half of them having dual nationality, This means that qne-tenth of ..the (population of France consists of persons who have been »•...,', French for one- or» two generettions only. nHowever,.s?ea:t'the fittç.chine^t vhi.c-h these "persons have displayed towards their country of adoption ard however great the services they have rendered to it that proportion can hardly be exceeded. The law requires that a person wishing, to.become naturalized must have resided in French territory far fire years and 'for some years -after, naturalization places naturalized Frenchmen--under /certain- (chiefly, eleotoral) disabilities. ' "in ^jLew of, its. geographical- position in the centre ôf Europe where, in tho past f#w decades., many demographic upheavals.have occurred causing large-scale1 migration,' Francs has become to a quite Eiiúaüál"extend a host country, arid a country of refuge and transit. • "This has forced the legislature to adept a cautions policy in regard to naturalization. . .. --• - "Moreover, it should be noted, that since in France the word tnfi.turáli'satioh'í means âcquisition of French nationality, by decree, by a person -who has never before been French *>naturalization statistics do not include automatic?'acquisition of French.nationality at Mrth. This meana that for the purpose of any compáirison between the rate of naturalization in France and that in other countries, whore the tarn ^hiatiralization* carries a more general moaning, the cfficial figures for aliens naturalized in France should in practice be trebled." .. •• 2. Statistics "(a) naturalization, total figures. Reliable statistics can be compiled only in respect of oases of * acquisition of French, nationality over which the OovemiB>nt exercises control (th<>. Minis.iry of-Justice up to 19^5 and since than the MLnistry of Health ànd VoïrfXtfiïon) 1 jtjiat- is to 3 ay, in esseiôe: déclarât i cw is before a -J]H£SL SSL-Bâii (îc'n mu3y are null and void) ând acquisition by decree (naturalization, reinstatement by decree, express reference to minor children i:i parents1 decree). /Mo shall limit E/2230 A/ÓN.k/56 Page 57

We ehall limit our statistical data to acquisitions by decree (in round figures) as reported in the official gazettes: from 19OO to 1920 95,000 nanee 1921 to 1930 260,000 names 1931 to 1940 410,000 names 1941 to 19^9 270,000 names Total: 1,035,000 in 50 years (or, after deduction of deaths, more than one-third of the sum of coliraas 3 and 4 in table 2 of Section A above). Details for the years 1940 to 1949: 1940 45,306 I?-Vvtp l$&5 11,005 18,114 1947 85,243 1S>48 60,009 19^9 52,400 (b) Befugees, 1936 and 3.950•

RepïQpeB froiD Germany 17,000 These figures vers accepted Befugees froio Austria ,000 by the International Refugee Arabian refugees 63,000 Organisation and the Institut Eussjlan refugees 71,500 National de la Statistique Sacirlander refugees 8,000 (National Statistical Institute) Assyi'o-Chaldean and as the most ; reliable figures ancL Turkish refugees 300 available at the tima (Jaauary 164,800 1950)

/195O E/2230 A/CN.V56 Page 58

¿25° Spanish refugees l^>,000 From the figures for 1950 the Bussian refugees 3í(>000 number of "grafts and acquisitions Ukrainian refugees 16,000 of French nationality in wliaterer Armenian refugees 3S'/000 form" aince 19^5 should be Polish refuses US', 000 deducted* (The total number of Refugees from Genasuy 6,000 refugees in 19!0 is therefore Refugees from Austria l>500 nearar 250,000 than 300,000.) Hungarian refugees 7,300 Rom:an.tan refugees 3,300 Yugoslav refugees . ii,000 Czechoslovak refugees l*,200 Baltic refugees TOO, Georgian refugees 600 Othi&r stateless persons registered with ISO 2,500 Unspecified ,§¿222. 301,600 (0) Naturalisation of refugees "As regards the position of the Bussions smd Armenias between 1936 ana ?-9^3 ve would merely note that half of these become : French nationals within a period of ten years, during four of which the grant of nationality by decree was entirely suspenied. From 19^3 to 19^9 (both Inclusive) th» followiae wo:re ragîoterôd: "RUSSÍCJQS: 6,800 • Armeninas: JJ.,836 l:It is impossible to ascertain which On the 2^^000 iîpanlards naturalized durJ.Dg the past five years vo:rs refugees ancl which vm*e not.

Sinoe, howeTer, ort cf the 35-0,000 Spacierds in ïï&mce l?5;00C, or one third, are refugees one may safely pu o the number of Spanish r¿^ fugues who hare- been naturalized at 8,000. "Besides, experience shoira that as a general rul«, lihrcugh t.he operation of the French laws relating to nationality (by naturalization or otherwise) the foreign element diminished by 2^ j^r sent ci<*er-the apace of fire years. The figure for refugees for 1950 should the:«fore bs ¿bout 250,000. Considering the g^Ojpraphical position of li'rancc, this ±0 a very arapid decrease in numbers." (E/2l6^/Add.l9, pp-7-3Jl) /9. rn4i« E/2230 A/CN.4/56 Page 59

9* India;; See paragraph 25 above » 10,. Ireland: '"The Government alvays gires sympathetic consideration to applications for naturalisation submitted by stateless persons vho fulfil tho statutory requirements." (E/l869/Add.l7, p.l) 11 * Israel; See paragraph ¡25 above. 12. Japan: "it is the opinion of General Headquarters ¿Supreae Conmender of the Allied Powers/ that the Japanese nationality law now in effect protides for the sympathetic examination of application for naturalization submitted by stateless persons habitually résidant in Je pan ..;" (E/1B69/Add*3, p.2) ^' New Zealand: "The grant of a certificate of naturalisation is an executive act made by ths Minister of Internal Affairs at his discretion under the authority vested in him by the British Hat lona 11 ty and New Zealand Citizenship Act, 19^8. "Applicants must satisfj certain statutory requiremsnts before the graint of a certificate is considered *.. tt • • • nThe total fees for the grant of a certificate ara !&5. The Minister has power to reduce the total to £1, in cases of hardship." (E/1869/Add.U, PP..1-2) lU. Norway; "Stateless persans are in principle offered the same facilities for acquiring Norwegian nationality (becoming naturalized) as other aliens. The conditions for granting a certificate of citizenship are ¿See Section I of this Chapter/. Dispensation from these conditions may; however, be granted when special considerations makr it appear reasonable to do so. The Act mentions inter alia the case of an applicant who is married to a Norwegian national and lives with the spouse. However, the fact that the applicant lu stateless will hardly fogritsel f be considered as sufficient reason to dispense with the requirement of a aeven-year's uninterrupted residence in the country." (E/2l64/Add.l, p.3) Section 6 of the Nationality Act of Norway of 8 December 1950, annexed to the reply of Norway aad partly included in tha reply states also: "The Zl^'Z, or the authority the King empowers thereto, may upon application issue a certificats of citizenship to an alien ..•", (E/2l6VAdd.l, Annex). /15. Sweden: E/2230 A/OH.VÎ>6 Page 60

15. Sweden : "The author it ios may depart from the general requirements for naturalization vhich are broader than those hitherto in force ¿See Section I of this Chapter/ ... However, with regard to the special grounds which applicants may have for the grant of Swedish nationality, such naturalization may be granted, irrespective of whether these conditions are ever fulfilled. In the preliminary studjes concerning the /Sw&dish Nationality/Act /of 22 June 19527 it is pointed out that . requirement d)y may only be waived for example for persons who were comparatively advanced in age when for political reasons they were compelled to leave their native land. The mere fact thab the applicant is fita télese should not howevor be considered a sufficient reason for waiving requirement b)-/ (E/l869/Add.9, p.2), MIt may first of all be pointed out that, according to the Swedish .• Citizenship Act . *• naturalization is the only basis of acquisition in •...v....:• .Respect of which there is scope far discretionary treatnwnt. In praotice applications of stateless persons for naturalization are dealt with on the same principle as applications of citizens of ijjrsigt- countries* As a rule every applicant who moots the conditions for naturalization prescribed in above-mentioned act has his application granted. The mere fact that the applicant is stateless is not considered sufficient grounds for exemption from any of the conditions for naturalizatian. On the other handj considerable concessions are granted for example-re yarding the length of previous residence in the case of stateless women married to Swedish oitiziens, two years being considered sufficient. In the case of persons vho iiave had to leave their home country fcr political redisons at a relatively advanced age, nature-lization is usually grantee, regardless of whether the applicant is stateless or not - without consideration of the fact that the applicant may not fulfil the requirements regarding moans of support." (E/2l6VAdd.l6, pp. 1-2) Article 6 of the Swedish Citizenship Act of 22 June 1950 annexed to the ropiy of Sweden and commentsd upon in the reply, state3 also:

I/ See Section I of this Chapter, Category IV: Property or income requiromenta* 2/ See Section I of this Chapter, Category I: Admission end sojourn in the country and notice of intention. "The 23/2230 j:./CN-V56 Page 61

'fee King in Council may upon application confer Swedish citizenship upen (naturalize) an alien • .»•" (Ibid, Annex) 16. gvifczerlcad: nAs regareis stateless aliens habitually resident on its territory, Switzerland has not so far framed any previsions granting them a special right to naturalization. On the other hand, it does in plástica give favourable consideration to their applications for nat'iralization» Indeed, as soon as aliens become more or less assimilated, Switzerland consider*? their naturalization bo "be to its own advantage. It may be mentioned here that stateless persons who are authorized to remain in Switzerland are given liberal an

/provide E/2230 A/CM.^/56 Paga 62

yvroTÍ..^ &-•• vpc^-r"*- ~".vr. S':^«'P^' ^ Un? ''«*•"•* -vl->'j? -rJVU^ ";:> ¿újuire citizenship of the Itoitf-d Kingdom ani Colonies. 7íTh3 roain provisiono of raited Xír,g<'cí¡& natioyyaJJ.ty legislation that ara tolevar.t '¿re» cor¿tai.n9CL in tfcft British rationality Aot, 1<&8 vhioh specii'iaa hOT7 eifcizsnohip of tht. united Ki^gSora e/r.d Colonies (and thereby Kvitish nationality) may now bo acc^ir-íid and lost*

t tr n :\ n "l'hero are two n&in ÂTS 0.7 *whic^.& person vho Loea not poeeees '3itiaensJiip of the United Kingdom and .Col-oiîes. can })zcgdoa as?,d Colonies? Dnt\i??aliiGtio:a e?A legietration. "(a) H at tirai, i z, a t i on is cp'ssi to ar;y. alien v.ao cs.r satisfy the «statutory qualificau:Lop.3 ia1d/.lown ia _tho-.Second Schsdule to' the British Nationality Act, 19*j-£-/, "but jtatutcry-.^'Iiîaili-byi ¿rohough a'necessary condition of naturalisation, gives no right to a certificate of naturalization, which îoay te granted. .car vitfcfreia at-the discretion of the ¿Secretary of Stats» A etatelsae appliccib for isiaturaliiaiuion is subject to the sazua c.onditic~ie as sray otbsr- .r,lla;a; aad.oL'íthoíjáb the faa'Vthat he vas 'sta-iv&leee vovJLd eneiure s;^path8tic tr??.;f2ier:v of his application, he rmst, litio a;ay other appliraï'.t^ B'Ù'JV hiní-í-";? v•::•;:í-.hy ca hila ov:.i raarits of the rights and jtfXriX'jgçs D£ ^ cltizwr.. of tbt- United .II.TÔ^ and colonies aud a British ûy&Ject» OvLng to the dl f.fierifcj cf ©;i ;:":Olls*:.i:ng whether or not a psreoa is in zaco stp.talofsa. no op33pr^b>sr^5.V'')' ¿bat is tics can te givon of th* proportion of persone níttnsralÊeá vho can properly "be O.esci'i'boâ as stateless. Although approximately 1,1CO certificates hare teen granted sir¿oe the vsr to psr.sone aotvall/ rsoard.vl as stateless, this probably rspree^nts cr^ly a rory. sma.ll proportion of the true figure. ! "("b) r.egi_sfcrationv a s«inipler zc&t.h >i thai. Ti?.t-isra.l'ration, is open

cnly to cari&ln women ex.-t cti'xrc^^ »Or' (jï/2l6i+/Aài.»5) 21, ï^*tsd_n^te0_oJ__AE6ric*: ''U^^e'i ;'î?.f ia£ttür=3.1issi.ion lo^rr? of the United States,' stfttffl*»sa r:-niéuïits of the Unibsd Sta"u-€•!?.,- lite all other resident aliens, may bo üat'oralired if they satisfy "certain ^ SesTsbcticn I of this ^npr.ev . 2/ For categor.^r of calldrMi v:\o o-ri f:.r-ilr-s -. lio.?er>'.:n Vc of th« United Kingd^ and Colonieo L'^roaAh r^giatTí.tj.on. ,^-eo r?;•-'.?^'."r.^, .';,::' /Î>,C"'*S fnr categories of vooien vbo OF^P acorrí ci t. i'•?;.'.•.«:.•-:•: --J 0.7 rns? 'UÎÎÎ-S.I 'ri¿v-';r--" ?.n(i Coloaies "^7 op«3ration ci" .V?.w. 0^3 :^.^^h^^ '

qualifications.^" (E/l869/Add.l2, p.2),

^•* Yugoslavia! "in practice even stateless persons of other . v . nationalities-/ are -treated very liberally, though there are no special lÉ>gal dispositions in' t^iis regard. All such persons hi ire the faculty to become citizens of> VTJÙ F-?«E. of Yugoslavia by virtue of a statement giren to the local organs of the State administration• Decisions on these statements are made "By suraiary proceedings,, and ere normally

: exempted from-taxes on miumUnation as veil as from enclosing of documents required for the normal procedure of. naturalisation, " The 1 applicant is granted the citizenship of the F.P?H. of Yugoslavia the day his statement is accepted, and such applications ara normally given a favourable consideration*vit& the. etóépt^on of" some special cases. 1 Consequently9 all stateless -persons'living in tàe;F«PkR. of Yugoslavia have thefaculty, to beaome-d-ítizens' of the F.P.R. of Yugoslavia in a. some of them have not rcrgulatoa their status: of citizenship land.such cases ar^ not many).this cannot be attributed"either to difficulties arising frcm the .legal conditions or from the attivude of the Yigoslav, authorities in this matter," (ï/2l6Jf/Adâ -X^ 'pp-.5-6): V) À

\ \

y See Section I of this Ohapter, Category Í:' Adaiasion and Sojourn, 2/ F«or conditions und«r vj;5t?h. •r«r:icri.p» "hórir \rí Yv^ofïlftvia and who had their habitual residence in Yugoslavia, and vlio ethnically belorg to any people of the F.P.R, of Yugoslavia, are considered as Yugoslav citizens aee paragraph 19 above. . x ...... -••••

/CILMTER H. E/2230 A/CN.U/56 Page 64

CHAiPTER II. ACQUISITION OF flATOTALITY BY SPECIFIED CATEGORIES OF PERSCNS BY OPERATION OF LAW, BY IBimiWED H*OCEDOTES, OR BY NATURALIZAÎION SOME OR ALL OF THE STATUT ORY . REQUIREMENTS BEING WAIVED ifO. In the present Chapter are examined, a number of oases where oertain specified categories of persons may acquire a country's nationality either automatically "by operation of lav,, or by privileged prooelures suoh as decleiration, registration, option, or by naturalisât ion# some or all of the statutory requirements being waived*-/ • • , Section I; Former nationals of the country and children of nationals and oTforoer nationals "~ : > v - (a.) Re-acquisition of nationality by former nationals kl. In the following oountry 11 category of former nation/ils has re «acquired tho country's nationality by operation of law; United Kingdom and Colonios: "... Section 3h of the British Hationality Act, 19^3 ... automatical;^ restored British nationality on , . 1st January, 19^9 to women who had lost it, under previous legislation, on marrying an alien/1 (]¡/2l6lt/Adft»?) k2. in the following countries) nationality may be re-acquired by privileged procedures by all or certain categories of former nationals. 1. Belgium: Article 19 of the Consolidated Nationality Aot of Ik December 1932, annexed to the reply of Belgium reads as follows; "Articio 19. A Belgian national by birth who has lost this status :Ln pursuance of article 18, paragraph 1, first sub-paragraph-', may recover his nationality by a declaration of option, aLways provided that he has been habitually resident in Belgium or in the colony during the two years immediately preceding his declaration. Such on option • Éihall. be-subjeot to the provisions of Article 7,*/

Xf Fccr a discretionary power of the competent authority to waive some or all of the statutory requirements in respect to any applicant for naturalization see paragraph 38 above* 2/ This provision concerns th9 lose of Belgian nationality by a person voluntarily acquiring anothor nationality. 3/ See paragraph l£ below, /"A woman E/2230 A/GN.V56 Page 65

"A woman of Belgian nationality by birth, who has lost thi s status in pursuance of article 18, paragraphs 2 and 3-^> ^ay recover her nationality, upon the dissolution of her marriage, by a declaration of opticn, always provided that sh<> has been habitually resident in Belgium or in the colony during the yeai* immediately preceding her declaration. '\k child who has lost Belgian nationality in pursuance of article . IB, paragraph W, may recover his nationality between the ages of 16 and 22, "by a declaration of option, always provided that he has been •habitually resident in Belg:Lum or in the colony during the year immediately pro coding his declaration. Such an option shall be sul: Ject to the provisions of article 9.2/ "A declaration of option made in pursuance of thic article shall be submitted to the Judicial authority for approval and the confirmatory ruLing shall be registered in conformity with article 13." (E/2l6k, Annex) 2. Denparlc: "With regard bo the re-acquisition of Danish nationality the new Act contains a provision that is intended to counteract stotalsssne?^. It prescriben that persons, who had acquired Danish nationality at birth and who had been resident in this country till they are 18 may re «acquire lost Danish nationality by ur lia tarai declaration when they have been resident in this country for two years and are either stateless or prove that th9y will loes their foreign nationality ae a oonsequence of such ro-acquisition. In conformity with this rule the aforesaid agreement puts residence in Norway or Sweden until 12 years of age on a par with residence in this country." (E/;L869/Add,l8, p.2) 3. 5£H542E.: "Tne l©Gisla"tions of most countries stipu^te that a naturalized allsn lesos hia acquired nationality if ha romains absent from the country fer a specified longth of time. An Ecuadoreen who, after

¿/"These" provisions concern the less of Belgian nationality ty a woman marrying an alien, or whose husband voluntarily acquires another nationality. 2/ This provision concerns the lose of Belgian nationality by minor and net emancipated children of a persea losing Belgian national!tr under the other provisions of the sami Article- 3/ See paragraph 45 below. /becoming becoming nrut-¿raliz:sd'"ib •another: country:/ 'leaves that ccantrr ar.d returns to Z•••..-•. *;* ¿a2S22LJ ti^>il0 ^rî'î f5^-ch "by acquisition1 is applLed to persons who having been bora" alionó, hávo become French nationals since birth.

The iaost ocoraca môt-hod of acquisition (is) the decree o:!" reinstatement t • • • (s/2l6tyAûd.l9, p.8 footnote (if)) . • "5# ' Moryay: "The neV ¿Norvíígian Üíationalit^T" Act /pif t\ December 19527" contains a p^rorision calculai:9d to mitigate thd problem of atatelessness alGO in so far as the regaining of Norwegian-natii^nûlity is concerned. Section k provides tr^t a peroon having acquired Wor^ogJan nationality at birth and who hae resided in the covatry until the age cf. 18, may regain Norwegian nationality hj making a : declaration to that effect, provided he has again resided in the country for. tvo years and is either stateless, or proves that he vill lose Ms foreign nationality on rs3"ajaing Norwegian nationality» Also, in so far as this rule ia ooncsmed, it is provided "'h-the above-mentioned convention that residence in eitLar Sweden or J)'oréae-r:c until ths ago of 12 shall be daamed equal to residence in Norway»"

(E/2l6i*/Ada.,l, pe2) ... Mcrrition aho\ild aleo bo made of Sections 13 and Ik of the Norwegian Nationality Act of 8 Veoembà? 1950, anr.G:r.ed .to. ..the reply of Norway, whioh react as follows: "Section 13r • • , • . MA'vanan vho î?e.s lost îîcr'-cgi!^ nctionsJU-ltf -uuùsr tho Act of 21 April 1888, or" the Act cf 6 August 19-21!-, by reason, of,her marriage tc> a man vho at the time v?.9 a national of eanothei1 country or has subsequently acquired foreign j natiQnaJ.lt;'^ Tvsjr-Yii.roc .^orrj^iin mí+:ioñnj,5ty l iproTiisX ¿ha vould not hare lost- it under this Act, by making, at the latest vith.is'5 yezTz iroc: the Coming into forc« of-thie Act, d \c:itter.i declaration-before such

/authority E/2230 A/CN.lf/56 Page 67

authority as the King determines stating her intentLon to become a Norwegian national. However, if she lost her Norwegian nationality because) she married a national of an enemy country during the period 9 April 19^*0 - 31 December 19^8 this provision does not apply unless she resides in Norway when this Act comes into force or takes up residence in this country before e:cpiry of the stipulated fivo-year period," "Section Ik. . • • -t • • . "A person who has lost Norwegian nationality under feet lon 6b of the Act of 21 April 1668 because he has left the oountrj with the intention not to return, but who would not hare lost it under section 8 of this Act, re acquire e Norwegian nationality by making a written declaration before such authority as the King determines, stating his intention to become a Norwegian national. A person who has besóme a national of another country cannot make such declaration. ...

(E/216U/Add.l# Annex) 6* Sweden: Articles k and 18 of the Swedish Nationality Act of 22 June 1950; annexed to the second reply of Sweden :?ead as follows: "Article- If. : "A person who has acquired Swedish citizenship by birth, and has bean uninterruptedly domiciled in Sweden up to the age of eighteen years-', and has lost his or her Siredish citizenship, may recover euch citizenship after having resided in Sweden for two years by making notification in writing to the provincial government of the province in which is situated the parish where he or she Is registered. A person who is a citizen of a foreign atate shall, however, cot recover lile Swedish citizenship unless he proves by so doing he wonld lose hia foreign citizenship." "Article. 16. 'A woman who under previous legislation has lost her Swedish citizenship as a consequence of having married an alien or because her husband has tec orne a foreign national, but who under the provisions of the present

1/ Under an agreement to which Denmark, Norway and Sweden are parties the residence In either one of the other contracting countries until the age of 12 shall be deemed eq.ual to residence in the country. /Act E/2230 Page iíS

Act would bave remained a ¡3 vedi eh citizen, recovera Swedish citizenship by notifying,her desire to do so In accordance with tit» further provisions to be issued by the King In Counoll. Such not in cation may not be nade later than 31 December '1955 •" (E/2l64/Ad

1/ See paragraph 38 in Section I of Chapter I

/{ k) Apj^uj.sijtlpn Á/CN.4/56 Page 69

(b) Acquisition of nationality by children of nationals or 0C former nationals 44. In the following countries nationality may be acquired by certain categories of children of nationals or of former nationals by operation of law; 1. Denmark;: "The /Danish nationality/ Act /of 27 Kay I?5o7 ••• contains a provision to the effect that persons who, before the entry into force of the Act, were born in wedlock in this country as children of a Danish mother and a foreign father acquire Danish nationality at the entry into force of the Act, provided that they have not acquired any foreign nationality, either at birth or at a late*? d.ite and provided that they are under 18 at the date of the entry into for;e of the Act," (E/1869/Add.l8,p.3)« 2# Finland: "The Law on Nationality /of 9 May 194l7 contains the following provisions for the elimination of statelessnesu: "(a) paragraph 18 itum 2. Finnish nationality :LS retroactively and automatically granted to stateless persons referred to above under items A{a) - .»., if they at the date of entry into force of this law, are unmarried and under 21 years of age, and if their actual domicile, at that date is Finland," (E/2l64/Add.8, p.2«)» 3m Norway; Section 11 of the Norwegian Nationality Act of 8 December 1950, annexed to the replv of Norway, reads as follows: 2 ' "Child mentioned under Section 1, first paragraph 2,-/ being under eightsen years of age at the time this Act comes into force, acquires as from that time Norwegian nationality provided it is not and has not been .1 national of any other country." (E/2l64/Add.l, Anrex). 4» Sweden; ",,. children born /in wedlock in Sweden/ before /the Swedish Nationality Act /of 22 June 1950/ comes into force /of whose parents only the mother is a Swedish national/ will acquire Swedish nationality as soon as the Act coméis into effect, if tñey aro not yet eighteen years of age and are not and have never been nationals of any

1/ Under this provision Finnish nationality is granted to a legitimate child whose mother is a citizen of Finland and whose father is without nationality, if the child, on a c count of its birth, does not become a citizen of some other state, 2/ Under this provision a child acquires Norwegian nationality at birth, when it is legitimate and born in the country of a Norwegian wo nan, provided the father is not a national of any country, or the child does not acquire the nationality of the father at birth. It should be further noted that, under a special agreement signed by Denmark, Norway and Sweden, the birth in any one of the two other contracting states is considered equaL to the birth in the country. /state Page TO

Sígate.wi' (E/l869/Add,9, p.*2) k$. In the following countries ;ûationality may "be acquired "by privileged procedures by children of nationals and former nationals; 1» Belgium: Articles 6 to 9 of the Consolidated Nationality Act of 1*1- December 1932, annexed to the reply of Belgium, real as follows $ "Article 6. The following jnay acquire Belgian nationality by option, under the conditions and in the form prescribed hereunler: 1. Children born in Belgium; 2. Children born in the colony or abroad of parmts, one of whom is or formerly wa9 a Belgian national. "Article 7« Th© option may not be exercised where undsr the national law of his own country the persan concerned may obtain authorization to retain Ms nationality in the event of his acquiring another. "Article 8. The option may be exercised subject to ths following two conditions; 1* < The-optant must have been habitually resident in Belgium or in the colony during the year Immediately preceling the declaration of option. In addition, he must have been habitually resident in Belgium or in the colony either from his fourteenth to his eighteenth year of age, or for a period of not less than nine years. 2, The declaration of option must be made before the optant has completed his twenty-second year. *Roaa.àonce ¿broad àuriag minority for such time as the father, is An B€>lgian Government service abroad sha.ll be deemed to cDnstitute residence izi Belgium or in the colony. "In the case of a chill bora of foreign parents, :>ne of whom was formerly a Belgian national, the residential qualification laid down in pÉLragraph 1 above is confined to the year Immediately preceding the option» "Article 9» In, the case of an applicant who proves that he has been " prevented from making his declaration of option since attaining the age of twenty-one, disqualification may be removed by the ;ourt which gives its ruling with respect to the approval of the option.n (E/2l64/Anneï) l/ It should be noted that under a special agreement signed by Denmark, ~" Norway and Sweden the birth in any'of the two other contracting States is considered equal to birth in the country. /M. Burraas 1 r 2, Burma. ; 'à ciiild bcra o^ bal de tlss Union t oisa of vhebs paraut-s la a oitiaesL, shall, if the child is not; ctaerrviee a. citir-en, ne o : vc.it 11. i" if •-..;.• still a iaj.r;ü.v c¿id in rhô custody of tie parent. t,o ths grant •?£ a certificats oí1 crLtisoixnMp on toe ''application of t3?.o parent, -¡n tbo parent reaucij.ug "••i:te or ftav rloaiolte in the Uaiorio Provided tiat if tha chile- Hil-vfsin ssc *"3ar aft.er at talc ing na^oritjr failB bo •aátó i deolaratíon renour'jci:^ cmy í'oroíg:..\ natíona.! status to ^hic^ ??s 3^7 "bo i^tit'Led r,rx"L e.lject5.nfi ^;c retain Grnic-.ti oitiZGïiS?iip, he. shall cease on the e>:piï7 cf that yeaiü" to oc c. citizen of tbs Onioxi, II tue sala criij.d 18 a xnajor, tîîe MiriJ.¡3"bor may grai¿t him a certificats of citXzo'aship» provided. t2ry : tlae Miiii^tf;::1. is Batu^J'Iod (a) tlmt jue Is of .good character arl (b.) that he ir-.t8.tiis eiths:? to rsaide pürwraansntJj in the Union or to Giitar or

continue in .tioe, sfí-r-'-ío-'.- of t>uO !^'!T^ OT of t'ruo oo.nstitne¡rb oil:ato thereof or a^y r^lisio-sic, ¿lüir-l i.-ci>lc or cc-Taaiei^itu, orgtmizíitíor.') 06ta>¿.ish3d i-"j. ] tÏ3o I^iio'i videv Section 12 (l) aval (2) ¿of the Union Citiï-.sncïip Ao't, 19 +§7'

3. f^2'^?5r> "•'• tris Í^Xlawín^ 'categories are siigibl© to "-.-i f?:c.z\beà. citisft-nfihip ¿bv P.GíTiíwrHtiorj?:

O C i M'Vu/ / 1 ï^roOw/5 ^Tsr «: X "years of ag? v/-r.« eu:, estafcr.lish tl^ct tôoir rotbers

ai^ oi-;.lâs of; Ceylon "07 de£ï-^;itw" (jfi/21ô^/Ad5U27 pv-,J.^) K Montiovi rj.-io^?^ a.l¡:-"> bo aado of tfc&« rrroly ~^ tlv» Cvoven^înt c3 U.nîiay0 Tb8 child of a ^!:• i^xial_v'\o haa not acruireâ TJ>\^r¡¿vcS iiat-ion-s'i..!t-y at "birth ŒS-y, ujiler c^rtc.'.i:-noirujitic^P, riciuiro na\:.\ r3j, c/itî.ze:ïzlilp (ao dií«í:-*J^5t from nationality) {86w mâ^::ar;L ^^- abovo), ^. In tho iîacr-:^vi cûo.wriü3 rvstioâity ^?3r DO acqulrü^l "bv c^'ilcren of oatiorv\.\a ei'ic. ^~;r/?,r-r raticriftlz l\y imtuTe'.liâtior^ DO.CJS or all of -;bo sta^/^tory

1, 5>^£S.s ' î*Ar.c-ic.ie k /of the KatJoaAlitcjr La^s of Chipa; » .*:'•. alio:.? in tfcs ca,ti'GO"r.?fJ r!orj.tipriQd in tho 'fol^:^'ir¿g XTÜJ-ivvr^rppl^^ vbo in a*: \)ixDent clrc-iic:il6"i :1a CMas,; aiifi.ll be ellçITsle for zietiii^llz&tlori, cvor. t3ioufih ho has not''been cD'afcin^oiisly vioaîcilôO. for a period of ijoro bb.ar, fiva years, if " ' ••• • -, . "1., His moiüier or father vas prevío^^ly a Chtrv?<3o^

"Al Lf):..i£i F3r:ti.C'-nad in sub-par^raiùs 1 • « " sîiall not VJ 3A^^i"b.N*je for j í;.n.:i^rn.l?.z.avyío3í; "."¿i.\oaj they have co: ítir¿.v.:-r.í?.ll/ rvylded i".."i GMvta for E/2230 A/CKA/56 Pag© 72

2. Jayán: "A valr©r of the ..fir© -year domiciliary requirements /for naturalization/1" may "bo granted if the alien is domiciled in Japan asid:

it • * • %. Is the child of one -who was a Japanese national (excluding child "by adoption) and has had a domicile or residence in Japan consecuti.Tf>2y for three years or more rt • • • "A trairer of tho conditions as to domicile, age and capacity, end property requirements may bs panted if the applioant is:

•it » • • '%, A child (excluding child by adoption) of a Japanese national and has a donicil© in Japan; ..« 11 ..." (E/l859/AcU1.3; P.2) k6 "bin. For the case of children of persons acquiring or r Mic^uiring ^ country's nationality, see paragraphe 53-57 kelov.

S oc? t.-Ion II7. Persons "born in tho country-' kj. In the following countries nationality may fce acquired under certain conditions fcy persons bcrn in tha country ty operation of iLav: 1. £^Si£2.î MTha term TFrench ty acquisition1 is ap;>lií>d to póquer.3 vho, h&ri^g toen "born alivie, hare iDscoine îrench nationale einof- blrti» The no3'b cerpón methods of aecuioition ars: ... residnno© in Irancs at the tiras of attaining majority (¿a7" nothed /yhich appi-iesj" only to persone born iu FranceV [ïï/21$k/AâA.19, p.8, footno-;© (•:•}), 2:. Gg®6C6_: rPiira37^ph c 2 of .., article Ik of the Civil Lav of 1636, e.dded "by article 1 of tha ... Legislative Decree of 1-, Septexabor 1926 proTides that Greak Is ha -\fho "being "born and domiciled, in Greece }.•?-$ no f'oreigr. r.atics.ality." (E/:.869/Add.6, i-ü)

Xf It Trill "be noted that th© countries montioned in thia Section gonorally ^PP^ JHS-sttSSSîSi.s as tîli5 iieane for determining nationelity at Tsirth. (o©<5 paragraph 70 belov}". The proviijiona mentioned in the taxt ctr© íes¿¿;nft.l to mitigate to a certain ©xi;ent the effects of a strict application of .fua sanguiniea

A8c In E/2230 . A/CH.V56 -. Page 73 •

l$Sê In the following countries nationality may be acquired by privileged procedures by persons, born in the country. !• Belgium: See Articles 6 to 8 of the Consolidated Nationality Act of Ik December 1932, reproduced In Section I, point (b) (Acquisition of th« country's nationality by children of nationals and tanner nationals), in particular sub-paragraph 1 of Article 6. 2, Burma: "A child born in th« Union and subject to :;he .jurisdiction thoreof of parents both of whom not being citizens of the Union-are- domiciled in the Union may on attaining majority, apply for .a certificate of citizenship, provided that; he is then permanently resident in-the • Union, These provisions are for children born within %he Union.and they are contained in Section ••. 12 (3) of -the Union Citizeiship Act, 19**8#u

(E/2^6>/Addt10, P. 3) • .- ' ' ,.....••••• 3. Pennarljc: "Though Jus sell has not,been adopted as a general principle, the new Act /the Danish Nationality Act of 21 • May 19527 M v as was also the case with the former Danish nationality legislation •-..• contains provisions whereby the principle of descent is waived in favour . > pf persons born in this country •„. Stateless persons who are born In-this? country and who by staying here till they are 18 acquire an attachment to this country beyond the mere formal fact that the chiLd was:.born on Danish territory, can. become ])anish nationals by unilateral declaration. "The above-mentioned concessions to the .1ua soil prLnciple may be extended by agreement, so tha& birth in one of the other Nordic countries (Finland, Iceland, Norway and Sweden) is considered equal to. birth:in thlfl country, and residence in one of those countries. Is considered . eque.l to residence in this country (until the person in question has reached 12 years of age). Such agreements were concluded with Norway and Sweden on December 21, 19^>0, and entered into force on January 1, 1951»11 (E/l869/Add.l8, P. 2) ... ^* France : "The term «French by acquisition» Is applied to persons ,who, having been born aliens, have become French nationals sir ce birth. The most common znethods of acquisition are: declaration befcre a Juge de paix; .., (/âj methods ¿ïfhtch applies/ only to persone born In France)" (E/2l6i+/Add.l9, P. 8, footnote (k)). . .

h* Norway: . E/2230 k/CH.k/56 Page T^

5* Norway: "Among provisions of importance to state lès 3 persons may be mentioned those of section 3 /"~of the .• Norwegian Nationality Act of 8 December 1950JT, according to which a stateless person boj*n in Norway and having been in continual residence there, acquires Norweg:.an nationality when he, after attaining the a,je of 18 and before reaching the age of 23, declitres his intention to beoojoe a Norwegian national. Uxider the convention above referred to—' , birth In Denmark and Sweden is in this respect considered as equal to having bosn born in Norway, and also residence in those countries up to the age of 12 is considered as equal

to having resided in Norway." (E/2l6^/Aàd.a; p.2) 6* Sweden; "The Act of 22 Jine 1950 t.. contains certain provisions to facilitate the acquisition of Swedish nationality by state Less persons* Tiiue^ a stateless person who was bora in Sweden and has re aided there without interruption, haB an unconditional right to beoome a Swedish national." (S/lB69/Add*9# p.2) 49• In tho following countries nationality may be acquired by persons born in the country by naturalization, some or all of the statutory requirements being waived: 1. China; "Article k . •. of 1;he Chinese Nationality law, which lay down "conditions governing applications for naturalisation by certain particular categories of aliens, are applicable to stateless persons» ,». The .,. law provides as follows: "Article k. An alien in the categories mentioned in the foLloving eub- paragraphs, who is at present domiciled in China, shall be sligible for naturalization, even though he has not been continuously domiciled for a period of more than five years, if . • • n • • • W3- Ho was bora in Chinese territory; H • • • "Aliemi mentioned in sub-paragraphs «.» 3 shall not bo oligJble for natural.! zat i on, unless they have continuously resided in China for more

1/ Under a special agreement between Denmark, Norway and Sweden the birth in one of the two other contracting etates and the resideno? vitain till the age of 12 are considered equal to birth and resider.ee in bhe country itself. /than three E/2230 A/CN.V56 Page 75

than three years; but this shall not apply to aliens mentioned in sub- paragraph 3 where father or mother vas born in Chinese territory." (E/£l6VAdd»13, P«3) 2. Japan: "A waiver of the five-year domiciliary requirements ¿for natural! zationT" may be granted if the alien is domiciled in Japan and:

• • i» • • • "c. Was born in Japan ani either has had a domicile or residence in Japan consecutively for three years or more, or lias a father or mother (excluding father and mother by adoption) bo:*n in Japan." (E/1869/Add;3, p.2) Section III: Members of families of persons acquiring o:« re-acquiring the country's nationality (a) Spouse of a person acquiring or re-acquiring the country's nationality 50. In the following countries tho wife of a person acquiring or re-acquiring the country's nationality acquires the nationality of the country by operation of law, 1. Belgium: "Article k of <;he Consolidated Nationality Act of Ik December 1932, annexed to i;he reply of Belgium, reads in part, as follows; "Ai: cicle k* A foreign woman ... whose husband becomes a Belgian national by option, acquires the nationality of her husband» "However, she may renounce Belgian nationality by m<>ans of a declaration made in the form described in article 22, diring the six months subsequent to the date of marriage or to the date on which her. husband acquired Belgian nationality, provided that she can prove that she possesses foreign nationality or that she recovers it upon making the declaration. "She may at any time, subject to the conditions described above, renounce Belgian nationality 6,fter the dissolution of the marriage." (E/2l6VAnnex) 2* China: "... Articles ... 8 of the Chinese Nationality Law, which lay down conditions governing applications for naturalization by certain particular categories of allées, are ... applicable to stateless persons. Thus, the ... law provides as follows : 'Article 8. The wife of a naturalized person ... shall acquire Chinese /nationality E/2230 A/cro.ty;56 Pago 76

nationality at the sane time as the naturalized person, If his national lair does not provide to the contrary.'" (E/2164/Add.l3, p. 3) 51. In the following country the wife of a person acquiring the country's nationality by naturalization, may acquire the country's nationality either by privileged procedure, or by naturiilization the statutory requirements being waived: • Belgium: Article. 15, paragraph 1, of blie Gunaolidated nationality Aot of Ik December 1932, annexed to the reply of Belgium reeds as follows: "A foreign woman whose husband acquires Belgian nationality by naturalization, follows the nationality of her husband if, within six months of the registration of the instrument ofria.tureJLination, sh e declares her intent to claim the benefit of the present article, The said declaration of Intent shall conform to the formalities stipulated • :. -in ¿article 10. However, she ::nay apply for naturalization Jointly with her husband end, in this case, shs is oxeiopt'from the reiLÜirexcents •••••' • ' prescribed by articles 22 and 13." (E/2l6^, Annex). 52. Mention should also be made o:f facilities granted in certain countries to the alien spouse of a national of the country for ac^uirin^; the country's nationality. Although these provisions have been primarily dc signed to facilitate the acquisition of nationality upon marriage, arid ere" therefore examined in Chapter IV of the part of this Report dealing witfc the operation of nationality laws (See paragraphe 92 to 96 below) they may aleo har© a bearing in the case vhen the spouse acquires subsequently to marriage a f ore i gn- nationality.- : ' • •

(b) Children of a person acquiring or re-acquiring the .""••' c ountr^ snat,jonali ty 53» In the following countries the children of persona acquiring or re-acquiring the country's nationality acquire t3ie nationality of the count:%y hy operation of law: 1. Belgium: Article 5 of the Consolidated Nationality Ac it of llf December 1932, annexed to the reply of Belgium, reads e,3 J'olloVs: "Article 5» Minor children who hare not been emancipated acquire .

'•••••'• ' /Belgian E/2230 A/Œ.k/56 Page 77

Belgian nationality when the parent who has custody of them voluntarily acquires or recovers Belgian nationality. "Provided, however, that they prove that they possess foreign nationality or that they recover it upon making the declaration, they may, until the completion of their twenty-second year, renounce Belgian nationality "by means of a declaration made in the form prescribed in article 22." (E/2l6fc, Annex.) 2' China; "Article «,. 8 of the Chinese Nationality ]*v ... ¿laj ... applicable to stateless persons. Thus, the ... law provides as follows: "Article 8. The child ¿'of a naturalized person/ who is a minor under his national law shall acquire Chinese nationality at the same time as the naturalized persc>n, if his national law does not provide to the contrary." (E/2l6tyAdd.l3, p. 3.) 3# Ecuador: Article 11 of the Constitution,.annexed to the second reply of Ecuador, reads, in part, as followsÏ "Article 11. The following are Ecuadoreans by naturalization: n * • . "(c) Persons who were born abroad of alien parents and who were under eighteen years of age at the time their parents became naturalized in Ecuador» In that case they shall retain their nationility unless they expressly renounce it." (E/2l64/AddA, Annex 1). • k. France: "The term 'French by acquisition* is applied to persons whOj having been born aliens, have become French nationals since, birth. The moat common methods of acquisition are... /the/ decroe of naturalization or reinstatement (extending collectively to all children under age);..". (E/2'l64/Add.l9, p. 8, footnote k). 5' israel: See paragraph 2*> above. (^* Norway? Section 5 of the Norwegian Nationality Act of 8 December 1950* annexed to the reply of Norvay reads as follows; "if a man acquires Norwegian nationality under section 3-' or

section k-J t his unmarried children similarly acquire Nozweglfm

• ¿/ This provision concerns the acquisition of Norwegian nationality by an alien born in the country (see paragraph h& above),-» 2/ This provision concerns the re-acquisition of Norwegian.nationality by a person born in Norway who has lost Norwegian nationality for reason of prolonged sojourn abroad (see paragraph k2 above). /nationality, E/2230 Page ?8

nationality, provided they an* leg;itii»ate, reside in the country, and are under lfi years of age. However, this does not apply to children who.have .remained in the care of the mother after the marriage has beer, declared invalid or annulled or the parents hkve beon divorced or separated according to a judicial decision or an administrative order, "if a.woman aoquires Norwegian nationality as mentioned «tbove, the :provisions of the first paragraph are similarly applicable in respect of: , . "l« Child born out of iredlock except if the father is an alien and has the custody of the ch:Lld, . . fl2. Child born in wedlock, provided she is a widov, . "3. Child born in wedlock, provided she has the custody of it and the marriage has been declared invalid or has oeen annulled, or the parents have been divorced or have been separated by a Judicial i; decision or an administrative order.11 (E/2l6^/Add.l, Aniiex). ' r 7. Sweden: Article 5 of tho Swedish Nationality Act oj' 22 June 1950, annexed to the reply of Sweden, reads as follows: . "if an alien man becomes a Swedish citizen in accordance with Article 3=^ of W, such citizenship is acquired likewise by his unmarried children born in wecllock who are domiciled in Sweden and have not yet attained the age of eighteen years» The fore go it.g provision does not, however, apply to children who after the annulment of the marriage, or after divorce, or during Judicial separation are in the; custody of the mother. "^ke provisions of the first paragraph of this article regarding acquisition of citizenship along with the father on the 1 art of children born in wedlock shall equally apply "l. To the relations between children born out of wedlock and the mother, provided that the father is not an alien having the custody l/ This provision concerne the acquisition of Swedish citizenship £y an. alien born in the country (see paragraph 48 above). 2/ This provision concerns the re-acquisition of Swedish citizenship by a person born in Sweden and having lost Swedish citizenship for reason of prolonged sojourn abroad (see paragraph k2 above) ...

/of the E/2230 A/CK.V56 Page 79

of the children; n2. To the relations between children "born in wedlock and a mother who is a widow; "3. To the relations between children born in wedl Dck and a mother whose marriage has been otherwise dissolved, or whD is living apart: from her husband because of a Judicial separation, provided that the children are in the custody of the mother." (E/:2l61i/Add,l6, Annex). Jk. In the following country the children of a certain category of persons acquiring the country's nationality may acquire the nationality of the country by privileged procedure.: " Burma; M0n the Joint application of a woman who has been granted a certificate of citizenship under section 11 (2)=' of the tfhion Citizenship Act, 19^8, and Jier husband, the Minister shall have regii3tered as a citizen any minor child not already a citizen and born before the date of grant of citizenship to the mother vide section 11 (10 /"of the Union Citizenship Act, 19^8^7." (E/2l6U/Àdd.lO, P- 3) • 55» In the following country one category of children of persons acquiring the country1s nationality may acquire the country's nationality either by privileged procedure, or by naturalization with a waiver of statutory requirements: lielgium; Article 15 of the Consolidated Nationality Act of Ik December 1932, annexed to the reply of Belgium, reads, in part, aa follows: "... sons and unmarried daughters having attained their majority or obtained their emancipation, whose father acquired Belgian nationality by naturalization before the completion of their twenty- fifth year /""follow the nationality /""of the father if tleyj declare / thairjf intent to claim the benefit of the present article. The said declaration of intent shall ccnfonn to the formalities stipulated in articld 10. However, /~they_J may apply for naturalization Jointly with / their father_7 and, in this case, /""they are_7" exempt irom the requirements prescribed by articles 12 and 137" (E/216**, Annex).

1/ See paragraph 95 below. /56. In Ê/2230 A/CNA/:>6 Page 80

56. In the following countries the competent authority may, at its discretion, include or not Include children of the person "being granted i;he country's nationality in the grant of nationality. 1, Burma: Section 9 of ttos Union Citizenship Act, 19^8, annexed to the reply of Burma reads, in part, as follows: "9 (1) The Minister may, in granting a certificate of naturalization to an alien, include in the certificate the names of any or all of the minor children of the applicant who were born before th<> date of the certificate and aro not already citizens of the Union if they are (a) either in his sole legal custody, or (b) in the le gel custody of any person who id a citizen of the Union. "(2) The minor children whose names are so inoludcd in the certificate shall be deemed to hare become citizens of the Union or frctn the date of the certificate, provided however that any child só included may, within one year of attaining his majority, make a declaration of alienage and he shall thereupon cease to be a citizen of the Union/' (E/216^/Add,.\0, Annex IV) £. Norway: Section 6 of the Norwegian Nationality Act of 1950 reads, inter alia, as follows: MIf the applicant ¿""for naturalization^/ has unmarried children under 18 years of age, the authority issuing the certificate cf citizenship shall decide whether it also includes the children." (l/2164/Add.l/Annex) 3* Sweden: Article 6 of the Swedish Nationality Act cf 22 June 19^0, reads, inter alia, as followei: "When an alien is being granted Swedish citizenship in accordance with this article, the King in Council shall decide whether the naturalization shall also apply to the applicant's unmarried children under the age of eighteen years.". (È/2l6^/Àdd/l6, Annex)- 57. Mention should also be made of thu replies of Pakistan a ad of the United Kingdom Boncernin.g acquisition of the country's nationality by a minor child of a citizen of the country (see paragraph 32 above). Section IV; Persons having rendered certain services ta the country, 58. Iii the following country an alien who has rendered certa Ln services to

/the country r* E/2230 A/CN.V56 Page 81

the oovjD'iry may ¿= squire ';2ae country's nationality by privileged procedure: Cf£lO£": "„,«, persons of tho following categories are eligible to be granted citJr.oas&'p £by Hejgi.atratioaT':

"(iii.) Poraons cr^r^ll;/. resident in Ceylon and who hare rendered distinguished servies to the country." (E/2l6U/Add.2, p. 2). 59. Ira the fol lev lag countries si: alien who has rendered certain services to the country rw,y acquire the country^ nationality "by naturalisation with a waiter of ¿¿11 or certain statutory requirements: 1» Bcl^i^; Article 12, met paragraph, of the Consolidated îîationality ACT. of Ik Deoenbe;,.- 1932, annexed to the repLy of Belgium, roads as follows: î:Jinal naturalisation may be granted, without fui'tier condition, for outstiinding se.rvice3 to the State or to the Colony." (E/2164, Aanox).» 2. llSEâ" "A Pçraorjk w^° taa sirred honourably at any time in the Armed Forrees of the Union fo^ a period or period* aggregating three years may be Evatvjr&lis^d nndor Section 3.3 of the Union Citizenship Act, 19^8, if the petition for nat^.rali seat ion is filed whi.ie he is st:Lll in the serrioe or vithifi six nonths aftor t3ie teruiination of such serT:.ce, upon full compliance vith «.11 the reqii-'reiaenta of the «aid Act, w:.th the following c:.:v-.c'ptiOÂis: ''(i) no notice of intention ahall be required, anc. '(ii) :jio residence with:.n the Union shall be requis(ed." (L/2164/^.dd.lO, page 5), 3» ?,?J^ÉÍ?í.: Article 11 of the Constitution, annexed to the reply of

Ecuador? read.^, in part, as i'cllovs: "i'h*» j*ollowi?i5 ara 3ouar orean by naturalization: (a.) B?rsonc vho ^are bcüa granted 2cuadorean viaticnality by Cor^reas for services rendered to the country;" (l/2l6k/hàà.k, Amer I ) „ it» Ir^2 "The Ir^nia^ Cabinet ioay confer nationality on the following wítiíiout regar-i to the ~CY^-',L:^S /j&'icb ftppHcants for Iranian citizefisihip ú¡r~\ .<:.bjt a« 'ihofj? -who hc.vc, p5?fo.^îd a great service for Iran."

/Section Y; E/2230 A/OT.^/56 Page 82

Section Y: Persona having certain spécial connexion with iSriSountry 60. The replies of the Governments of the following count!les contain information on conditions under which certain specified groups of persons, having a special connerics with the country, may acquire the country's nationality: ]„• Çejrlon: See paragraph 20 above (acquisition of citizenship of Ceylon by registration by persons of Indian and Pakistani origin, who have entered the country before attainment of independence by Ceylon). £>. Finland: "A. The Lav on Nationality of 9 May 1<>U1 (Ko. 325/M) contains the following provisions for the avoidance o:' new cases of atatelessness: "(d) paragraph 13. Finnish nationality is granted, on account of birth, to a legitimate chiLd born in Finland, whose pi trente are Ingermanlandian or East-Carelian refugees of Finnish origin and at the date of the entry into force of this law (1 July 19^1> reside in Finland; also to the illegitimate child of an Ingermanlandian or East-Carelian women, if the child is born in Finland. "B. The law on Nationality contains the follow!:ig provisions for the elimination of statelessness. H(a) paragraph 18 item 2:: Finnish nationality Ls retroactively and automatically granted to stateless persons referred t:> above under items» •* A (d), if they, at the date of the entry into force of this law, are 'unmarried and under 21 years of age, and if their actaal domicile at that date is Finland. M(b) ... According tc paragraph lU the applicatian /for Finnish citizenship of Ingermanlandian ór East-Carelian refugees can be complied with even if it is not certain that they are able tô »arn their living." (B/2l6fc/Aad.8; P- 2)- 3. Israel: See paragraph 20, above. (Automatic acjuisition of citizenship by Jews who return to their home-lAnd and bake up permanent residence in Israel), '%• ' Jordan:' See paragraph Í9, above. (Arrangements made and facilities given'to Palestinians for arcidance of statslessness). 5* 5252SL5 Section 6 of the Norwegian Nationality tat of 8 December 195O# annexed to the reply of Norway, reads, in part, as follows: /"The condition E/2230 A/CN.fc/56 Page 83

"The condition mentioned in the first paragraph urder 2-* may be dispensed with...in other respects, when the applicant is a national of either Denmark, Finland, Iceland or Sweden." (E/2164, Annex). 6* Pakistan: Sections 6 and 7 of the Pakistan Citizenship Act, 1951* annexed to the reply of Pakistan, read as follows: "Citizenship by migration "6. (l) The Central Government may, upon his obtaining a certificate of domicile under this Act, register as a citizen of Pakistan by migration any person who before the commencement of this Aot migrated 'to the territories now includsd in Pakistan from any territory in the Indo-Pakistan sub-continsnt outside those territories: "Provided that the Central Government may, by general or special order, exempt any person or class of persons from obtaining a certificate of domicile required under this sub- section* "(2) Registration granted under the preceding sub-section shall include, besides the person himself, his wife, if imy, unless his marriage with her has "been dissolved, and any mino:* child of his dependent whether wholly or partially upon him. "Persons migrating from the territories of Pakiataii 7. Notwithstanding anything in sections 3, h and 6, a person who has after the first day of March, 19^7, migrated from the territories new included in Pakistan to the territories now included in India shall not be a citizen of Pakistan under the provisions of these sections: "Provided that nothing in this section shall t.pply to a person who, after having; so migrated to the territories now included in India has-returned to the territories row included in Pakistan under a permit for resettlement or peraanent return issued by or under the authority of any law for the time being in force/1 (E/2l6^/Add,6, Annex)*

1/ See iparagraph 28 in Section I of Chapter I of this Part, Category I - Admission and Sojourn in the oountrv « d notice of intention. /Section 20 E/2230 A/CNA/56 Page ' S..;

Section 20, of the same Act reads as follows: "20.. .2he Central Go*"e:rnnœnt may upon such- terns und conditions as it may "by .g&asral or special order specify registor a citizen of a Conncswrsaltii coroitry a¡3 a citizen of Pakistan." (;»bid) 7, Jci2£d; ./"ï'b.c asw.Polish lav ¿concerning citizenship of 8 January lS^i/ expresse?, tie/belief that statelessness constitutes a harmful element in the life of a state* For this reason the. lav empowered the state authorities to.consider as Polish citizens perso:is who arrived in Poland as foreigners without .a specified citizenship. Such action on the peirt o,f the state, author 1-t.ifts • can take place ex officio without the application of -the interested person» "The provisions of Art Lele 3 of the law empower the State authorities to decrease t>e numbsr of persons belonging to the category of stateless to the minimum. The authorities are limited in their decision only by the provision which requires the residence of stateless- persons in Poland at loast from 9 May 19^5" (E/2l6tyAdd.7, p. 1). ' • 8. §wade£: Article 6 of the Swedish Nationality Act of 22 June 1950, .annexed tô the reply of Sweden, reads, in pert, as follows: "if the applicant ¿for naturalization/'' is a Danisli, Finnish, Icelandio or xíorwagian .citizen the requirement stated-in sub- peragraph 2- may be waived-eren/if no other special reason •

should eixst." .(E/2l61f/Add-,l6# Annex). •

9* Syria: .".rrSyria has settled the problem-o'f previously stateless gjTpsies settled .in its territory "by according them Syrian nationality under certain conditions proscribed, by the laws of thin country*1

(E/216U/Addo17, p. l). • t 10. V.B^ÍB^^^^^^.P:'}íJ?^iú'¿:¿2^.. Tîi«..Sfec>oïjd Schedule to the British Naticcpality Aat, annexod to the reply of the Unitod Kingdom, reads, in,pert, .as follows;. -, .• ••..*•. • -, •. .t.^Brltlah-protected persons • "3» The qnpJLi ficat i ojia ¡for naturalisation of a British protected person vho applies thej^slo^' -ares-. •

1/ See paragr^iph 28 abprs,- - : ,;..••; • . •

/"(a) that he E/2230 A/CN.V56 Page 85

"(a) that lie is ordinarily resident in the United Kingdom sr.d has "been so reaident throughout the period of twelve months, or such .. shorter period as the Secretary of State may in t':-? s^-úal •oircumstancds of any case accept, immediately preceding his . application; or "(b) that h© is in Croun service under His Majeirty'a government in the United Kingdom, £ind l/ 2/ "the qualifications Éipecified in sub-paragraphs (c)-' , (d)-' and (e)*/ of paragraph 1 of this Schedule. 'Application to colonies, protectorates ard trust 1 territories uk. The foregoing provisions of this Schedule iihall, in their application to any cc&ony, protectorate or United Kingdom Trust Territory, hare effect as if IT » * . O "(h) for the reference in ... sub-paragraph (a) of paragraph 3 thereof to residence in the United Kingdom there vare substituted a reference to residence in that colony, protectorate or territory; and M(o) for the reference therein to the English language thore were substituted, in the case of a British protected person, a reference to the English language or any other language iu current use in that colony, protectorate or territory..." (E/2l6VASd«5> Armex l)# Section 6 of the same Act reads, in part, as follows: "6-(I) Subject to the provisions of sub-section (3) of this section, a citizen of any country mentioned in sub-sectioi (3) of section one h/ of this Act--7 or a citizen of Eire, being a persan of full age and capacity, shall La entitled, on making application therefor to the Secretary of state in the prescribed manner, to DO registered as a

1/ Se>e paragraph 37 above. 2/ See paragraph 29 abov«. 3/ See paragraph 28 above, h/ Tt.e following countries are rjesitioned in this provisions Canada, Auatràlia, New Zealand, the Union of South Africa, Newfoundland, India, Pakistan, Southern Rhodesia and Ceylon.

/citizen 35/2230 3>age 66

citizen of the Unltsd Kingdom and Colonies if he satisfies the Secretary of State «ither - "{&) that he is ordinarily resident in the United Klngdon and has beon so résidant throughout the period of tve IT» nonths, or such shorter period as the Secretary of State nay In the special circumstances of any particular case accept, lmoedlately preceding his application; or i:(b) that he is in Crown serrloe under His Majesty's Government In th« United Kingdom.

"(3) A person vho hao renounced, or. has been de]irlred of, citizenship of the United Kingdom and Colonies under this A

/ill. THE QOSSTIO» E/2230 A/CN*U/56 Page 87

III. THE QUESTION OF REDUCTO, AS FAR AS POSSIBLE, TEE MMMt QB1 CASES OP snwmxssmss CREATED BY TBQS OPERATION CF, NATIONALITY LAWS

61. Paragraph 7 of resolution 319 B iii (XI) of the Econcsaic and Social Council reads, Inter alia, as follows ; "Invites States».. if necessary, to re-examine their nationality laws with a view to reducing as far as possible the number of cases of statelessneas oroated by the operation óf such laws." 62. The replies of the governments of the following twenty-]line countries contain comments or information relating to this part of the Council's invitation: Australia, Belgium, Burma, Canada, Ceylon, Chine., Czechoslovalcia, Denmark, Ecuador, Egypt, Finland, France, Greeoe, Ireland, Ii^n, Israel, Japan, New Zealand, Norway, Pakistan, Poland, Sweden, Switzerland, Turkey, Union of South Africa, United Kingdom, ünii;ed States of America, Uruguay and Yugoslavia.

CEAPOÏÏR I. GENERAL COMMH2OT CONCEHCTB SEE PROBLEM OF EB-SXAMUUNG NATIONALITE IAWS WTJ3 A OTtf TO BKDU3HSGJ AS FAB AS AS POSSIBLE, TEE KUMBER OF CASES OF . STATELESS NESS CEEATED BY THE ... . ". OPERATION OF SUCH LAWS 63» The reply of the government of one country, Israel, whlcii has recently achieved independence, contains a i3tatement to the effect tha i; it has not enacted as yet & nationality law. The Government has, however, submitted to the legislature a Bill on citizenship and it nay be supposed that its baaio principles, aimed at bringing: the law into haniony with Article 15 of the Universal Declaration of Human Rights and with the Resolution of the Economic and Social Council on the elimination of statelessness will remain unaffected: Israel: See part of the reply (E/l869/Add»3JL) reproduced in paragraph 25

above # " 6k. The replies of the governments of the following countries contain a statement to the effect that statelsssnees does not occur as a result of the operation of the nationality lavs of these countries: •*• Ceylon; "There are no ca3es of statelessness in Ceylon caused by the operation of Ceylon laws, and bhe question dooá not therefore arise"*» (E/l869/Add.2, page l).

/2* Switzerland; E/2230 A/CN.V56 Page 88

2<> Switzerland: "Since l0if8, -when Switzerland became a federal State, it has always tried to avoid cases of etatelessness bejng created by its legislation. It has done so, firstly, by expressly providing (l) that Swiss nationality cannot be lost unless a foreign nationality is held or acquired. This applies in all cases, including change of status,, marriage release on request and withdrawal. ^Follows a description of provisions concerning acquisition of Swiss nationality by birth/ "Ei this way Switzerland completely avoids caeeo of Stabelessneee being created by ite own legislation". (E/1069/AddJ.O, page l). 65. The reply of the government of one country, Uruguay, alito states that since no person born in the country la stateless and no pers«ai can become stateleiis through the loss of the country's nationality, the country10 legislation does not £ive rise to s ta tie le sanees « The reply ttatee further that as the nationality of the country cannot be acquired otherwise than by birth in the country, certain persons are or become stateless either tecause they did not acquire a foreign nationality at birth, or because they have lost their forei^x nationality (although stateless persons as other aliens may, under certain conditions, acquire citizenship, e.s distinct from nationality); Uruffliay:» nl. CAUSES OF STAG2ELEÍ3SIÍESS "l# go yevBorw bgro in the territory of ihe .teyvtolto age* stateJeee "Article 65 cf th® National Constitution adopts the Jus soli as the basis for nationality in Urugiay=^.

: "Any person born-' in Uruguay is therefore a national of the Oriental Republic 'whether he be the child of Uruguayan», aliens, stateless, or unknown persons^' .

* See a].so the part of the reply of the Government of Uruguay reproduced In paragraph 2k above.

The following footnotes are footnoijes contained in the original reply of the Government of Uruguay; "1/ Oriental and not Uruguayan; in correct usage, however, the two expresa ions "" are Interchangeable. "2f The plaoe of Mrtii; not the plaoe of registration of birth, determines nationality. "~"~ n3j ^n *^e caee oi> an ^an^-oi16^ child, tlie place of birth is caisidered to be tfcj pleine -sdiere the child was found. BÙQ Article 28 of the Civ LI Register Act of 11 February 1879." /e^ No Iî/2230 VCN.U/56 Page 89

"II. 3STo periEton can become stateless through, loss, of Uruguayan nationality *(l) According to Article Jl of the Conofcitution, Uruguayan nationality Is not lost even "by naturalization In another country, "(2) Loss of nationality may not "be Imposed as a puni shment. "(3) An Uruguayan woman does not lose her nationality by marrying a foreigner or a stateless person, " (k) Uruguayan ns.tionality may not "be renourced. "2. Naturalization of Stabless Persons 111. Stateless persona nay not acquire. Uruguayan nationality by

"^« Uruguayan nationality cannot be acquired fry carriage "Hence an alien dorian who, in accordance "with the lay of- her own country acquires her husbandrs nationality and loses her

own nationality at marriagef will be stateless if she marries an Uruguayan, "IH. Uruguayan nationality cannot *be ao.qu.ired as i concession from the State

"5. CONCLUSION "Uruguayan legislation provides no means whereby stateless persons may "become Uruguayans. "On the other hancL^ Uruguayan legislation dons not give rise to statelesBness*

"Moreovor> the steitus of sta telaos person.? In Uruguay Is so similar to that of aliens that, generally speaking, their position does not improve through the acquisition cf foreign nationality,

• ^ îJ See pari; of the reply of the Government of Uruguay reproduced in paragraph 29 above,

/"Finally, E/2230 ' A/CNA/56 Page.90

"Finally, without ceasing to "be stateless, stateless persone may achieve a status similar to that of Uruguayans merely "by obtaining citizenship". (E/23j6^/Add.ll, pajes 1-2 ana ll). 66» The replies of the governments of the following countries contain a statement to the effect that the problem of reducing, as far as possible, the number of cases of statelessnes£ resulting from the operation of nationality 3jaws has "been solved "by them: 1. CzechpSlovakia; "The Government of CzechoSlovakja solved the question of reducing stateleseness by Law No. 19^ of the Collection of Laws of 13 July 19^9 relating to obtaining and loss of Czechonlovak eitizenship" (E/2l6VAdd,12, Pag© l) • 2* Iran: "The Iranian Government has solved the problem of reducing átatele semess through a Nationality Act of 195^ def in:Lng Iranian citizenship"

(E/2l6iv/Add#2l) • 3. Poland: "On 8 .January 19^1, a new Polish law concerning citizenship iras issued. This law solved the problem of state le assess in a progressive and democratic spirit, "The new Polish law e:cpressed the "belief that statelessness constitutes a harmful element in the life of a State .. •

"The most characteristic expression of the spreai of progress represented "by the new Polish law is shown in the fulL establishment of the principle of the equality of the sexes.

"The principle of equality of sexes on which the new Polish law about citizenship of 8 January 1951 is based, expressed the spirit of progress and social ¿Justice. "The Polish, legislation concerning citizenship in a progressive and democratic way tries to liquidate tho problem of statelessness" . (E/2l6VAdd,7, Pages 1-3). 6'7. The replies of governmentÊI of the following countrieE contain sijatements to tie effect that their nationality laws art* designed wi-fch a view to reducing as far as possible the number of cases of statelessness resulting from'tfteir

/operation, 1 E/2230 A/CNA/56 FEige 91

aeration, although in some of the countries state le s sue s s may occur in certain cases .- 1* Australia; "The Nationality and Citizenship Act, which came into force on 26 January 19^-9, was dre.fted with a view to avoidirg statelessneBs wherever possible ... n "Beview of Nationality Legislation "Australian nationality legislation is reviewed from tjme to time and the subject of ¡atatelessness, in particular the question of reducing the number of cases of statelesaneas, will, of course, "be kept Jn mind during such reviews. Under present circumstances the number of cae es has "been reduced virtually to a minimum." (E/2l6VAdd.2O, VV* 1 and ¿) 2* Belgium; "Since the legisle.tive reforms of 19^9* W ccuntry has scv.ght to eliminate the causes of statelessness as far as pcssible. The act of 15 October 1932 represente the most recent step, in that direction by rendering it impossible to renounce Belgian nationality in cases where that would result in depriving the applicant of any nationality. "Nevertheless, our present legislation still contains jorovisions which can give rise to statelessrusss. "These are primarily provisions concerning, the forfeiture of nationality. They are, however, regulations to meet exceptional circumstances, -where they would he required to protect the higher interests of the State; their application is very limited and will no doubt diminish still further in the course of tjme. "The provisions on the effect of the recognition of i3J.egitimate children may mean that a child born in Belgium of legally untor/si ^mnzz, which has been considerad as a Bt Igian, would lose its natic-.nal5.ty. If recognized in the first place by an alien, such a child would lose the status of a Belgian national even if it did not acquire the nationality of the alien. y For details on this last point see Chapters II to VI (paragraphs73 to 150).

/"Thit. is due E/2230

Page 92

"This Is due to the tfact that our legislation adherís to the system of jlH£ sansuinis. The illegitimate child of an alien father cannot retain Belgian nationality) which it posBessed on a precarious basis and "by virtue of an assumption which has "been proved false; similarly, a legitimate child, "born in Belgium of an alien father vhose nationality is not transmitted to the child is not regarded as a BeJLgian national. In both .oases, the statelessneas is merely provisional, since a child born in Belgium is entitled to acquire Belgian nationality "by option. "Thus, it does not seem that Belgian legislation or nationality need be revised in order to conform with the wishes expressed "by the Economic and Social Council of the United Nations". (E/l86VAdd.7, pp. 2-3) The Departasnt of Foreign Affaire wishes to point cut that Belgian legislation has been designed to reduce to a minimum all provisions which might cau3e persons to find themselves without nationality.

"Certain provisions .of the Belgian law may, however, in a very limited number of cases, lead to statelessness.

"For reasons of public security, further legislation haB been passed regulating loss of Belgian nationality. 11 " (E/2161., pp. 2-3). 3• Canada; "The Canadian Government is in agreement \ ith the spirit and intent of paragraph 7 (of Economic and Social Council resolution 319 iil (XI)X . • it is the policy of the Canadian Government to tato cognizance of the problem of statelessness whenever Canadian citizenship legislation is under review. In fact as recently as June of this year- amendments were made to ths Canadian Citizenship Act to provide for the elimination of certain forms of statelesijness. As the whole problen of statelessness in relation to Canadian legislation has been reviewed recently by the competent Canadian authorities, there would not appear 'X> be any necessity at the present time to re-exiimine the citizenship laws of Canada." (E/1869, p. 1) l/ The reply of the Government of Carada is dated 26 October 1950- /h. China: E/2230 A/CN.V56 Page 93 i*. China; "Acquisition of Chines© nationality by birtU ..• Article 1, sub-paragraphs 1, 2 and 3 of -;he Chinese Nationality Lav ... /"and_7 sub-paragraph k of the same Article give rise to a nationality of origin; there is not the least possibility of creating stateless persons. "On the other hand, under Article 2 of the same lav , an alien may likewise acquire Chinese nationality through quasi-blood relationship •«• There is little likelihood .,, that the operation of thiu Article could ever lead: to statelessness, unless the person concerned is unwilling to acquire Chinese nationality,, "Loss of Chinese nationality by post-natal occurrences. It is possible that cases of stateleasness ara more frequently created l>y the operation of laws governing loss of nationality ... ". ('Ë^lèk/AM.l'.), P* *0 5. Denmark: "Danish legislation on citizenship has recently been completely revised. The new Act of 27 May 1950 entered :Lnto force on 1 Jemuary 1951» T^a Act is formulated in accordance with the Hague Convention of 12 April 193'3 concerning certain questions relating to conflicting citizenship legislation (Denmark has not becndation in que&tion will be taken into consideration within the bounds of possibility,1* (B/2l64/Add.8, p. 1) 7. France: See the part of the reply of the Government of France repi'oduced in paragraph 69 bel.ow in fine. 8, Greece; "It is evident that the provisions /"of Article Ik of the Civil Law of 1856 as amended ¿uid completed by article 1 of the Legislative

/Decree E/2230 k/G&.kfcí

Decree of 13 September 192&J limit to a large extent the oases of stateless persons in Greece. Accordingly, there Is no need, in our opinion to emend or complete the Greek legislation in this respect." {E/l369/Add.6, p* 2) 9. Ireland: "The operation of Irish nationality lav doss, not create átatelessnesa, except in the provision which authorises revocation of a certificate of naturalization, and., in fact, since the passing of the Irish Nationality and Citizenship Act, 1935, no certificate has been revo&ed.M (E/K369/Add.l7, p. 1) 3-0# Japan* "it is the opinion of General Headquarters /"Supreme Commander for the Allied Powers in Japac^/ that ... the nationality law ^Public Lav ik'J, enacted May h, 195QJ reduces to a minimum the nisriber of caaes of Btatialessnesfl created by Its operation." (E/l869/Add.3, p. 2) 11 • Nev ftea-'1-*^1 "Jnder the British Nationality and Hew Zealand Citizenship Act, 19^8, the New Zealand legislation relating to nationality eind citizenship, all persons lorn in New Zealand, with ^important exceptions, automatically become N

/12. Norway: E/2230 A/CN.V56 Page 95

I2- ÏÏ2î^^" " ••• i-t ^^ **© Pointed out that Norwegian jiationality legislation was recently made the subject of a thorough m (vision. The

new act> the Nationality Act o:f 8 December 195° ••• came ::nto force on the first of January of this year.»-' This Act, which like thii earlier act of 8 Au/just 192 S is in conformity with the Hague Convention of 12 April 193^> will in certain resp3cts have the effect of mitigating th*> problem of statolessness in a greater degree than "was the case under the Act previously in force." (3/2l6U/A*d ,1, V- •'-) 13 • Sweden: lf ... first of all it must be pointed out tliat the Swedish lavs regarding nationality haw recently been completely : revised. The new law; the Swedish Nationality Act of 22 June 1950, will coiis into force on 2/ •I*January 1951.— The Act is In accordance with the Hague Convention of •-- "12-April 193Û concerning certain questions relating to thei conflict of nationality laws which Sweden has ratified. The chief feature of the Act is that it attempts to prevent statelessness in so far as this can be done." (B/l869/Add,9, P. 1). *•**•' Union of South Africa: "Although the condition of siatelessness, in the existing Union legislation,, can. arise (for example whore a former South African citizen loses this status through inability to conply with certain of the provisions of the South African Citizenship Act, 1<>^9) it is thought that in actual practice such cuses will not be of sufficiently frequent occurrence to justify any revision of the Union's nationality legislation." (:Bî/3i»69/Add.l5j. pp. i-2) f| .. » circumstances under which statelessness can reiult from legislation in the Union of South Africa arise from the fciliare to comply with the minimum requirements for the acquisition'or retention of South African citizenship." "(E/2l6VAdd.9, p. l) /""For clauses of the South Afr:Lcan Citizenship Act, 19^9, under which persono may become stateless-S€;e the second! reply of the C-overnment of •' South Africa (E/2l64/Add.9) and Chapter VI below_7. 15. United^ingacais "The nationality laws of the United Kingdom and "•the Colonies are such that the possibilities of statolessiiess arising

¿/ Tho re-ply of the Çovernaent of Norway is dated k October 1951. 2/ The first raply of the Government of Sweden is dated 5 December 1950• /thereunder ; : A/CE < - / ;6 Pags 96

tïwreurder are reduced to tl:3 aininum. In particular, ¡10 person can be born state?..eün in tiie United Kingdom and the Colonies; ¡md no person "born vi.thi:.\ the Usitoo. SUngdora ani the» Colonies can at any tLme become stateless "by thi) sola ?.pratic:i of United Kingdom law," (E/l869/ndd.l4, p,l) Sao aloe t.i-,3 y;oo:r: ret;JLy. of üíie United Kingdom (E/2l64/Add.5). ^» :-^í^!L?¿^Í£E .2£ji^F-i£^? 'Statelessness may result at birth, or after bi:rth c* it ciecxs Bafe to BVJ that the number of cases of state le sene ss re Huit ing frcm -else ops» ration oí American law governing ;he acquisition of national i ty at birth are q[uite negligible. 'Stateleosneee af.tor birth results largely from thn operation of expatriation statutes. . The vays in vhich American nationality can be lost are set forth in sections UCL and ^0^ of the Hationalitj»" Act of 19^0. These xfâthcds all ... rociuire voluntary action by the individual

"cases of statelessness r^cuiLting from the nationality !.aws of the United States are tev in number « The United States continues, however, .to _re«exan3ne its nationality logislàtion from time to'timr, Keeping always in

mind wb? desi?t-abi?.it^ of decicsaslrig as much as possible remaining cases of stateiossne3s.!! .(E/l869/Add.l2, pp. 2-3) 6;1, The reply of the ¿overranent of ore country also states that the nationality rules of the country as embodied :Ln various texts provide a tiolution for most cases of stateleecnoss; rvoverthôloss the country is now reviiiing its nationality laws in order t? bring them in line with the modern principles of international law. Ecj;iador;~ "My government considers that our nationaliiy rules, as set -orth in the Constitution, the Civil Code, the Act and Regulations respectlüfi alj.ens anô t3*o euDpleLrntaiy provisions of the Sanchez

nationality "by rjjan^iage, by i.v:-Ï &ï *a'•• ? raiaT. */<$/ as a per.alty, by transfer -K l/ S^o also par.-c-3 n-¿ th5 two rr.p3.ies of the Government of Ecuador (E/l869/Aâd»5 and '£./2:ók¡kú*A) icprodir:^d in paragraph 39 above.

/of territorio E/2230 A/CIÍ.V56 Pa@9 91

of territorial sovereignty, eto. Nevertheless, Ecuador in now revising ' its nationality laws in order to bring them into line with the modern principles of international law," (E/l869/Add.5, p..?X 69. The replies of the governments of the following countries contain statements as to cc-uses giving rise to state leissnese and as to possible action on a national or international level, for eliminating such causes or for reducing the number of stateless persons: 1° ^gyp^ "Thore is now in Egypt a considerable number of foreigners of u:ndet«rmined nationality; most of whom have disposed of tlieir original nationality through their own ])ersonal efforts - thus the Egyptian Govenxnsnt is experiencing gre*it difficulty in sending them to their country of origin.

f:With regard to persons of unkonwn nationality (apatrides) the Egyptian Government is of the opinion tíiat the problem of such persons can easily be solved by sending them to the countries where their services are required, In order that they may not be a burden to the country wheie they are now living." (E/2l6VAdd.lk, PP. 3.-2) ^* jlggj^9-* "Every State has absolute discretion to define its nationals in accordance witi; the national interest. In some cases the legislature defines the acts or events which give rise to the presi^.rlion that the person concerned will subsequently conduct himself in conformity with that Interest (descent, birth in the> country concerned, solemn declaration, residence, marriage), in other cases, it leaves it to the Government to select Individually the persons; who show that they merit i he privilege of being admitted to tho national community (naturalization stricto sensu). "The first of these tw? methods of dec i && tine natiorals Is by far the more important for it ensures the stability of the State by fixing the nationality of most of the population from the birth of each individual. In France, for example, out of a population of k2 million, 2 million are aliens, 2 million have acquired French nationality since llrth and 33 million are French nationale, by birth.

/" E/2230 A/CN.iî-,/56 Pago 9<3

It is obviously desirable, from the point of viev of iir»rnational lav, that the causes of double nationality, like those of st£itelessness, should b9 removed, 'The ideal would be to heve one person, one nation*JLity. This means that the nationality lavs in the seventy-five sovereign States vould have to be not only identical but also so vorded that: 1) there cas. "bo no loss cf nationality A vithout the acquisition of nationality B; 2) multiple nationality shall be avoided by means of a compulsory option at the actual tine at vhioh the conditions ior acquiring the second nationality are fulfilled. "It is unlikely that, in the existing state of affairs, governments vould agree to valve their right to deprive of, their, nationality the handful of ]?erson (or the hundreds or thousands, as it might be in soae countries) who engage in anti-national activities in times of peace or of war. • • » "A state le e s person is a person upon vhom birth doe 3 not confer or who does not acquire after birth a nationality under any of the seventy- five legislations on nationality. "Cut .of the 300,000 refuses at present residing in France 160,000 are still stateless by reason of the lavs nov governing iloss of nationality in their countries o_T origin; that is to say approximate!Ly half the refugees r would not, vere they to return to their countries of origin, recover the ¡statue of nationals of those countries. "A change in the lav of the country of origin vouldj of course, suffice to restore his nationality to a stateless pereon even if. being instinctively apprehenaive, he preferred to remain in the host country as a 'refugee vho has recovered a particular nationality'. Moreover the refugees from Eastern European countries, for vhom the term 'ne0-refugees' has been coined, have not yet all made up their minds vhere they intend to settle, and such refugees ars

/"There are

••if E/2230 A/CN. V56 Paga 99

"There ars few stateless persons who are not also refugees. Their status is often the result of the unfortunate conjunction of two domestic legislations. For example, a Swiss woman who marries an alien loses her nationality; between 1927 and 19^5 a Swiss woman marrying; a Frenchman was required "by French law to aigri a declaration bçfpre, sloe could "become a French national. Between the£¡e two dates any Swiss wcmar. who failed, through "being ill informed, to sign this declaration did not become a French national. Between these two dates any Swiss voman who failed, through being ill informed, to sign this declaration did not beccme a French national and lost her Swiss nationality. Legislation was required to enable such persons to escape from the status of stateleesness (in France the Act of 22 May 1949 and the Ordinance of 6 January 19^5). 'A person who is not a refugee might, nevertheless,, be stateless simply by virtue of the law of the country of which te is a national. For example, if a Frenchman by naturalization, having lost his nationality of origin by acquiring French nationality, is .deprived of the latter, as a result of a serious conviction for a crime against the ordinary law he becomes stateless, though not a refugee, for as long as. he remairs in France. "There are very few stateless persons in the world who were previously Fr»noh nationals, certainly less than 500, all of them non-m*U£OG3. "The 15j.000 or so withdrawals of nationality owing to a review of the naturalizations or to the deprivation of nationality of psrsons who formed the nucleus of the Free French Forces between 19^0 and 19^ were cancelled after the Liberation. "Generally speaking, the French Government never confers or withdraws French nationality as a reward or punislosnt, and tiie relevant legislation contains eveiy kind of provision likely to remove the cau3es of statelessness. Under Article 96 of the Code of 19 October 19^5, only individuals having another nationality and behavlig in France as active nationals of the other State* in a maimer inconsistent with French national interests, are deprived of their French nationality/' (E/2l64/Add.lQ, pp. 3-6) 3* 3EHS2ï.: "Actually there ;~r3 about UP. atateless persons in Turkey. As this number indicates the problem of stateless persona in Turkey is not of a serious nature.

/"Children, A/Cîî.4/p6 Pàg3 100 .

-, '^Children, lorn in Turkey from parents that are "both or either of them . s tats lees, are Turks according to Section B of Article 2 of the TurkiBh . . ./Lar or. ITationaP-ity1 • By preventing children torn in Turkey from becoming .. . Bts.tej.es3 by-bir^h this provision of the law stops the increase of the nuc¿>or of stateless parsone.. s:

Oaees cf statelessness arj.se mostly as a result of denationalization and the ccrj-oequent inability to acquire another nationality. Denationalization is often effected by States in the exercise of their ebaolute sovereignty for cor«sidf*ratiozis of public order and security. The avoidance of the ensuing complications is de>pendent on a certain amount of sacrifice by States of the.".r absolute r^ghxs. Its achievement can pave the vay towards the formulation of an international rule regarding denationalization. This ie deemed desirable". [For the provisions of Article 9, 10 and 11 of the Tirkish Lav of nationality, reproduced in the reply of the Government of Turkey, see Chapter VI below_7« (E/2l6U/Add.l5, PP. 1-2) 70. In the reply of the government of one country are set out the conditions under which stateleesness may occur, in particular in the case of withdrawal of tin country ?s nationali-üy, and -:he guarantees offered to "tlüé• person"!icîb?j3 to have his nationality vithdravn* { "• y^oslaviasi See the reply of the Government of Yugos:¿via, É/2l6if/Ádd.l8 e,nd Chapter VI below. • ..•;•...•..:

/CHAPTER II E/2230 A/CN.V56 Page 101

CHAPTER n* ACQUISITION OF NATIONALITY AT BIRTE: •n, flaticniality at birth is acquirod in accordance either witt Jus soli or yith jus gtanguinia. In üie first case the child acquires the rationality of the country where the birth occurred; in the second case he acquires the nationality oí his parents. Statelossness at birth occurs wher an individual does not enquire any nationality at birth, either Jus soli, or Jus sanguinis « 72. The replies of the following countries do not indicate the means by which nationality at birth is acquired, bv:t contain a general statement that statelessness cannot result from the operation of their laws. •*•• Ceylon: see paragraph 64 above, 2* Ireland: see paragraph 67 above, 73» 2E2HILÏ* Country applying jus soli as the exclusive means for determining "" nationality at birth Uruguay! see paragraph 65 above, Chapter I of this Part. 3for conditions under which the child of an Uruguayan born abroa 1 may acquire the citizenship of the Republic, see paragraph 20 above. 7&» SESSBJS» Countries applying Jas soli as a prjjaary means arid Jus eapguinia "** ^'d BQGODiü¿fmap¿ for_'deLtermln'ln^^ na-cionaiityii^ birth ^•" Australia: "Persons born In Australia acquire Australian citizenship at birth unless they are the children of diplomatic representatives here of oiiaw countries, A person born outside Australia of a fat] 1er -who is an Australian citizen acquires Australian citizenship if the Mrth is registered 1 at an Australian consulate within a prescribed time *. (E/2:.64/Mdo20, p.l) 2, ;Cran; wThe following are (jonsidered to be Iranian c^i;izens: tr

• •••••«•• "b. Children born in Iran; 111 c. Children born abroad of Iranian fathers; "'&, Children born in Iran whose parentage is not established; tt • CB/2l6tyAdd#21, p.l) 3« 3:_8rael: /îftider 1îhe Bill of Citizenship submitted in June 1950 by the Goverrment of Israel to the Knesset and now-' in the Committee ëtage/.

if The reply of the Government of Israel is dated 18 December 1950.

/wAny child E/22130 A/CN¿/:?6 Pag© 102 .

"Ajiy child born In Israel and not included in the af oranentioned categories» vho does not at birth acquire a foreign nationality/, and fo'undlings found in Israel, are deemed to be Israel citizens as from the date of birth (Section, k (b) and (f)). . "In supplementing the a forego ins ^us soli provisions for the - acquisition of Israel citizenship by children, the jus Banguinis principle is applibd as a secondary measure; a child of an Israel citizen, though" bam.abroad, is an Israel citizen if at the time of birth-his parent was permanently residing in Israel • „. The requirements as to citizenship or

residence applying to parents .#(> are deemed to be fulfilled if either of toe parent» ... complies therewith."" (E/1869/Aàà.ll, £.2), ... **"• Key Zealand: "Under the British Nationality and .flew Zealand Citizenship Act, 19^8, the New Zealand legislation relating to nationality and citizenship, all persone born in New Zealand,. with unimportant . - exceptions, automatically become New Zealand citizens. It follows that .. statelessness does not arise in the case of. persons boin in New Zealand; nor, in view of the provisions in the/New Zealand legie látion re la ting- to the acquisition of New Zealand citizenship by descert, is statelessness lilcely to (irise in. respect of legitimate children born outside New *

Zealand of a father who is a New Zealand citizen." (Ej2l6kjAdL^,'3f p.l)*

• j 1 X/ See the part of the reply of the Government of Israel repro&v/ted in» ' pejragraph 20.

/5e Union of E/2230 A/CN.VJS- Page 103

% Union of South Africa: ''Clauses of the South Afriain Citizenship

Act;> 19^9, under which persons may become stateless are sited hereunder: "Article 3 (2) 'Persons falling under this article who are no S citizens or nationals of some Sbate other than the Union, are stateless* ,"-* (E/2l6VAdd,9, P.3) °*» United Kingdom and Colonies ; "Any person born in the United jfCingdom and Colonies is a citizen at birth under Section k of the British Nationality Act, 19^8 (unless the father has certain diplomatic Immunity or unless the father is an enemy alien and the child is t orn in an enemy- occupied territory).. Such a person passes on this citizenship automatically •bo his legitimate children bom abroad, Special provision is also made in this Section for citizenship to be passed on to subsequent generations born in foreign territories and, in certain cire urnstancée, to those born in t'ne self-governing commonwealth countries. Thus (except as mentioned above) no one could be born stateless in the United Kingdom and Colonies, nor would his descendants normally run any risk of being stateless if born abroad." (E/'2l6VAdd .5 ) Sections h and 5 °f the British Nationality Act, 19^3, annexed to the Eiecond reply of the United Kingdom reads as follows:

1/ Article 3 of the South African Citizenship Act, I9I+9 read¡5 as follows: H3. (l) Every person born in the Union on or after the (Late of commencement of this Act who is not a prohibited immigrant under any law relating to Immigration shall, subject to the provisions of sub-section (2), be a South African citizen, ri(2) No person shall be. a South African citizen by virtue of sub- section (l) if; at the time of his birth: (a) his father enjoyed diplomatic immunity in 1;he Union and was not a South African citizen; or (b) his father was an enemy alien and the blrtl occurred at a place under occupation by the enemy and his mother was not a South African citizen; or (c) his father was an enemy alien without the right of permanent residence in the Union and was interned or detained in custody in the Union and his mother was not a South African citizen; or (d) his fathor was a prohibí tod immigrant under the law then in force, in t£he Union." (See "Statutes of the Union of South Africa 1949", published by Authority, Cape Town, 19^9, P¿l8.) Mention should also be mad9 of article 6 of the Act under which certain persone born outside the Union after the date of commencemsnt of the Act are South African citizens by descent (wee Ibid., p.lj-20). /"Citizenship by E/2230 A/CK.V56 Page XOh

"Citizenship by birth ttb. Subject to the provisions of this Bection, every ;?erson born within tiie United Kingdom and Colonies after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by bir*;h; Provided that a person shall not be such a citizen by virtue of this section if at the time of fr:s birth; (a) his father possesses such Immunity from suit and legal process a a is accorded to an einvoy of a foreign sovereigr power accredited to His Majesty and is not a citizen of the United Kingdom and Colonies; or (b) his father is an enemy alien and the birth occurs in a place then under occupation by the enemy." "Citizenship by descent "5. (l) Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth; . ' ": Provided that if the fa-^er of such a person is a citizen of the United Kingdom and Colonies l>y descent only, that persor. shall not be a citizen of the United Kingdom and Colonies by virtue of'this section unless: (a) that person is bom or his father was born in a protectorate, protected state, mandated territory or trust territory or any place in a foreign country where by treaty, capitulation, grant, usage, sufferance or other lawful mejana, Hlfi Majesty then ms or had jurisdiction over British subjects; or (b) that person's birth having occurred in a place in a foreign country other than a plaoe such as is mentioned in ¿he last foregoing paragraph, the birth is iregistered at a United Kingdom consulate vithin one year of its occurrence, or, with the pemission of the Secretary of State, latea1; or (c) that person7 s father is, at the time of the biith, in Crown service under His Majes ty* s government in the United " Kingdom; or (d) that person is born in any country mentioned in sub-section (3) of section one of this Act in which a citizenship lav has then taken effect and does .not become a citizen thereof on birtti,

/(2) If the E/2230 A/CN.V56 ft • Page 105

(2) If the Secretary of State so directs, a birth shall be deemed for the purposes of this section to have been registered with his permission notwithstanding that his permission was not ottained before the registration." (E/2l6tyAcLa.5j Annex I) 7» United States of America: "Under the Fourteenth Amendment to the United States Const!tution, a]JL persons born in the United States and ¡subject to the Jurisdiction thereof acquire the citizenship of the United States at birth, so thfit there are few, if any, cases of persons being born in the United States without acquiring a nationality. The statutory law of the United Sietes (Nationality Act of l$40, Section 2Ô1, United States statutes, Volumo 5k, page 1,138; United States Code, Volume 8, Section 601) also pj'ovides for the acquisition of American citizenship by birth abroad to American parents so that it seems safe to eay that the number of cases of stateleasness resulting from the operaron of American law governing the acquisition of nationality at birth are

quite negligible," (E/lS69/AdcLt12, p.2)

75# Group ill. Country applying ;(us sangujnis as the exclusive means for determining nationality at birth Switzerland; "Swiss nationality by paternal affiliation can be acquired unconditionally. If paternal affiliation is not secured and if the mother is Swiss, the child acquires at birth the Swiss nationality of its mother. The same applies in the case of legitimate affiliation to a Swiss female. If the child does not acquire foreign nationality at birth." (E/1869/Add.lO, pp.1-2) 76. Group IV: Countries applying jus aanfluinis as a primary means and Jus eoli as a secondary meang for determining nationaljty at'birth !• Belgium: "Certain provisions of the Belgian law may ..., in a very limited number of cases, lead to statelessness. Such would be the case . for the following: a legitímete child, born in Belgium of a stateless father." (E/2164, p.2) To-the reply of the Gove2«nment of Belgium is annexée, the text of the Consolidated Nationality Act of lh December 1932. Artic].es 1 and 2 of the Act read as follows:

/"Article 1. E/2230 A/ON A/56 Page 106

"Article 1. The following are Belgian nationals:

"14 Legitimate children, even if born abroad, of fathers having Belgian nationality at the time of their birth; "2. Children born in Belgium of legally unknown 3«rente. A foundling discovered in Belgium is présumée., pending proof to the contrary, to have been born in Belgian ten 1 tory* "Article^ 2, An illegitimate child whose maternal filiation is legally established during its minority and before its emancipation follows the nationality of its mother at the tlm€ of the act of recognition or Judgment of filiation. Where such Judgment is rendered only after the motherfe death, the child follows ihe nationality of the mother at the time of her decease. "If voluntary or Judicial, recognition of paternal filiation precedes or coincides with that of maternal filiation, the child follows the father's nationality." (Ibid», Annex) 2. China;: "Acquisition of Chinese nationality by birth. Article 1, sub-paragraphs 1, 2 and 3 of the Chinese Nationality La* follow the doctrine of ftis sanguinls, A person always acquires Chinese nationality, yhorever he is born, if fat the time of his birth his fither was a Chinese1 j flf he was born after the death of his father who was a Chinese at the time of his death*, or if 'while his father is unknown or stateless, hi£i mother is a Chinese1'. Sub-paragraph k of the same article, however,

follows the doctrine of" Jus i3oli< Thus, any person *bo:*n in Chinese territory1 would acquire Chinese nationality 'if'both h:Ls parents are unknown or ata téleos'. The situations, mentioned, in the above provisions give rise to a nationality ojf origin; there is not the :.east possibility of creating stateless person»." (E/2l6VAdd.l3, pJO "3. Denmark: " «., a child born in wedlock whose fathor is a Danish national will acquire Danish nationality at birth, regai'dless of the place of birth. In the same way a«» hitherto, a child born oui; of wedlock whose mother is a Danish national will acquire Danish nationality regardless of the place of birth. "Though Jus soli has not been adopted as a general principle, the new Danish Nationality Act /ôf 27 May 19507* - as was also the case with

/the former E/2230 A/CNA/56 Page 107 the former Danish nationality legislation - contains provisions whereby the principle of descent is waived in favour of persone torn in this country» Thus a child born in wedlock in this country, whose mother is a Danish national and whose father is a stateless person, will acquire Danish nationality at birth, and the same applies to a ciiild born in wedlock in this country, whoso mother is a Danish nation;il and whose father holds a foreign nationality, which the child does not acquire at birth ...

MThe above-mentioned concessions to the Jus soli principle may be extended by agreement, so thai: birth in one of the other Nordic countries (Finland, Iceland, Norway and Sweden) is considered equal to birth in this country ... Such agreements were concluded with Noiway and Sweden on December 21, 1950, and entered into force on January 3, 1951J1

(E/l369/Add.l8, p#2) km Finland:; "The Law on Nationality of 9 May 19kl (to. 325/41) contains the following provisions for the avoidance of new cases cf statelessness: "(a) paragraph 1, item.2. Finnish nationality is granted to a legitimate child whose mother is a citizen of Finían i and whose father is without national!ty, if the child, on account of its birth, does not become a citizen of some other State; "(b) paragraph 2, A foundling met with in Finland Ls considered a Finnish citizen until it has been established that the same possesses the nationality of some other State;

"(d) paragraph 13• Finnish nationality is granted, on account of birth, to a legitimate chi:ld born in Finland, whose parents are tngermanlandian or East-Ccirelian refugees of Finnish origin and at the date of the entry into force of this law (l July 19kl) reside in Finland; also to the illegitimate child of an Inge rmanlandian or 1 East-Carelian woman, if the child is born in Finland/ (E/2l6^/Add#8, P.2)

/5# France : S/2230 A/ON<,V5<5 Pace 108

5. France; "France has adopted, as a fundamental method for the absorption of Immigrante, the Jus soli operating in two stages ("birth in France of the individual concerned and birth in France of one of hie

parante/ (E/2l64/Add.l9; P,3) . "!Phe term 'French from t irth* is applied to persone who are French by descent and to any person of. foreign origin who is born in France and one of whose parents was likewise born in France." (Xb^¿., p,8) 6* Greece : "1) Paragraph c) of article 1^ of the Civil Law oJ* 1856, as amended by article 1 of the Legislative Decree of 13 Septenber 1926 'on amendments to tho Civil Law1 provides that fGreek :.s he who was born in Greece to unknown faifoer'or mother or of unknown nationality*. "2) Paragraph c2) of the same article 1^ of the C:lvil Law of 1856, added by article 1 of the above-mentioned Legislative Decree of 13 September 1926 provides that 'Greek is he who boing born and domiciled in Greece .has no foreign nationality1, and n3) Paragraph f) of tho same article Ik of the Civil Law of 1856, added by the above-refe]*red Legislative Decree of ii3 September 1926, provides that 'Greek is he who being born in Greeco to foreign parents did not acquire,, according to the law of. the. country to which the parents belong, the nationality they, had at tho time of his birth*." (E/l86*9/Add»6, p,l) 7. Japan": "The /nationali'&yj law ^enacted May k, 195^ provides that Japanese nationality is aoqu:Lred at birth: wa) VJhen the father is a Japanese national; . l!b) "When the father \dio died prior to the birth o:? the child was a Japanese national at the time of his death; "c) When the mother is a Japanese national if the father is unknown or has no nationality, "However, acquisition of nationality by place of birth is provided foa* when both parents are unmown or have no nationality, in a case where

tho child is born in Japan." (E/'l869/Addè3, P.l)

/8. Norway E/2230 A/CN.V56 Page 109

8* Norway: "The new /Nationality/ Act /of 8 Decemter 195O7> like the previous one, ie based on tho principle of Jus sangu^nis» Common to both Acts is, thus, the provision that Norwegian nationality Is acquired at birth by children born in wedlock when the father is a Norwegian national, and by children born out of wedlock when the mother is a Norwegian national. The new Act contains, however, in Section 1 (2) the further provision that Norwegian rationality is acquired by legitímate children "born In Norway of a Norwegian mother when the fatlisr is stateless or the child does not at birth acquire the nationality of the father. The laat- mentioned provision has been included to cover cases where the father is a national of a country where the principle of jus soli is strictly anfarced* It should be noted that the new Act empowers the king to conclude agreements with the other Northern countries - Denmark, Finland, Iceland find Sweden - embodying inter alia the provisisn that in this respect birth in a country party to the agreement ahaLI be considered as equal to having 'been born in Norway. By Convention of 21 Deo ember 1950 agreement to this effect has been concluded with Denmark and Sweden.*1 (2/2Jj64/Add.l, PP.1-2) Section 1 of the Norwegian Nationality Act of 8 December 1950, fiumexed to the reply of No:rway reads as follows: "Section 1. "A child acquires Nor./egian nationality at birth, when: wl» It is legitimate., and the father is a Norwegian national, "2. it is legitimate and born within the country of a Norwegian woman, provided the father is not a national of itny country, or the child does not acquire the nationality of thi» father at birth, 113• it is illegitimate and born of a woman who :.s a Norwegian national. Foundlings who are found within the country are considered Norwegian nationals until information to the contrary is forthcoming." (ibí-ji., Annex)

/9. Poland; E/2230 A/CH.V:?6 Page 110

9» Poland ; "BaBed on the opinion that statelessness is harmful, the new Polish lav /concernías citizenship of 8 January 195 ¡7 consequently solves the problem of children born, or found, in Polanl from unknown parents, or from parents whose citizenship is unknown (Article 7). These children receive ex Jure Polish citizenship. îhe:application in such . caaes of Jus soil excludes tJie possibility of the exist me e of the category of stateless persona from children of stateless and unknown parents. The tendency to eliminate stateleasness was bust expressed in Article 61 point 2 of the polish law which stated that :lf one of the parents is a Polish citizen *md the other*s citizenship is unknown, or unspecified, the child will receive ex Jure, a Polish citizenship independently, whether it wau born in Poland or in another country. "Expressed by this article, as we21 as by the new i.aw itself, the principle of equality of sexos consequently decided about the extension ,of Jus sangujnis, which appli.es equally to sexes both on the mother's or father's side. According to the old Polish law, basiçL on the privileged position of man, e^ child born in a foreign country from a stateless father and Polish mother, was stateless. Under the, new law, however, such a child will automatically reçoive à Pollen citizenship.11 (E/2l6VAdd.?, pp.1-2) 10. Sweden? "The new law, iho Swedish Nationality Act of 22 June 1950, will come into force on 1 January 1951 ... Just as .heretofore, a child born in wedlock, whose father or mother is a Swedish national, acquires Swedish nationality at birth, regardless of the place of his birth. In addition there are certain groups v'10 .m.ior tlie former law were stateless at birth, and who under the new lew are born Swedish nationals. This applies to children born, in wedlock in Sweden, of whose parents only the mother is a Swedish national, born in wedlcsk in* Sweden, of whose parents only the mother is a Swedish ¡national, provided that the father is not a national of any State and provided that the child at birth does not acquire the nationality of the father.11 (E/l869/Add.9, ;?.l) Artiole 1 of the Swedish Nationality Act of 22 June 1950, annexed to the second reply of Sweden, roads as follows:

3 /"Article 1 : 3/2230

:?age LU

"Article 1 "The following persons shall be deemed to be Swedish citizens by birth: :|1. any child born in wedlock whose father is a í Swedish citizen; "2. any child born in wedlock in Sweden, of whoso paren ta only the mother is a Swedish citizen, provided that tho father is not a citizen of any State or that the child does not acquire the father* s citizenship by birth; M3« any child born out of wedlock whose mother iti a Swedish citizen. Any foundling that has been come upon in Sweden shall be deemed to be a Swedish citizen until the contrary be discovered to be the case." (E/2l6VAdd.l6, Anne::) I&der Article 10 of the Act, upon agreement with Denmark, Finland, Iceland or Norway, the Icing in Council may order, namely the t in applying Article 1, paragraph 1, sub-paragraph 2, birth in a contracting State shall be deemed equivalent to birth in Sweden (tbid.). H« Turkey; "Children, born in Turkey fren parents that aio both or either of them stateless, are Turks according to Section B cf Article 2 of the Turkish 'Law on Nationality1 . By preventing childrer "jcni in Turkey from becoming stateless by birth this provision of the lav stops

the lncroase of the number of stateloss persons #" (E/2l6"VAàd515, pol) 11 * In the following countries nationality at birth is also detonsiiiod. in accordance with jus sangulnis ; however the country^ nationality ±e automtioally acquired by a child of a national when the child is born in the country: 1« Burma s "A child born after the caumencement of the Constitution :JI the Union one of whose parents is a citizen shall be a citizen cf the

Union p:?ovided7 however, that if the father is an alien such child shall cease to be a citizen on the expiry of a year after he attaiis majority unless irrlthin that time he makes a declaration of alienage ii respect cf any citizenship other than that of the Union and elects to r3tain the citizenship of the Union*

• •eaOtCj

/tfITeoas3£ry ïï/2230 A/CHT.V56 Page 112

l!Neoeseary pr ovio ions have also besn ira.de for children born outside

the Union to become Union citizensa A child born outside the Union after the cojumoncerrent of the Constitution^ of a father "who .Ls a citizen, is a citizen of the Union, provided that the child5 «? v*rth ^.s registered in the manner and vithin tho t:bie prescribed under the Un:.on .'.'Itizenship Act, 1$48 at the appropriate Consulate of the Union» A chil.d born outside the Union, after the cooimenoeiaent of the Constitution, of a parent who, being a citizen^ vas at the tino of the oMld?s birth :n the service of the Union is a citizen of the Union, provided that if 1he othor parent vas an alien and If tho chili ri thin one yoar after attaining majority fails to make a ¿ec.1.srut:.on renouncing any foreign national status to vhich he may be entitleo. a^a electing to n-otain liai on Citizei".iahip, he shall, on t>n ---'>-; • -i; ••• -•..••-• ,,--;- -- ,\-.; r •:î.*':ircn cf th? Union vide section 5 (b) and (o) ^f fcho Ur.:'.^ O:.ti?en«I:.:,p Act, 19^;3..î? (^/2164/AdcLaO, PP..2-3) The te;:t of the uiicn C Ltiser3?MF Act, 19-i--0^ is aiiieTed to the reply

of Burna (TpJA,., Anaox TT) t

2# C^zechC'Slloyalila; t , M ' le A child bom ia "l':io territory of the Cr.e-^Drlov~ak Republic is a Czechc.-lo^.^k citizor. -.von if one parent only is Ó Czechoslovak citizen end t>o •ir-;:^r "ocirent :l-r i fcr^j^cr. f:2p A raiall chiW f;*;/:r. jn tho terril crj o:: tbs 02 schoslov-al: Republic is a Czechoslovak'citl-'o;> un.l.32r cuff icjs.ov -.v'drp^s i? alduoed that ; he or Gho ¿g a entine:: .;••? cnotl:ar StatGr " {¿/SlíV^idoJ^, pfl)

/CIL^PïER 3XC- E/2230 A/OK A/56 Page 113

CHAPTER HI. EOTDT OF CHANGE IN STATUS (BTOOGNITÏOU, LHGIT3MAÏTON AMD ADOPTION) c»w mnowjjm 78, ©x© reply of the following government of one country contains a statement to the effeot that in that country a child cannot become a tit teles s for reason of a change in its status: Spritzer land: ft ... Swiss nationality cannot "be lost unless a foreigi nationality is held or acquired„ This applies in all (jases, including

change of status .,." (B/l369/AâdélOf p#i) 79, Oiiher replies contain separate informtion on the affecte of one or several causes of change of s tatas on nationality due to ono or more causes»

SE32I03 I: Recognition of children born out oJ' wedlocfc 80, The replies of the Governments of the following countries contain statenrants to the effect that a child born out of vedlock muy beoome stateless as a consequence of recognition 'ay his father or by his motJier or by both parenta: 1» Belgium; "The provisions cm the effeot of the. renoffiition of iJJLegitimate children may misan that a child born in Belgium of legally urümovn parents, 'which has "seen considered as Belgian, would lose its nationality. If recognized in the first place by an al.ien, suoh a child would lose the status of a 3elgian national even if it did not acquire the nationality of the alien. "This is due to the fact that our legislation adhores to the system of Jus sanffuinis, The illegitimate child of an alien leather cannot retain Belgian nationality, vhich it possessed on a procarlous basis and by virtue of an assumption whioh has been proved false; «,, the stateleesnass i« merely provisional, sinco a child born in Belgium in entitled to acquire Belgian rationality by option," (E/l869/Add,7j, p,2) "Ceriain provisions of the Belgian law may ,,,, in a very limited number of cases, lead to 8 tutele sane es. "Suoh would be the oaso for1 the following; ... an illegitimate child recognized ifirst by its mother whose country's IÍLV does not extend he»r nationality to the child; an illegitimate child recognized by its feither either before or aftar recognition by its mother, if the law of the father*s country does not extend the father1 s nationality to the child/ (2/2l6k, p.2) /For the E/2230 A/CN.V56 Page Ilk '"•".•:. • • • -v

Far» the text of article 2 of the consolidated Nationality Act of 14 December 1932, annexed to the second reply of Belgium, see Chapter H • of this Part, paragraph Jo. • . . ... , 2. CWna; " ../under Article 2 of the ^atioralib^7 làv.{°Ç[ Qhia&f, an alien, may ... acquire Chinese nationality through quasi-blood... relatioiehip, that is to way, if being an illegifclma be child, he is acknowledged by hie fa the]? or mother, who ¿s a Chinene, as his or her child ..» There is littlo likelihood, therefore, th¿it thé operation of this article could ever load to stateleesness, uniesu the person concerned is unwilling £o acquire Chinese nationality. n ,., It ia possible that cases of eta teles sneou are more frequently created by the operation of laws governing loss of nationality, The provisions of the Nationality law of the Kepublic of China.governing the loss of Chinese nationality are as follows: : tf'Article 10. A Chinese shall lose his or her'itatáonality. if:

n*2. His or her father ±& an alien and has acknowledged him or her as his child; or ttf3» His or her mother is an alien and has acknowledged him or her as her child, in case his or her father is unloicwn or has not made such acknowledgement. "fThe loss of Chinese nationality, under ^e pro\isiQn..of sub« ;paragràphs 2 and 3 of the preceding paragraph shall cnly apply to a person^ ^iího is a minor according to Chinese law or who has net been married to a Chinese husband.'M (E/2l6VAdcM3, PpJ^-5)

- .... SECTION H: Legitimation of children born out of wedlock as a result ' ""' of ,the joflrriaffe" of their parents .

•m 8l, }'.t results from th<9 replitsn^'pf the Governments of the following countries that, although, the nationality of a child born out of wedl xsk: may be affected by the change in its status resulting from the marriage of its parents, statelessness may not occur for the child:

/i. an: E/2230 A/CN>/56 Page 115

1« Belgium; Article 3 of the Consolidated Nationality Act of 12! December 1932, annexed to the second reply of Belgium, reads as follow t "Article 3. An illegitimate child legitimized during its minority arid before its emancipation follows the nationality of its father, if the letter is a Belgian national or the national of a country under whose laws legitimized children are given the nationality of thei:* father/ (E/2l6\ Annex) 2«, Burma,; Section 5 of the Tfcdon Citizenship Act, 1!&8, annexed to the reply of Burma, contains th

~~wedlock."-^ (E/2l6VAdd.lOr Annex IV)~~

~~3- Finland; "The lav on Nationality of 9 toy 19*H (Wo# 325/to) contains the follovring provisions for tho avoidance of new cases of statelessness:~~

~~H (c) paragraph 3 item 2, If husband and wife hava a child born before their marriage, it also becomes citizen of Finland if it ie unmarried and under 21 years of age, * " (E/2l6tyAid,8, p.2)~~

klt Norway; Sections 2 ani 7 (k) of the Norwegijan Nabionality Act of 8 December 1950, annexed to the reply of Norway, read is follows: "Section 2. "If a Norwegian man and an alien woman have a child together prior

~~to their uiarriage> the chili acquires Nor^Tegian nation ill ty when they marry, provided it is unmarried and under 18 years of ige." "Section 7 1tNorvagian nationality is 3Lost by:~~

~~• •'&••• O~~

~~1/ For the provisions in Section 5 of the Union Citizenship Act, 19^, Bee piLragraph 75 above,~~

~~lnW. An E/2230 A/CN.V56 Page 116~~

' "k. An unmarried child under 18 years of age tho acquires the nationality of another country as a result of "the parents marrying each other. However, if the child resides in "this country, it does not loBe its Norwegian nationality unless it leaves the country before reaching the age of 18 and at that time possesses the nationality of another country/ (E/2l6fc/Adà.l, Annex) 5* SHÜ!aí?£: Arelóles 2 and 7 (k) uf the Swedish Citizenship Act of 22 June 195°^ annexed to the second reply of Sweden, ..TÍÍÍ as follows: "Article^ 2 "When a Swedish man .osarles an alien woman and they have had a child previously to their marriage, such child shall become a Swedish citizen, provided that it bo unmarried and has not yet attain9d the age of eighteen years, "Article 7 "Swedish nationality p?.iall be lost by

&•••»••• n km An unioarried child under the age of eightesn years who becomes a foreign national by reason of the marriage of its parents; yet if such ch!3.d is domiciled in Sweden, loss of .S"radish citizenship Bhall only follow if the child Ieave3 Sweden before attaining the age of eighteen years: and at that time has reta:Lned its foreign citizenohip,'1' (3/23.6tyAdcl.l6, Annex) 6» pnlt9d_Kj,iffidom and Colonies: Section 23 of the British nationality Act, 19^8, annexed to the second reply of the TJhited Kingdom, reads as follows : ' "23 - (l) A person born out of wedlock and legitimated by the subsequent marriage of his parents shall, as from the date of the aarriags» or of the ccmsncement of this Act, whichever

is l€itar; ba treated, for the purpose of c.eten&lning whether he la a citizen of the Iftiited Kingdom and Colonies, or -VTSS a British subject immediately before the commencement of this Act^ 3.3 if he had been born legitimate. "(2) A rerson Eihall be deomed for the purpose of this soction to have boon legitlocted by the subs9Q.uen"i. marriage of his parents if by the lav of the piece in which his father vas E/2230 A/CN.V56 Pa-e 117

~~domiciled at the t:lme of the marriage the marriage operated immediately or subsequently to legitimate him and not otherwise," (E/2l6VAdd,5, Annex V)~~

SECTION III: Adoption 82. It appears from the replies of the governments of the following countries that the nationality of a child ms,y be affected by adoption. However, the replies refer only to acquisition of the country's nationality through adoption, and not to loss of nationality. 1. Burma? Section 2 of the Union Citizenship Act, 19^8, annexed to the reply of Burma reads, in part, as follows:

~~"2* I11 this Act; unless the context otherwise requires, the expression:~~

"'child* includes a legally adopted child." The part of the reply of Burma (E/2l6VAdd.lO, Anne:c k) concerning 1/ acquisition of nationality at birthf^ should, therefore, be read in the light of this definition, 2. China: n ... under article 2 of the /Nationality/ !:aw /of China/, ¡an alien may likewise acquire Chinóse nationality through quasi-blood relationship, that is to say .,.. if he is adopted by a Chinese as his adopted child ... There is little likelihood, therefore¡ that the operation of this article could ever lead to statelessnecs, unless the person concerned is unwilling to acquire Chinese nationality,

(E/2l6VAddtt13, p.k) 3. Israel: ¿Under the Bill on Citizenship, submitted by the Government of Israel, in June I950, to the Knesset/ "a child adopted by an Israel citiisen permanently residing in Israel, acquires Israel citizenship as from the date of adoption (Section k (e)). The requirements as to citizenship or residence applying to ... adopters, are deemed to be fulfilled if ... cne of the two adopters complies therewith." (E/l869/Add< (E/lfi69/Adà.U, p.2) if See paragraph 75, above. A. United f, s/2.230 A/CN.V56 Page n8

**"* • ^falted Kingdom and Colonies; ^A minor child can .., acquire citizenship of the Uhlted Klngd<3tt and Colonies through adoption In tills country by such a citizen (Section 16 of the Adoption of Children Act, 1950) .n (E/2l64/Add.5)

~~yCEAPCER IV. E/2230 A/CR.k/56 Page 119~~

~~CHAPTER IV. EFFECTS OF MARRIAGE, OF CHftHGES OF NATIONALITY BY OWE OF THE SPOÜBES DURING MARRIAGE AND OF THE DISSOLUTION OF MA.KRIAGE ON NATIONALITY~~

83» The present Chapter is based on such information^ pertaining to the question of the effects of marriage, of changes of nationality by one of the spouses during carriage and of the dissolution of marriage, as is contained in the replies of governments pursuant to resolutions 319 B iii (XI! and 352 (XII) of the îîconomio and Social Councilc In most casen the infomation relates to the effects of marriage,, of changos of nationality during mariage and of the dissolution of marriage on the nationality of the wife. Howover, in certain cases, the information concerns aliso the effects of these evonts on the nationality of the husband,-/ 2/ SECTION" I: Effects of marriage on the nationality^of the spouses^ £&. StatelesBness occurs for a wcanan who marries an alien if, according to the nationality law of the country of which she is a national, she loses the country's nationality and, according to the nationality law cf the country of which her husband is a national, ehe does not acquire that country's nationality. In order to ascertain whether stateleesness may occur as a result of marriage, it is therefore necessary to examine the nationality law of each country from two different points of view:

1/ Thé question of the effects of marriage, of changes of nationality .during marriage and of the dissolution of marriage on the nationality of married women has been examined in a previous report prepared by the Secretary- ' General on the request of the Commission on the Status oí* Women (see paritgraph 11 of the Introduction),, In Part I of the report on "Nationality . of Married Women" is to "be f o¡jnd a detailed comparative .analysis of conflicts of laws, which may in certain cases lead, to sbatelessness, as well as the classification of the existing legal systems according to the effects of marriage, of changos of nationality during marriage and of the dissolution of marriage on the nationality of married wonen. In Part H of the report on "Nationality of Married Women" are reproduced extracts from constitutions, laws and other legal instruments relating to the matter which wsre in force in 60 countries at the time when the report was concluded» if For reasons explained in para^praph 83 above, the question of the effect of marriage on nationality is exeunined primarily from the point of view of the wife, /(i) the effect E/2230 A/CN M 56 Page 120

(i) the effect of marriago of a wcaian who Is a national of the country to an alien on h9r rationality, (i:t) the effect of marria.3? of a woenrtn who is an alien to a national of the cîountry on her nationality,,

~~I. Application of the rationality law to a woman wh? is a national jofwthe^cou;itry^ and^ marries an alien~~

or a A n Ç^^^î^o^Jiataloai^vess^jiogf^ not occur ^ . 'Jtanan who is a "" ^^^^^^o^l^^^^v^^yr^^'^^ marries an al Lien 85. The replies of tbô governments of the following oountr:Les contain Btatemonts to the effect that marriage doss not affect the nationality of a vanan vho is a national of the country?

1,, Burruas Booties 10 of *:hf; U.-iion 0'ti.aonehip Act, '.SkE>f annexed to the raply of Burma, reads, ±ntey alí.a¿-as follows: rt 10« .co c- marri©'! WQCWJQ shall be capable of #tc divesting herself of citizenship of the Union in all respects as if she were feme sole;

~~and no TOQ3H shall .3'8," lose stich citizenship by DKxriage."~~

(iï/21&/AfàJ.Qf Annex 17) • 2. 52H2ârZ: "Article 12 of the Constitution eljüninai,es the possibility of statelessness in the c&r.e of an Ecuadorean voman who marries an alien. The article states: l!Iîr-:.their matrimony i».or its dissolution affects the nationality of husband or wife. Consequently as long es an Ecuadorean woman who :raarries an alien doe.6: not express a desire tc acquire her n Iruaband's nationality, she remains Ecuadorean. (E/2l6h/Aà6Ltk9 p,2)

3. Norway s " ,„ o a voman who is a Norwegian natlonaJ in no circumstances loses her Norwegian nationality by reason of her marriage to an alien."-' (E/2l6tyAdda, p.,2) î: km Poland s Tbe most characteristic expression of the spread of progress represented by the new Polish law is shorai in the full 9stablishment of the principia of equality of the ssxeo^

l/ For conditions under tóích a vcra^-n, who has lost her No:?weglan nationali'ty under pis?:lcü3 legi.Pla.tion f :?r reap on of marrying an alien, may reacquire No3?wegian natiop-s-lity, eco paragraph k2 above.

~~/"In the light of E/223Ü A/CN.V56 Page 121~~

~~"in the light of the old. regulations the dependency of women on men and the inferior position of vomen concerning the decision about~~

~~.. their citizenship ,9m vas fully expressed.~~

"The new law, however; J3olves this question accord:.ng to the principle of equality of sexes. Consequently, article 5 states - (a) the marriage / .by a Polish citizen to a non-Polish citizen does not re£ult in a change of citizenship of both ... The application of this general provision gives the following effect. ... Tho Polish wi£e does rot lose her citizenship in the case of marriage to a foreigner, even if her husband's country's legislation automatically offers her his citizenship*" . (E/2l64/Add.7, PP.2-3) 5. Sweden s "It must , *, be pointed out that Swedish women who marry aliims do not thereby lose thsir Swedish nationality." ¡E/1869/Add.9, P«2l) 6, United Kingdom and Colonies: "(ifader the British Nationality Act, 19^i) a woman no longer loses her United Kingdom citizenship when she marries an alien, whether or not she acquires her husband's nationality,"-'

(E/2164/Add#5) 1 > Uruguay: "An Uruguayan woman does not lose her nationality by laarrying a foreigner or a stateless person." (E/2l64/Adc..ll, p.2) 86. The reply of the government of one country contains a statement to the effect that, under the proposed Bill on Citizenship, the nationality of both spouses ta not affected by marriage to an alien, but that they have a right to opt out of the country's nationality, provided a foreign nationality has been acquired: Israel; (Under the proposed Bill on Citizenship) "Israel citizenship Is lost In the folio-wing cases:

~~• « » e ; •> "(b) By acquisition of a foreign nationality and opting out of Israel citizenship (Section 11). "•...• " (E/1869/Add/JL, p,3)~~

¿/ For conditions under which a wcsnan, who has lost British nationality under previous legislation for reason of marrying an alien, reacquires citizenship of the United Kingdom and Colories, see paragraph hi above .

~~/87, The replies E/2230 A/CN.V56' Pag© 12¡2'~~

87. Th»3 replies of ths governments of the following countrise contain a statement to the» effect that a vanan loees the country's nationality upon marriage to an alien, l*ut only If she acquires hor husband's nationality: 1, -.Belgium?. Article'18 of the Coordinated Nationality Act of

~~1^ December 3-932; airóexed to the second reply of Belgiua, reads, in part, as follovs: , .~~

~~•*• "Article 18fc The following persons lose Belgian nationality:~~

« r • » s o o j "2. A wamn marrying a foreigner of a specified nationality, if shs aoçuire3 the nationality of her husband undsr the foreign law, î: «««..ooe" (S/216^ Annex) 2, CDecaoelov&kiaj "A vom3n who is a Czechoslovak citizen loses her . citizenenip "by RÇirrieiçs to "a xcT-r^^ier^ provided that s tie acquires her hui3bazid?s• citizenship In accDi-dance with the law of his country." (E/2l6it/Add,12, p.2)

• ". 3#- Switzerland: " e,,, Stri3s hettlonality cannot be lcot Tin3ess a foreign natiO2iality is held or aoq/di^ed, Thia appliôB in all c&sen, including v ... marriage"00# (E/l869/Addv10, pcl) 88. 2ho replies-of the goveiTno.ont3 of tha following countriss ooatain a . statement to the effect that statsleesness dees not occur fer a wct?ian rho.is . a national of the country when she marries an aliens 1; ' Demark: "Eoth the new (nationality) Act (of 27 May I95O) and the Act of 1925 exclude the possibilities that a Danish was an may "become ft BtateleBs by marrying a foroígner e#9 (E/l869/Addc3-8, pP3) r 2e New Z.^.landt Under th© Few Zealand legislation etateleesnegs cannot

arise as a rooult cf marriage io9" {E/2l6h/kù.n.y,3, p.5l) 89* Mention should. furtb.er bs ma^.o of tb.e replies of the gcvsmaioRtfl of the followj.:ag-countries which contain a e-i^temont of a goneral rature that átateleBsr».o3P iaay not result rram the operation of tcisir nationality lavs;

~~l0 Ceylon s Se 3 paragraph 6k a"b6ve,'~~

2# Iro.lA'ndt S00 paragraph 67 above* 90, Mention ohould G.1S;J be r?.a<3n of the replies of the governments of the following countries -which"list the oases whore st5Ltel963nes£ may result frcea the operation of tbeir nationality laiis and do nob mention the case of a wan»*1 ^dio marries and olisn; /I. Australias E/2230 A/CNA/56 Page 123

~~1. Au^jaia: See document E/2l6k/kà&a20a 2. Union of South Áfricas £ee document 3/2l6VAdd.9.~~

~~3. United Stateo of America: See document Jü/l869/Add.22e lf SeQ » .ïuSSSiâZÎS* ¿ocument E/2l6VAdd.l8#~~

~~S • ^.?^-l^^^?—^J^tjQj^sanaas._roay_po_qur for a woman who is a national of ^JgLJ?Pffl§'X yfien.,°ha J^a,r^e3^'ôS alien " ~~~

91. The reply of th.3 government of one country contains a statement to the effect that in a few instances stateles«ness may occur for a tornan vio is a national of the country when she marrief? an alien: Chinas" "Article 10„ A Chinese shall :.oae his or her nationality if !1. Upon narriagB to an alien she has applied for permission to renounce her Chínese nationality and has been granted such permission by the

~~Ministry of tha Interior 8 If ;~~

r "An analysis of the-text of 'ths abovs^nentioned provisions of the nationality Ifiv of tlio Eoputlic of Cl '*.:ia governing Iocs cf Chinese nationality shows that the loas of Chlnoae nationality through the operation cf the various aub-psragrapha of article 10 of this lav would eeld

on marriage with an alien but ioea not; undor the natichal. 3GW of her huebîind, acq.uiro tho nationality of the latter, Kover the less,, such inst?mce3 are few and far "between." (S/2l6^/Add.l3, PP«^-5)

~~"" **"" and. 1^¿-^1^}L¿^^3^SÍ2irrill-^^l-5 ^HBSS''~~

J&OLÍI?ÍLJSitóE 5ïï£ Sfiüíriofl^^ ^j^ro^l3£FjSe_joou afrgr 92, The ]?eplies of the governments of the following countries contain a statement to the effect that the alien vaman acquires automatically the Country's nationality when she marries a national of the country. In one of : the countrios "the VO^P.TÎ is oritlti.ed to rer.^'w0 tho rou^try 'j p.atic.nality, P^ovided^ hoiTevor, that she retains or recovers hor Eatiorja3.ity:

~~/le Belgium: E/2230 A/OH .4/56 Page 124~~

1, Belgium; Article k of the Consolida tod National ity Act of }h December 1932, annexed to the reply of Belgium, re ads, inter .alia, as follows: "Article 4. A foreign woman vho marries a Belgian national, „,, acquires the nationality of her husband, However, she may renounce Belgian nationality bj means of a declaration nade in the form prescribed in article 22, during.the six loonths subsequent to the date of marriage or to the date on -which her husband acquired Belgian nationality, provided that s tie can prove that «he possesses foreign nationality or that she recovers it upon making the declaration.'"^ fl •" (E/21&, Annas) 2. Iran; "The following are considered to be Iranian citizens: tt 11 (e) Foreign-born vivas of Iranian citizens." (:5/2l6tyAddo21, p¿) 93. 3!he reply of the government of one country con ta ins a statement to the effect that, under the proposed Bill on Citizenship, each af the spouses who Is an alien acquires the country1 B nationality when he marries a national of the country, the alien spouse hi*s, however, a right to opt out of the country's nationality, provided his or her nationality is maintained; 3- SlESSi* (Under the Bill on Citizenship, submitted by the Government of Israel to the Knesset), "Israel citizenship is acquired by marriage If on9 of the spouses, whether husband or wife, is an Israel citizen; a light to opt out of Israel citizenship is given to a upouee who maintains his or her foreign nationality and by express declaration renounces Israel citizenship." (E/U36*9/Add.ll, p.3)

Ba Qra3esL .vherei statelesansHS may occur for a woman wo Lls_ an alien and marriee a national of the country 94. Ihe replies of the governnumts of the following oountries contain a statement to the effect that thi* alien woman does not acqu:.re the nationality of the country when she marries a national of the country: l/ Under Article 12 of the same Law the ai;.«n voman vho T «arries a Belgian national may also obtain final naturalization after having habitually resided in the country for not less than ten years (instead of fifteen years). /!• iSsêSâ5 E/2230 A/ON .V 56 Page 125

1* Poland-¿ n ••• Article 5 (of the Polish lav concerning citizenship of 8 January 1951) states ..4 the marriage by a Polish citizen to a non- Polish c it i ¡sen does not result in a change of the oitizeiship of "both ... Oie application of this general provision gives the foil swing effect. The wifo with a foreign citizenship does not receive a Polis 1 citizenship because of marriage with a Polish citizen ,„." (E/2l6*yAdd.7, pp*2-3) 2 • Uruguay : "Uruguayan nationality cannot "be acquired b ^ marriage. "Hence an alien woman vho, in accordance with the law or her uvu country acquires her husband's nationality and loses hsr own nationality at

marriage, will be stateless i;f she marries an Uruguayan/ (E/2l64/Add#ll, p. a) 95i The replies of the government» of the following countries, where the alien vanan does not acquire the country1's nationality ;;pon raarriago with a national, ocntaln fli tatémente to the effect that she nay acquire the country*s nationality dither by privileged procedure, or by naturalization with a waiver of all-or of certain aitatutory requirements. In some of the countries sim:Llar facilities for acquiring the county1 B nationality are also provided for the alien husband of the wcroan who is a national!-' i/ In Belgium and in Iran, where the alien woman acquires the country's nationality when shënuarries et national of the country (nee paragraph 92)f facilities are offered to the alien husband, under certain conditions, for the acquisition of the wife's nationality; "Article 12 •«„ This period (of habitaal residence for not less than : fifteen years required for final naturalization) ,» , is reduced to ten years in the case of an clien who is married to a woman of Belgian nationality by birth or is the widower or divorced husband of a woman of Belgian nationality by birth by whom he has had one or more children ..,"

**• ë!Êi&^} "Article 1:> ,t0 This period (of habitual residence for not "less than ten years required for ordinary naturalization), however, is reduced to five years in the case of an alien who Is married to a woman of Belgisoi nationality -by birth, by whom he he.s had one or more children," (S/216^, Annex) 2, IX^ÜJÍ. "The Iranian Cabinet may confer nationality on the following withoutTregard to t>.3 ,„,. condition» (for nat.'rrslifteticn): n5. Foreigpa born husband of Iran wives after tie birth of a child In Iran," (E/2l61|-/Add,21, p,2)

~~/lo Australia; E/2230 A/CN.Jt/56 Page 126~~

il. AusjffiJLla,: "Special facilities ?-re •.. accorded to an alien woman who is the wife or widow of an Australian citíEsn, tíb.9 may "os granted a certificate (of naturalization) if ahe hoe resided in Australia, New Guinea or Nauru for not less than one year", (S/2l6VAdd.2O,. p,2) '-• Burroa; "Section 11 (i) ar.d (2) of the union Citizenship Act, I9U8 liroTides that any alien woman vho is carried to a c it i sen of the Union ioay aftsr continuous residence in the Union for at leist 01.1e year apply for a certificate of citizenship and a certificate of citizenship may l)e granted to har on her undertaking to renounce her Foreign national statua". (E/2l6VAdd.lO, p.If) 3* China: n . .0 an alien voxuon who ia laarried to a Chineso husband could aleo acquire Chinese nationality* There is lit lie likelihood, therefore, tha^ the cpsration of this article could e'rer lead to Eitatelosenass, unless the parson concerned is unwilling to acquire Chin-oso nationality". (E/:216\/Add.l3, P*^) i» 2®Z?£ES " •'• P«^son¡3 of ths following categórica aro eligible to \>e grant id cititenship (cy regiütration). tT(i) Persons oyer 21 years of age who ara xnarriod to.citizens of Ceylon, 11 -..»....*•*..•." (]S/2l6»l-/Add.2x p.2) 1 5 ' IPÍS^SL1 Article 6 o:r the Haturali nation Begula^ions, annexed to the reply of Ecuador, read» as follows: "Article 6, An alien voseen who is Married to an Ecuadorian citizen can acquire her husband's nationality, either by a declaration maào at the tine of her marriage to the affect that she adepts Sçuadorean nationality cná. i^nouncss her preTiüus nationality, o:.1 at any time after her marriage by mesas of a-i application addrssesd to the Minister for Foreign Affairs vho shall *.ake tits appropriata decisicno1' (E/216^/Ada.lt, Aansz III)» 6. France: "... betvsen 1927 and 19^5» a Sviiss voajan carrying a Frenchman vas required by î;r©nch Isxr to sign a declastîtioa before she could bocoas a ¿Yench rational.» 3ott?ean the33 two dates any Sviss voeuafl vho failed, through bsiDg ill infornoà, -co sign tais a&oiísration did not become a French nationeJ. and lost her Svisa nationality. I-egiElation

~~/was ro^uired E/2230 A/CR.V56 Page 127~~

vas required to enable such persona to escape from the stutus of 8tat(»leS8neaa (in Erance the Ast of 22 May 19^9 and the Ordinance of 6 January 19^5)"• (E/2l6fc/Add.l9, p.6) Î" Japan* "A waiver of the fire «year domiciliary requirrements (for naturalization) if the alien i3 domiciled in Japan and: "a. Is the husband of a Japanese national and has had a domicile or residence in Japan consecutively for three years or more;

11 A waiver of the conditional as to domicile, age and capacity, and property requirements may be granted if the applicant is; "a. The wife of a Japanese national; ... .„ " (E/1869/Add.3, P.2) 8. Pakistan: Section 10 of the Pakistan Citizenship Ac;, 1951? annexed to the reply of Pakistan, read¡3 as follows: "Married women "10. (1) Any woman who by reason of her marriage to a Commonwealth citizen befare the first day of January, 19^9, has acquired the status of a Commonwealth citizen shall, if her husband becomes a citizen of Pakistan, be a citizen of Pakistan. (2) Subject to the provisions of sub-section (l) and sub-sootion (2) a woman who has been married to a citizen of Pak:.stan under Section 3X k,^ or 5»/ ahall be entitled, on making application therefor to the Central Government in the prescribed manner, and, if sho is an alien,-* on obtaining a certificate of c.omicile and taking the oath of allegiïince in the form set out in the Schedule to this Act, to be registered as a citizen of Pakistan whether or not she h*s completed twenty-one ysers of her ago £nc. i o of full capacity.

i/ Section 3 deals with citizenship at the date of commencemert of the Act. V Section k deals with citizenship by birth. if Section 5 deals with citizenship by dsacsr.t. V "in this Act - "alien msans a person who Is not a citizen cf Pekistan or a Commonwealth citizen1'. (Pakistan Citizenship Act, 1951, Section 1).

~~(3) Subject E/2230 k/CR.k/56 Page 128~~

(3) Súbase* an e.fors?-?:.o, -?. vorn&ïi who has boon married to a person who, "but for his ¿eatli, could have been a citizen of Pakistan under the provinieras oí' QVLb-sectî.oxi (l) of auction- 6rt/ (vhetber he migrated as provided in that sv.b-oestion or is doeiBOd undor tn© proviso to section 7"' to fcavs so migrated) shall "be entitle il 5.3 provided in sub-section'(2) subject further, if e'.ie is tn alioné, to her obtaining th© oertifije.te and tailing the oath therein mentioned. (M A person who has ceasec to bo a. citizen of Pakistan uztdor section Ik or ^ho he,s been deprived of citizenship of Pakistan under this Act shall not be entitled-to be registered r.s a citizen thereof under this section but mav.be so registered•with the previous consent of the Central Government. " - (E/2l6*t/Add.6, 'Anne3) " 9* ?[PX22îrî "r^-sp^^^lon froiD ... conditions /for rati;raliz.aticnJT may ... be grcated when special considerations- œaks i:: reasonable to do so. The Act uontions, intsr^jalia, the on se of an applicant vho is iDarried to a Korwsgion national and j.ires vith. the spcucs"^ .(:E/2l6i»/Addel, pv3). . '• " Section 6 (2)' of the îïor>?3c,iaa Iîation3.1ity Act of 8 Dcoe^er 1950, annexed to the reply oí' îîorvay, re se1 s, in part, as follows: '' ... an applicant who is married to a .îîyrv?îgia-£i natior¿al a¿r¿d 13Tea 'with the 'spoueo :vj bo gran.ted nationaj.ity 07©n t.£ovgb he dors-sot, i^alfil »".. the conditions /in aub-ssctioïi !/• ,(S?¿¿; Annex). , : l „ • 10-» ' Swcideiit

¿/ Section 6 deals i;ibh Cititorchip by s.i^citicci. •• 2/ Section 7 doa.^ vitl: rírk-:ov-í n¡1 gating iVoa the tprrit.crr'os of Pe-icietan. ¿/ See foot ncte (h) acove. ¡I* , Uai ted lOngdpjQ E/2230 A/CK.U/56 Page 129

H, United Kingdom and Colonies: "Registration, a simpler method than naturalization, is open only to certain women and children. Under Section 6 (2) of the'British Nationality Act, í$k&, the alien w:.fe "of a citizen of the united Kingdom and Colonies (this term includes'a citizen of thé United Kingdom and Colonies by naturalization) has the ;*ight to te registered herself as such a citizen"'.'' (E/2l6VAdd.5).

Section 6 (2) of the British Nationality Act, 19^8, annexed to the second reply of the United KLngdom, reads as follows:* "(2) Subject to the provisions of sub-section (3.)-' of this section, a woman who has "been married to a citizen of the United Kingdom and Colonies shall be entitled, on making implication therefor to the Secretary of State in the prescribed manner, and, if she is a British protected person or an alien,, an taking an oath of allegiance in the form specified in the First S:hedule to this Act, to be registered as a citizen of the United Kingdom, and Colonies, whether or not she is of full age and capacity" (Ibid, Annex I). ^* Yugoslavia: "Article 35, para. 2, of the Law on Citizenship, of ,t.he

Federal People's Republic of Yugoslavia: . , - ;-w. »• "A woman, who being a foreign citizen, marries a citizen of the Federal People's Republic of Yugoslavia, after 6 April 19^1, shall not acquire the citizenship of the Federal feople!s Republic of Yugoslavia by marriage, but she may acquire, it by naturalization, pursuant to Article 9, para. 2 of this Law, "in the desire to prevent statelessness of svch persons, the Yugoslav legislation provides all possible facilities for their acquiring Yugoslav, citizenship "by naturalization. To that effect, they have only to file an application and must ha\e reached 18 years of age, irrespective of sex". (E/2l6VAdd.l8, p.^ ).

1/ Subsection (3) of section 6 reads as follows: "(3) A person who ¿as renouncod, or has been deprived of, citizenship of the United Kingdom ¡and Colonias, under this Act shall not be entitled to be re&isterad as a citizen thereof under this section, but may be so registered with the approval of the Secretary of State/1 (ibid).

~~/96. The reply E/2230 . . A/CIï.4/56 Page 130~~

96. The reply of the government of one country containa a statement to the effect that a particular category of alien women married to nationale, of. the country are not entitled to acquire the country's nationality by privileged procedure, and unless recognized as citizens or nationals oí another State, may become stateless• Union of South, Africa; "ciroumstances under which statelessness can result froiD legislation in the Union of South Africa arise from the •••• failure-of persons to comply with the minimum •requirements for the acquisition ••• of South African citizenship* Clauses of the South African Citizenship Act, 19^9 > under which persons may become stateless • are ....

-Article 14 (2) ' l "Women classified under this article, and unable t£> comply with its requirement, are stateless unless recognized'as citizens or nationals of another State."& (B/2l6^/Add.9/^.l)* '

1/ Article Ik of the South African Citizenship Act, 19U9, r'sads as follows; nlk (1) A woman who - ' ; ' "(a) in consequence of her marriage to a person who vas a British subject by virtue of his naturalization in the Union or a Union national, wae immediately prior to :he date of the commencement of this Act, a British aubjeot or, as the case may be, a Union national; or . . "(b) is in terms of section thirteen deemed to have been, immediately prior to the date of oommencenent of this Act, a British subjoct or a Union national; and "(c) is not by virtue of the provisions of sections two or five a South African citizen by birth or descent, shall be a South African citizen under this section and shall for the purposes of this Act be deemed to be a South African citizen by registration: Provided that if she originally acquired Union or British nationality in consequence of or by naturalization, or if; as the case may be, her husband was a British subject by virtue of his naturalization in the Union, she shall for the purposaa of this Act be deemed to be a South African citizen by naturalization. (2) The provisions of sub-section (l) shall not apily to a tornan vho has not, at any time prior to the date of commencement of this Act,fj been lawfully admitted to the Union for permanent residence therein • (See Statutes of the Union of South Africa 191*9, published by AuthorWi Capetown 191*9, pp. ^32 & 1*3*0. /Sectionj£: E/2230 A/OT.V56 Page 131

~~Section U; Effects of changes of nationality dm'Ing marriage on the nationality^1 the other spouses~~

97 # If the husband loses his nationality^ dur ing marriage zaà., according to tho law of the country of vhich both of them -were national*, the vife also loses the country's nationality, statelessness may occur for her, unless she is abls to acquire her husband's new nationality^ A. Cases vhere statelessness does not occur for a we man whose husband lose» the comitrVs' nationality' ————— 98» The replies of the governments of the following countries contain statements to the off act that th3 wife does not lose the country's nationality vhfln her husband loses his nationality: 1,. Burma: Section 10 of the Union Citizenship Act, L948, annexed to the reply of Burma, reads. In part, as follow: "10. Sub joe t to the provisions of this Act, a ma cried vanan shall be capable of ,«. diverting: herself of citizenship of the Union in w all respects as if she were feme sole: ##. (E/2:L6^/Add.lO, Annex XV) 2, Çgechoslovakia; "Loss of citizenship of one spouue does not affect M the citizenship of tho second spouse #t# (2/2l6^/Add ,12, p«2) 3« Poland: "The change oí' citizonship either by husband or wife does not result in the change of citizenship of the other/ (E/2l6U/Add.7, p.3) 99» Thd reply of the government of one country contains a titatement to the effect that the loss of the country's nationality by.a married woman when her husband voluntarily acquires another nationality is conditioned by the acquisition by her of her husband's' new nationality.. 27/ BelLfiium:-» Article 18 of thé Consolidated Nationality A.ct of 1^ December 1932, annexed to the reply of Bolgium, reads, in part, as f oILlows : "Article l8« The following persons lose Belgian nationality:

2J Foi1 facilities granted to th¡3 spouse of a person, who his acquired the nationality of a country, for acquiring the country's nationality, see paragraphs 50 to 52 above,, 3/ Por the case of tho Belgian i/onan whose husband is deprived of Belgian nationality see paragraph 106 below* /" 3 • A woman E/2230 A/CN.V56 Page 132

."3. A vanan vhose husband voluntarily acquires foreign nationality if tho nationality qf the husband is conferred upsn her under the foreign law. However, a Belgian woman, unless she acquire 1 Belgian nationality . only !>y marriage, may, in these two cases, retain her Belgian nationality if, within six months of the date of marriage or the date upon which the husband changed nationality, ahe maíces a declaration in conformity with article 22," (E/ëlA, Annex) 100, The reply of the government of one country contains a general statement to the effect that the country's nationality cannot be lost unLess another nationality is hold or acquired: Switzerland: See paragraph 6k above • 101. The reply of tho government of one country contains a statement to the effect that the nationality rulei3 of the country provide for solution of cases of staiséleseneea arising, namely, out of a change in the hu3band*s nationality after marriage,, :Èi!Î£â2£: ^y government considers that our nationality rules •«, provide a solution for most oases of statelessness due to politico- social* or legal causes, such as .,, change in the husband1 s nationality aftor marriage ..." (E/l86

~~^" Ney Zealand (seo documont E/2l6VAdcU3) 5*- 22£22Z (see ¿Loownsnt E/ 216^/Addl .1) 6« Pakistan (see documont E/2l64/Add,6) 7« S ve den (see documont E/l869/Add.9)~~

~~8# Turkey (seo document E/2l6VAdd.l5) 9* tfaion of South Africa (see document E/2l6VAdd«9) 10• tJhited Kingdom and. Colonies (se©, document ïï/2l6k/Aàâ..5)~~

^•» United States of America, (soe document E/l869/AdxLf12) 12, Yugoslavia (see document E/2l6tyAdd.l8} 104,, Tho replios of DenaarlCj Norway -'.and Sweden contain also 1 statement to the effect -that thoir legislation Is In oünformity with the provisions of the Convention on certain g/uostions ralatjjig to the conflict of mtionality laws, signed at The Hague, 12 April 1930 (see documents E/l869/Add.l8, E/l869/Add,7 and %/2l£h/kiAJ., rospectively). 105* It should finally be noted tliat the reply of the goverraaent of, one country, contains! a general statement to the effect that statolessness may not arise act the nationality of the country cannot "be lost: . . Uruffitay: Seo paragraph 65 above. s • Case vhere¡ statelessnegs; may ocour for a woman -whoiie husband loses the country * s" nationaTily 106, The reply of the government of one country contains a si&tement to the effect that a married voman., whose huslband is deprived of tho country's nationality, is ontltled to renour.ee vi^luntcirily the country's nationalitys Belgium; Article 1.8 bis and 18 qLiyter^ of the Consolidated Nationality Act pf .14 December. 1932^ .as amended., annexed to the repjy of.Belgium, reals, in pari, as; follows: . ; .•

~~• « • <* 0 c 0~~

¡J It ifill be noted that tho provisions quoted in the text above do nôt mal» the .renunciation of nationality by tho married woman depandent upon the posisession or acquisition of a foreign nationality» For the case of the Belgian -woman who loses Belgian nationality when her hus'aand acquires a foreign nationality see paragraph 101 above.

~~/"Paragraph 8, E/2230 A/CN.V56 Page 13fc~~

~~"Paragraph 8, Tho vi fe #.« of a Belgian national deprived of nationality may renoiwbe Belgian nationality within six months of the date of registration of the ¿judgnent of deprivation»~~

~~"Article l6 quater "Paragraphs 8 and 9 of article 18 bis shall apply in oases of deprivation of natiorality in pursuance of article 18 ter," (E/216>-:., -....;•:::~~

SECTION III: Effects cf ddœsolution of marriage en nationality 1C)7. Statelessness would occur for a woman, who has acquirsd the nationality —^*^~55untry, "by marry ing a national of tho country, if shs were deprived of that ¡nationality upon the dissolution of marriage and wouli not reacqujre the nationality of her country cf origin. In order to ascertain whether statelessness may occur as a result of the dissolution of narriage it is therefore necessary to examine the nationality law of each country from two different points of view: (i) the effect of dissolution of marriage on tho nationality of the woman who has acquired tho nationality of the country by marrying a national of the country¿, and (:Li) the effoct of marriage of a woman who,was a national of the .' . country and has lost that nationality by marrying an alion.

~~•£• Application of tho nationality law to a woman who iaas acquired the p^uniSyy1 9 nationality ""by mgirrying a national of t! íe country~~

~~Cases vHero gtatelesspsss cennot ocenrj upcai df.gs<)ltrtlon óf marriage, for a woman who has acquired the country^Hiàtionality by'marryin^ja. natjTonal of -¿ie country~~

r 1C8# JJhe replies of the governments of the following count]'ies contain a Btatenent to the effect that tho dissolution of marriage does not affect the nationality of the wife: •j—L^-«-..-Hf--. Bumia: Section 10 of the Union Citizenship Act, 19^8, annexed to idie roply of Burma, reads, in part, as follows: "10, Subject to the provisions of this Act a mairied woman, shall

~~be capable of oa. divosting herself of citizenship of the Union in all respecte as if she were feme sole; .«,." (E/2164/Add.lO, Annex Tí) /2. Ecuador? *S3 T<3 E/2230 A/CNA/56 î&ge 135~~

'-• jgcu^oy; "Article 12 of ihe Constitution ... states: 'Neitber matrimony nor its dissolution affects the nationality of huefcand -or wife.*11 (E/2l6VAda>, p,:2) 1C9* '^3x0 reply of the government of one State contain© a goneral statement to . the'effect that this country applies the principle of equaMty of sexes: Poland; See paragraph 66 above. 110. Q!he reply of the govemmanv of one country centaine a statement to the * effect that an alien woman who lias acquired the country1 s nationality by marrying a national may renounce)'that nationality after'the dissolution of marriage, however only if she either holds or reactiuires a foreign nationality* Belgium: Article if of the Consolidated Nationality Ac t of Ik December 1932,

~~annexed to the reply of Bolgium, reads, inter aliaf as follows:~~

~~"Article ki A foreign woman who marries a Belgian national ### acquires the nationalj.ty of her husband»~~

"She may at any time (provided that she can prove that she posses seo foreign nationality, c governments of the following countries contain a general statement to the effect that state le asnees is not created bjr the operation of the country* s :iG.t1oiia..lî-by law; 1. Ceylon; See paragraph 64 above. 2. Ireland? See paragraph 67 above.

~~/ll^. It should E/S230 A/CK.V56 Pae© I36~~

11^ • It should ala o be noted that In the replie© of the governments of the following countries are listed either the oases where siateleseness ray «rise or the grounds an which the country's nationality is lott; the replies do not mention the dissolution cf marriage amongst these ceses or groundsj •*•• AJAS tralla (see document E/2l6lf/Add,10) 2. Denmark (nee document E/l86*9/Add.l8) 3, Israel (under the Bill on Citizenship) (see dccument E/1869/Add.U) eoe km Nj22£ï ( document E/i5l6^/Add.l)

5# Pakistan (see document E/2l6tyAdüd.6) ô. Sweden (see document E/2l6k/Add.l6) 7, Turkey (see document E/2îl6^/Add»15) **• Unjort of South Africa (see document E/2l6VAdd,9) 9» United Kingdom and Polonies (see document %/21$k/hà.&,5) 10 • United States of America (see document E/l869/Add#2) 11 • Yugoslavia (see dooument T&/2l6k/A

Oruguay: See paragraph 65 above# II, Application of the nationality law to a wpjnan wh< >_ has _ lost the ~" oounfay^'s nationality by marrying an a-l^^JR Il6. No reply mentions that the country1 s nationality is automatically reaoyiiyefl upon dissolution, of marriage by a woman"who has lost the country's nationality .... by marrying an alien « 117» The reply of the government of one country contains information on conditions under vhich a woman, who has lost the nationality of the country^ on marrying an alien may recovar the nationality of the country after the dissolution of marriage: Belgium;: See paragraph k2 above.

~~/118. Mention E/2230 ... A/CW.V56 m Page 137~~

~~Il8• Mention should also b© mad» of facilities offered in the following countries to former nationals in gonoral for reacq.uiring the country's nationalityj , .~~

~~la ¿Deasarkí Sas paragraph. k-2 above»~~

~~2, Ecuador's Sea paragrapi h2 above 9 3. ^J^E^' Seo paragraph k2 eibove.~~

~~kt Jajaes Ses -paragraph 4? above, 5(» 22r^árs Setí P^^agraph ^2 a,bove,~~

~~6;| Sweden s See paragraph k2 above.~~

~~7,k United Kingdom and Oolonieas See paragraph ^2 abDve.~~

~~/CHAHER V. E/2230 A/ON .ty % ïaga 138~~

~~CHA.HEER V, ÎSTOTS CF VOLUMDARY ACÜS JOTECTING- THE N&FtONAX STA.TUS OF AN OTTOBOAL ON TIÏE NATIONALITY OF OHE INDXVtDmL, • HIMSELF A3Œ CE1 HIS CHILDREN~~

SECTION I: Effects of voluntary acte affecting the aational statue of añTlndividual on his ovn rationality 119. Statelessness may occur as a reeiult of a voluntary act affecting an Individual1e nationality In two groups of cases: (l) In certain countries the acquisition of a foreign nationality t>y a national of the country is conditioned by the necessity to secure a release from the country's nationality» Should such a release beocane operative without regard to \

~~release from Danish nationality." (E/l86"9/Add.l8, p#:) /2. £22SZ: E/2230 A/CNJ+/56 Page 139~~

~~J-* Norway: "Sections 7 iind 9 of the Norwegian Nationality Act of~~

8 December 195°* annexed to the reply of Norway, read p inter alia, as follovs: "Section T "Norwegian nationality is lost by: "1. a person who acquires the nationality of another country by application or by exposes consent,

"Section 9 "A Norwegian national may upon application be released from hie Norvégien nationality by the king, or by the authority the king empowers theireto, pro^rided the applicant is a national of another

country or intends to beccnc aneo If the appliaint does not possess any foreign nationality, his release sha LI be subject to the condition that ho acquires such foreign nationality within a stipulated period of tjjnej1 (s/2l6tyAdd,l, Anne:: l) -••' £2iands "A- negative ]josition to tfas problem of utateleeeness is found in the exclusion froii the lav, the action to relieve a person of their Polish citizenship (/article 11) e The new Polis] 1 law/concerning citizenship of 8 January 19517; hove ver, introduces an a basic condition 3n the change of Polish citizenship to receive a permission for a ohange of citizenship. This permission does not autaiatically result in itoa loss of Polish citizenship. The loss of Polish citizenship to not x-ealdscd until the receipt of a foreign citizenship/ (E/2l64/Add'.7# P.2) k^ - Sweden; Articles 7 and 9 of the Swedish Citizennhip Act of £2 June I95O, annexed to the second reply of Sweden, :*ead, inter alia, as follows: "ArtioleJ "Swedish citizenship sihall be lost by: "1* any person who acquires foreign citizenship having applied for Buch citizsnship or esipresoly consented to receive the same; n

~~/"Article 9 E/22-10 A/OH «y 36 Page 140~~

"Article 9 . " • "Upon application tht> king in Council may relea*e from Swedish citizenship a person vho is or desireP to become a foreign national» If the applicant 1B not cvv?-iày a foreign national it shall be aa.de a oondition.of release that he or she shall acquire citizenship in another State within a specified limit of tune,". (%/2l6k/AàA.l6, Annex:) **• SvltaQrland: w .., Swiss nationality oainot be lost unless a , foreign nationality is held or acquired, Tala applies in all cases.

Including •», release on request or withdrawal/ (ïï/l869/Add.10# p#l) ^m y^gofllaviat MIn order to avoid the statelessnees of persons frcm citizenship, Article 19 of the ZAV on Citizenship of the Federal People's 3Republio of Yugoslavia provide/3» intôr aliar that the person concerned ¿should submit proofs that he (nhe) has been or shall be granted a forel&i (5itizenship, Besides this, it is also provided by the same article that 'the competent authority, vhen it '.seras it r»?ce3sa,ry, :nay grant release lírcm citizenship under the condition that the release! person, within a fixed term, should submit proofs that ha (sne) was granted foreigji citizenship. If not, the release has no effect ex jl^g, as "w°ll Afl i* the case where the person 30 released remins in the II'JPJR» of Yugoslavia and fails to acquire a foreign-citiseaship within the

1»rm of one yoar." (E/2l6l*./Add9l8, pp.i^-5) • 121» 2he replies of the Governments of the following count: Ties contain a fftatenient to the effect that a ¡renunciation of the country's nationality is passible only when the person concerned holds another nationality. 1. Japan: "Article 10 o:? the ffiaticwlityj .law /of Japan of k> may "iSJÛJ requjLres a Jap*mese national to liave foreign nationality before renouncing Japanese nationality, thus presenting statelessnees during the interim between renonciation and acquis it ic m of a new

nationality," (E/1869/Add (,3, P^) 2» United Kingdom and Colonies; M •«» no citizen of the TJhited Kingdom and Colonies eit-hs*- ".r-".*^ -rr in :.-?rv*-firi. to renounce that citizenship on acquiring seine other, sit.'-e^*»^^ r*» nationality,

~~/" ...Asa E/2230 A/CK.V56 Page l4l~~

n ... As a precaution against stateleesness, a citizen of the United , Kingdom and Colonies caraiot renounce this citizenship (Under Section 19 of the British Nationality Act, I$k8) unless he or uhe is of full age and already haa sane ottosr citizenship or nationality. But provided

t these two conditions are satisfied, the Secretary 03* State has no authority (except in timo of war) to refuse to register a declaration of renunciation/ (E/21<5tyAdd«5) 122,, The reply of the Goverm«*it of one country contains a statement to the effoct that, under the Billoon Citizenship of this country, a renunciation or cancellation of citizenship is possible when the individual concerned has acquired a foreign nationality: . Israel; "j/Tüfoder the Bill on Cltlzenship7 Israel citizenship is lost In the following cases: tt(a) By acquisition of a foreign nationality, "(l) If the foreigner, with the consent <«f the Minister of Interior, renounces his Israel citizen* ihip, or "(2) if the MiLnister of Interior cancels tho Israel citizenship of the foreigner, where this i.e deemed necessary ixt the interest of the State (Seotlon 10 (a))?1 (E/1869/Add.H P.3) 123», The reply of the Government of one country contains a statement to the effect that, under the country's legislation, stateless» se cannot arise, :nam€ily, through voluntary rominciatlon of oitlzenshipj New Zoaland: "Under the New Zealand legislation stE.telessnoss cannot arise ... through voluntiiry ronunclation of citizewhip.w (E/2l6^/Add.3, P.1) .

12ifo The reply of the GovernmiBVb of one country contains a statement to the effect that the country^ nationality is lost by voluntary acquisition of a foreign nationality,, Iñ ono «ase a formal renunciation «nd In another case a release are necessary, but :Ln both casos when a foreign nationality has been acquired: Belgium^ Article 18 of the Consolidated Nationality Act of 1^ December 1932, annexed to the reply of Belgium,r« ads, Inter alia, as follows:

~~1/ For the case of the shilclron of a person having been deprived of his Belgian, nationality, see paragraph 136 below. /nArtiole 18. E/2230 A/ON M 56 Page 1U2~~

"Article 18 o The following persons lose Belgian nationality* "le A por s an -who voluntarily acquires a foreign nationality. A foreign nationality simll be deemed to have been voluntarily acquired "by a person uho, a^ter automatically acquiring thftt nationality, renounces Belgian nationality by a déclaration in

conformity with article 22 o Eorover, if the perBen concerned le still liable to military servie© on the active or reserve list, tho aoixiieition of a forei^ nationality vill not entail loas of Bolgian «ationftlity oxocpt by authorisation of the k:Lng«

* ••••••o." (E/2l6fc; Annex) 12p. The replies cf the Govermaonts of tho following ocwitrioo oontain a . statement to the effect that the country* s nationality is lost vnon a foreign nationality is voluntarily acquired, vithout mentioning the necessity of renouncing fojsaally^ or of obtaining a roleaae from the oot«itryfe nationality, 1. âlgSSS Section Ik of the Union Jitiscnship Aot, 19^¿ annexed to

the reply of Biíraaf rea¿s^ :ln part, as follow» í w l4o A citiîscn ci the Union, not being undex a disability, nho obts.ina a certificate of natureliiation in a foroign State or by any voluntary or fondai act othor than marrie ge becomes natureliwl in any foreign 3te,to, ishall forthwith be deexued to have ceased to be a citizen of tía tfoionj M oco.eeoo1 (E/2l6VAdd.lO, Annox X7) 2» Eouad¡orr "Article* 15 (b) of the Conetitutiox. of tho Republio stipulates tiiat an Eorañoroan loaos his nationalily if ho beocmes naturalizod in anotar Stats» îRiie ooafirms nhat is stated above, namely, that natlonftli»;r is regarded as a voluntary link/ CE/2l6if/AddA#

~~Article 15 of the Constitution of Ecuador, ainexed to the reply of Ecuador, reads^ la peril, as follows: "Article 15 c Eou^dorean nationality is lostj~~

~~V**/ «oooooeo w n (b) by mteaV^'tlofn 5_n anothei- utatec (]^id,f Annex l)~~

~~/3. T&SS> E/2S30 A/CI A/56 Page 143~~

3« France: tt .•• A French pcrsin *&o is of age, voluntarily acquiring foreign nationality ceasos to "be a French national, except in the case of a male national undor the age of fifty (article 87 of the French Nationality Gode and article 9 of tho Decree of 1$ October l!?^5) •"

~~(E/2l6VAdd^; p.3) "~~

1261 Tho replios of ta© Governasetots of the following countries, containing a general statement to the effect that statelessneas does not result frcm the operation of tho country1 s nationality lar&f should alac bo aotods

~~1# Cpyjlon: See paragraph 6k above . . " ....~~

2# Ir&land; Soe paragraph 67 above. 127, Finally it should be ' noted that the reply of the Government of one country ocntains a statement to tho effect the.t no person can become etateloss through loee of tho country's aatianality: Uruiyiay; "Wo person cen beccsne estate less through loss of Uruguayan nationality. " - . n(l) According to Article 71 of the Constitution, Uruguayan nationality is not lost even by naturalisation ,in another country»

~~«a«*«*«« 11 ( M Uruguayan nsitionality tia,y not bo renounced J1 (E; 216^/Add.ll,~~

~~PP. 1-2} ' ••' • • .~~

6 **• Qgft .?.,J^j^4jfe^3^flS5gg, j^i^-QgiS^ fts ,a x^gult nof a V;)luntary ' eLO^^ifeo^S^^^^^^^^^l^tm'^^Qjl. 'inSlvidufll ... 128. The reply of the Government of one country contains a-otateaiónt to the affect tfoat 3tatelseeness does not ocàur "iîhen'an individual acquires another nationality^ but may occur by voluntary renunciation of the countryfs. nationality; liiitod Statas of Amoriaas "Tho 'vjayo in vhioli Amor lean nationality can be lost are set forth in soctions M-01 and kok of the Kationility Act of 19^0» uniese methods, all of •which rehuiré voluntary action by the individual, may be summarized as followBi

"l# Naturalization in a foreign. State. 112, Taking an oath of allegiai¿ao to a fcrsi&r* 3tato *

~~•••««••o~~

~~M / 6tt Formally E/2230 A/CNjt/56 Zenit Ikh~~

M6. Formally renouncing American citizenship while abroad. n "It will readily be seen that some of these methods • ••do not result in statelessness, some may:or may not BO result, and still others in most cases do ao result. For example, under (l) • ,,,

statelessnees seldom, if ever, results. Under (2) #.« etatelessneea may result, but it is usually possible foi* the in 11vidual, if he desires, to acquire the nationality of the ferelea Stats to which the oath is taken • •• If, as may sometimes be ths oase, statelessness results from (6), it is normally besause the individual M desires to be stateless t,,, (E/l869/Add,12, pp*2-3) 129. The reply of the Government of one country states that stateléssness may in some oases ocour vhen a national of the country, desiring to acquire a foreign nationality, applies for and obtains a permission to renounce thé country's nationality» Tho reply mentions aleo the restrictions provided by the lav"for obtaining of such permis© ion: China; n*Article 11, A person vho desires to acquire a foreign '^ ma-tlonality may, with the authorization of the Ministry of the Interior, renounce hie Chinese nationality, provided that he is aver twenty years o;f age and has legal capacity according to Chinese lav.1 MAn analysis of tho texts of the above-mentioned provi 3ions of the Nationality Law of the Republic of China governing the loss of Chinese 1 nationality #ft through 'voluntary acquisition of forsi^i;nationality ' might lead to statelessnêse. Still, such a situation will ..arise only when the party concerned willingly chooses to become s bate less. Moreover, the Ministry of fie Interior of the Republic of China, in • authorizing such cases of renunciation of Chinese nationality, is subject to the restrictions provided in the'/variouB suj-paragraphs.of Ajftides 12 and 13» Thus: Article 12 « The Ministry of the Interior shall :iot authorize renunciation of Chinese nationality by a person who fa Lis under one of tlie followiJig categories najaely;,

~~/'I. If having 2/2230 A/CffoV5£ Page lh$~~

'!« If having; reached the age for military service and not having been exempted from military service, he has not yet performed military service; f2. If he is actually performing military service; 13« If he is In the Chinese civil service or is serving as a . military officer. 'Article 13. A person who falls under one of the fallowing categories may not renounce his nationality even though he compiles vit-li tha provisions of Article H, namolyî fl. If he is a suspect or defendant in criminal proceedings,, f 2# If he has received s. sentence in criminal proceedings and its execution has not yet- been completed; ? 3« If he is a dofendsnt in civil proceedingsa fk. If he has been subject to measures of oompulsoxy execution the enforcement of vhich has not yet beon completed, *% If he has been declared bankrupt and has not yet been discharged. 96. If he has been in default in the payment of tajos, or if, Because of such default, he has been subject to punlîfcment the 1 execution of vhich has not yet been completed # In practice, therefore, thero is again no neod to express concern M over the occurrence of the above-mentioned situations# I30. Tltie reply of the Government of one country mentions cases where a national of the country may surrender his nationality and where» statelessness may occur as a result of such a surrender: Union of South Africa; "Clauses of the South ATrican Oitizenahip Act, 19^9> under viiich persons may become stateless are cited heroun<5.er?

••e«e«o« "Article I6 (2) "Porsons viio have lost their original nationality after being naturalized in the Union vtll beccme stateless as sooi as they make a declaration surrendering their South African citize.iship*

~~"Article 16 (3) "Any person surrendering his South African c Ltizenshlp in terms of thi£3 article 'fill become a stateless peruoa unless Jie~~

is a national of aaothor Stated (E/2l6tyAdd#9,, P.1) 131» Xt should finally be noted í;hat the reply of the Government of one country contains a statement y;o the effect that a person having acquired a foreign"nationality without haying obtained a special authority may be 5 deprived of the cotiiitry ? :m.fclor.*.?.5_t,yo Turkey: "Article 9 /of the Turkish" "Law -on NationalityJi7 « Turkish nationals who voluntarily acquire another nationality vithout obtaining

~~special authority c#ô may be denationalized-by a decIsjon of th$ Cabinet." (E/2l6tyAdd-.15')~~

~~SECTION II? Effects cf^chan^es of the ,parenta_natlonality an ISîeTiâli'ionâTi^y "oîr:EnT*cliij3ren"'' w"w-w^w-~~

A# Cases where stateleasneas doss not occur for tfaa ciildj?en a ¿^SJSSHS-^SÇ-SÈSSSÊÎL iSJSî? J^iB^iüZ ,,ÇJLJjJ -î£ jurent 132. The reply of the Government of on9 country contains a sbatement to the effect that minor children of a national who loaes the country's l/ The provision*: mentioned In the. toxt road ac follows?

M(2) A person vho beca?26 a South African citizen by reason of the issue of a certificate of registration or naturalization granted to him while h© was a minor may, at any tine within a period of twelve months after attaining the ags of twenty-one years> make a declaration in the prescribed form renouncing his South Afrioan citizenship» • "(3) A person who is a South African citizen-by virtue of the provisions of sub-.sectior. (2) of section two or sub-section (3) of section nine maj^ at a;i;y time within s, period of twelve months after the dat

~~• Kotj?: Por text/3 of the provisions mentioned in Article 16 (3) see Ibld«f pp, hlB and ^26.~~

/nationality, Ey 223Q P£ge 1^7 nationality, do not lose their nationality: Burma; "Under section 1^ of the Union Citizenship Act, l$>kQ ... lose of citizenship by the parent or parents shall not ipgo facto deprive the children, who prior to that loss^ -were citiznr.s, of their status as such," (E/2l6tyAdd.].O) 133» The reply of ths Government of one country contains a statement to the effect tha.t minor children general^' cannot lose automatically or renounce the country's nationality; w Unite cTKingdam.(and^ Cftlonij?sî ft,<, under prosenb legislation a child cannot while still a minor either lose automatically or even renounce

citizenship of the United Kinga.om and Colonies." (2/2164/Add#5) 13lf, TJtie replies of the Governments of the folloving countries contain a statement to the effect that miner children of á national^ -who acquire voluntarily a foreign ns.tiC3na7.ity, lose thr* zclyitrz-*3 ..-xitiarality ff they aoa^i^ the foreign nationality; 7. . . . • • * • •::' 1« Belgium? Article 18 of the Con3olseated Katiónl:lty'Act of ' 14 December 1932, annexed to the reply of Belgium^ reads' in part, as follows: :": "Article 18, The following persons lose Bel-gian nationality:

•ê»««OCc nk. IIOÏJL»emancipated minor children of a Belgian national' who has become an alien under the provisions of this-'artixjiô'.and'-¿ks custody of them^ if they acquire.d, foreign" nationality àt" the seme time aa their father.H (E/2l6^/Annox) - ' ' ' " "'"

~~1 e 2# SSSSS*' SQC^Í-O^-T./OÍ ^ iîorwîgian Nationality Act cf o Dece-Tiber ,1950^ annoxeâ to the reply of Nor-^y^ 'reads', In part, as~~

~~followsn ...-.:. ' v . • •••••' • '~~

~~•'Section 7 •> . * • ' " "Norwegian nationalty is lost by.r.-~~

» « • e ^ e P 0, "3, An unmarried child uader 18 years of age who acquires the nationality of another, country because- either of i*ts parents acquires foreign nationality aa mentioned under 1 and 2^' wihen the parent has the cr«to:fy c¿? the child alone or together with the other parent and the 3attcr is not a Norwegian national; 11 !t ,f (E/2l6VAdd.I, Annex) /3c Sweden: B/2230 Page» ÛQ

3. Sweden* Article 7 of the Swedish Citizenship /.ot of 22 June 1950 annexed to the second reply of Sweden, reads, In pait, as follows: "Article 7 "Swedish citizenship shall be lost by ••••**• M3# an uraaarried child i*nder the age of eighteen years who bee anee a foreign national by reason of the fact that foreign citizenship has been acquired by its parents in the manner indicated above in this article if the parents have Joint custody of the child, or by one of the parents, if he or she either has sols custody or has oustody together vith the other parent and that parent is not a

~~Swedish citizen." (;B/2l6VAdd#l6, Annex) .....~~

B# Cases where stafrleaiwesa may occur for the children as a reeuli""5f changesin TKé~natttonal'ity of their pi Brent 135 • The reply of the govesmnent of one country contains u statement to the effect that minor ohildren loso citizenship together with their parents, however if the child fcae not acquired the foreign nationality, he does not lose his nationality unleas he hae left the country, 2he chile, may, further, regain the country1 s nationality by privileged procedure «f ter havtog reached full age« Yugoslavia: "In the case of release, minor children lose citizenship together with their parents. A minor ohild shall, hewever, not lose ite Yugoslav citizenship, if It has not acquired a new one, as long as it hem not left the country definitively together with its parents. "Parsons vho lost their cltizonship as a consequ9nce of having followed their parents upon their release or renounoe:nent of citizenship/

if they are permanently residing in the F»P.R# of Yugoslavia, may reacquiro Yugoslav citizenship by a simplified procedure. They may reacquire it by filling a stat€«ment within seven yearn of having reached full age,, "Thus, statelessness lue to the release frcm citizenship is aJmos*

~~/136. » ^^ E/2230 A/CW.V56 Page 1^9 tír~~

j.36# The reply of the government of one country contains a statement to the effect that the children of a person who is deprived of tha country's nationality are entitled to renounce voluntarily the country's nationality: Belgium; Article 18 bis and 16 quateg-' of the Consolidated Nationality Act of Ik December 1932, as amended, annexed to the rjply of Belgium, reads, in part, as follows: • " "Article 18 bis . 11 • <>••«••

"Paragraph 8. The ##. children of a Belgian national deprived of nationality may renounce Belgian nationality wit]lin six months of the date of registration of the Judgment of deprivation. . rtIn the case of lainor children, this time-liüit is extended until the expiry of a period of six months after they attain their majority; at the age of sixteen, however, they m¿-y renounce Belgian nationality in conformity with the provisions- of article 21 of this Act. ... "Article 18 quater < / ,. "Paragraphs'8 and. 9 of article 18 MJB shall apply in cases of deprivation of nationality in pursuance of article 18 ter," (E/2164, Annex) . .

¿/ It will be noted that the provisions quoted in the text above do not make the renunciation of nationality by the children dependent upon the possession or acquisition of c fcii.ig:: nationalitye •'• • . .

~~CHAFCER VI. WBEDEA.WAL OF NATIONAXITY~~

137* This Chapter deals with a number of .situations in vhict an individual oeaaes.to ba the national of a counter, either as a result cf the automatic operation of th« law of the country, or as a result of a specific decision taken by a competent authority or by a court 'of law. Variois expressions, euoh as "deprivation of nationality", "forfeiture of nationality*1, "denationalination11 (or ndenaturaliEaticnw, as the case may be), "loss of nationality", and the lilce art? frequently used in different countries to cover one or several of such situations, Thx> exprès 13ion "withiirawal of nationality11 has been choeen as the title of this Chapter in order to differentiate the situa tic né examined in it from, those «here the loos of nationality occurs as a result of a voluntary act accomplished by. the individual in order to divest himself of his former nationality» It viU be npted that, although, in many casée, the withdrawal of nationality is the consequence of a voluntary act of the Individual, the aim in acoompllshlng the act vas not to divest himself of his nationality» 238. It will b© further noted thai; withdrawal of nationality is in many, but not all cases, conducive» to statelessness » 139» The countries whose governments have given information :Ln their repliée on withdrawal of nationality nay te classified as follows: * A ». Countries where atateleesneso does not occur as a : »eeult of withdrawal of "Sie countiv^B aiationallty

~~2lK>% Group I# Country the nationality of which cannot be withdrawn Uruguay; "Wo person can become stateless through lose vt Uruguayan . nationality»~~

(2) ][ioss of nationality may not be imposed as a junishment, " w (:E/2l64/Add.ll, pp.1-2) Xklm Group II» Oountriea in which the withdrawal of nationality does not lead to IB ta te le asnos 8 ' Switzerland;: w »»» Swiss nationality oannot be lost unlwe a foreign nationality is hold or aoq.ulrod. This applies in all oaaeB, including •••

~~witiidrawal/ (2/l8~~

~~/Ik2# Tho roply E/2230 A/CH.V56 Page 151~~

11*2. The reply of one country ocntains a general statement to the effect that atatelsssness :1s not created by the operation of the country's nationality lavs: Caylon; See paragraph 6k abcve,, B, Countriee where statelassnosa may occur in certain cases as a result of vitndraval of the ooimtry's nationali ty 1^3. Group III,, Countries in which_ylthte5t^al •of natipnalibyjaay "be applied a^j^rW¿ii^^p^r^l£meXa ffi^fig jac^tzj.: red the conn tryr s nfi^loiSîity^ô^>3^vige"^BST*at '¿íriSh 1/ In. such cases 13ie withdraws,;, may be effected on one or several of the following grounds s (i) Prolonged sojourn abros-d under conditions denoting the severance of the link between the national and tho countryj (ii) Participation in certain activities in a foreign country which are generally considered tc be reserved to nationals of that foreign country; (ill) Fraud exercised when obtaining the country's nationality; (iv) Lack of good character^ denoted, in particular, by a criminal conviction within a specified period of time after acquiring the country8s nationality; (v) Disloyal, acts or attitudes towards the country, in particular when the country ia at war» Ihk* The replies of the government of the following countries contain statements to the effect that the country^ nationality may ">e withdrawn only from such nationals as have acquired it otherwise than at birth:

¿/ In addition to the replies quoted in the text, mention £¡hould also be made of the reply of the government of Argentina (E/l869/Add(,19). The reply mentions Article 31 of the Constitution which reads, JLnigr alia, as follows; "Article 31 ••• "The law shall estaTAish tho c^vsc-^ fo.-r=i9-lities ard conditions governing the «ranting of Argentine nationality and the withdrawal thereof . » / fS8e Jejerb ookJ^H^Daj^Ri^ts, 19^9, p ,6 #)

~~/l. Auatrallai S/223.0 A/OHA/56 Page 152~~

*• Australia; "Australjan citizenship may "be lost in sevôr&i ways, but broadly the circumstances in vhioh loss of Australian citizenship oan result In statelessnects are the following: n(i) Section 20 of the Nationality and Citizenship.Act results in loss of citizenship by any naturalized or 3-egistered citizen who resides outeiide Australia, New Guinea und Nauru for over seven years continuously (other than in tho service of an Australian Government or firm or of an international .. organization of which Australia is a member) without giving

annual notice of intention to retain citizenship0 As a general rule, such persons may be expected to possoss or acquire another nationality, e.g., that of the country in which they are reai¿L£.:¿; i-' tiiey do r*ct, they vlll "beubae stateless. Statelessness results in these cases from :he omission by the person concerned either to give notice of intention to retain citizenship or to return to Australia vithin Be ven years; "(il) Section 21 of the Act empowers the Minister to deprive a naturalised or J*egietered person of his ci;i?enship if that person has been guilty of disloyalty; has, during a war in which Australia is or was involved, traded or coumunicaved with an enemy; has been registered or naturalized ">y fraud or was not of good character at the date of naturalization or registration; or has been sentenced, within five years a:*ter registration or

naturalization, to imprisonment for a year or moreo If a perse» who iej so depri'red of his Australian citlzonship does not possess or acqu:Lre another nationality he 'fill become stateless, Only one person has so far been deprived a* citizenship under this section, lit is not considered to be practicable or desirable to liiiit the Minis tor* s powers o:* deprivation under the section to persons who possess or will acquire another

~~nationality at ^he time of deprivation." [%/2l6k/kôA920, pp.2-3)~~

~~2% Burma: Sections 18, 19, 20 and 21 and 21A of the Union Citizenship Act, 19^8 (as amended) annexed to the reply of Bernia, read as follows:~~

/»18. When E/2230 Page 153 wl8. When the Minister ia satisfied that a certificate of naturalization or a certificate of citizenship granted by him has been obtained by false representation or fraud'or by concealment of material circumstances or that the person to vhctn the certificate was isranted has shown himself by act or speech tc be disaffected or disloyal to the Union, the Minister may In accordance vith section 20 (1), by order, revoke a certificate» U19» Without prejudice to the powers under section 18, the Minister may revoie© a certificate of naturalization or a certificate of citizenship in any case in which the person to whom the certificate was granted either: "(a) during any war In which the tfaion is engaged has unlawfully traded or communicated with the enemy or with a national of the enemy state or has been engaged in or associated vith aoy business which to his knowledge was carried on In such manner as to assist an enemy in such war; or w(b) has, vithln five years of the date of the grant of the certificate, been convicted of an offence involving moral turpitude sentenced by any Court In the Union to Imprisonment for a term not less titan twelve months; or "(c) has sinoo the date of the grant of the certificate been for a continuous period of not less than fivB years voluntarily resident out of the Uriion otherwise than in the service of the Union or of an international organization of which the Union is a member, and while so resident outside the Union has failed to register at the appropriate Consulate of the Union annually after a residence of one year outside the Union; or tt(d) has failed to make a declaration of alienage in respecjfc of any other citizenship within the period prescribed; or w(e) has ceased to b& a citizen of the Uhiaa'àt any time after he has been granted a certificate of naturalization or a certificate of citizenship. /"20. (1) The ^2230 A/0N,ty?6 Page ijk

*20, (l) The Minister before making the order revoking the certificate of naturalization or the certificate of citizenship nay, if he thinhs 'fit, "refer the matter fox enquiry as hereinafter mentioned; and In any manner ccnnected with section l8 or 19, the Minister shall by notice to the holder of the certificate or &.t his last known address, £ive him an opportunity of claiming an enquiry, and if the holder so claims, the Minister shall refer the mattei for enquiry, "(2) An enquiry under this section shall be held by the High Court and the practise and procedure at such enquiry shall be regulated by ruJ.es of the Court» "(3) The High Court shall communicate its findings to the Minister and such findings, shall be final. *21 • When the lllrx±0tor~3?6-v'ûkea_^_certif ioate of naturalization or a certificate of citizenship, the revocation shell have effect frcm such date as the Minister may appoint and thereupon the certificate shall be given up as cancelled, and any person refusing without reasonable cause or neglecting to giv6 up the certificate shall be liable to imprisonment for a term not exceeding six months or to fine. *21A. When the certificate of naturalization or the certificate of citizenship has been revoked, the holder of the certificate shall cease to be a citizen of the Union and shall be regarded as the citizen of the country of -which he vas a subject at the time the

certificate vas granted to him/ (E/2l6VAdd.K', pp#22-23) 3* Sci3a^or» "Article 9'd of the Constitution, annexed to the second reply of Ecuador, reads, in part, as follows í "Article 92. The following are the powers and di.ties of the President of the Republics

~~<>••••••• "(11) ##. to cancel .certifica te: ^r .altura? iz*.^ or *n conformity with the Constitution zrA the law*" • (E/2l64/Adc.A, Annex U). E/2230 A/CNA/56 Pag© 155~~

^" í£2¿£2¿.: "T^e °Peration °- Irish nationality law doei not create s líatele sane s s , except in the provision which authorizes relocation of a certificate of naturalization and, In fact, since the passing of the Irish Nationality and Citizenship Act, 1935/ no certificats has "been revoked." (E/l869/Add.l7, p.l), *• Israel: ¿Under the proposed Bill of Citizenship "Israel citizenship is loist in the following cases:

a c • <> » • • "(d) By the cancellation, by an order of the court, of naturalization obtained by fraud (Sec» 13)" (i:/l869/Add»3JL, p.3). 6# Uew Zealand: "Under certain provisions of the Britiái Nationality and New Zealand Citizenship Act, 19^8, a New Zealand citizprivation of his citizensh:.p, but the provi&ions of this Section are «sparingly invoked; and thero have been °nly thÂ'ee cases of deprivation of citizenship sinca the end of the war." (E/21dh/Add,5)

~~/Section 20 E/5230 A/CJN.U/56 Page Ip6~~

Section 20 of the British Natiorv?.11.ty Act, 19^8, annexed to the second reply of the United Kingdom, readu as follows; "Deprivation of citi&enahip ; , n20« (1) A citizen of i;he United Kingdom and Colonies who is such "by registration (including a person registered Tinder oiib-sectioo. (6) of section twelve of this Act) or is a naturíútized person shall caase to be a citizen of the United Kingdom Jind Colonies if he is deprived of that i^.t.isenship *?y fin order of <;hs Serre^sry of State made under this 02* the next following section, (2) Subject to th€i provisions of this section, the Secretary of State nay by ordei* deprive any such citizen of his citizenship if he is satisfied that the registration or certificate of natural!lation vs..? obtained >>? Dec??1? O* frflrcc.j, faJ.se representation or the concealment of any material fact. (3) Subject to the< provisions of this sectioi., the.Secretary of State may by order deprive any citizen of the United IL'ingdcsj and Colonies who ie a naturalised person of that citizenship if he is satisfied that ths.t citizen - (a) has showr. himself "by act or speech to be disloyal or disaffected towards His Hajeaty; or (b) has, during aiiy var in vhich ~ -.3 Majesty vas engaged, unlawfully traded or comsA-nicated vith an enssiy or "been engaged in or associated with any business that vas to his knowledge carried 021 la such a manner as to assist an • enemy in that var;; or (c) has within five years after becoming oaturalized been sentenced in any country to imprisonment for a tsrsa of not less than twelve months « (k) The Secretary of State may by order àeprire any person . naturalized in the United Kingdom and Cocíale 3 of his . citizenship of the United Kingdom and Colonie 3 if he is satisfied that that person has been ordinaria7 resident in foreign countries for a continuous period of .seven years aad during that period has neither -

~~/(a) been E/2230 A/CR.V56 Page 157~~

(a) "been at any • time • in the serf ice of Éis Majesty or of an international organisation of vhich th3 goreminont of any part of His Majesty's dominions vas-a member? nor •• . . • ("b) registered annually in the prescribed aaanef ata :ll> ,,, -. . - United Kingdom consulats his intention tô rétala his " citizenship of the United Kingdom and Oolcz.iesi . (5) The Secretary of State shall not depi-iro a pereon :of citizenship under this section unless he ie satisfied that it is not conducive to .the public good tliat that person should continue to bs a citizen of thé United Kingdom £,nd Colonies • (6) Before making .en order under this section tl.e Secretary of State shall give the person against whom the orc.er i a proposed to be cade noti.ee In vritir»

•¿.. v. and (3)- of this, section, of his right" tcr an enquiry Tinder .. ;: • this section,. • • • "•• . • -, • ,-... (7) If the ori?:©r is iropoaed:to be cadsonarcr of th9 grounds specified in sub-seotioris (2) and (3) of this section and that •.. •,.. • person applies • in the ' pré scribed" maaher- "for - a\i : £qpLi?j, t&e Set-Votary of State stall, and In any'other1 casa the Secretary of State-may, i-^fer thé caee to a corâaiitteô of inquiry consisting of a chairman, being a person poaaeet.ing judicial •. • • , experience, appointerl• by the Secretary 'at State i^nd of such other members appointed 'bj the Socrótorj of 3ta-:.2 as he'thinks proper," , .-.•''.,

(lbi¿P Anner I) ,.-«.•: See also The Deprivation of Citizenship"' Eulea, 1950, annexed 'to the second reply of the United Kingdom (litid; .tones:'III) **5» Mention should also be made of the reply of the government of one country ^^taininga statement to the effect that-a person having' acc_uj red the country's nationality;, by birth cannot noe deprire-'d' 'ôï that nationality by a unilateral *ct of the government: • ; gj^nmark: "Neither the-now ¿¿fationalitvj-Act /of 27 May IS^cf?, nor the legislation hitherto is fores, ccntn/n snj regulations vlií-r^by a person, /who has ï/2230 Page 15tt

who bas acquired Danish nationality by birth nay be deprived of hie nationality by a unilateral act on the part of the government." (E/1869/Add.l8, p,3). Ik6é Th<> replies of the governments of the following countries contain statements to the effect that in most oases the country's nationality nay be withdraw only from persons baring; acquired it otherwise than at birth: 1. France; "A person who is not a refugee might, nevertheless, be stateless simply by virtue erf the law of the country of which he is a national* For example, if a Frenchman by naturalization, baring lost hia nationality of origin by acquiring French nationality is deprived of the latter, as a result of a serious conviction for IL crine against tho ordinary law, he becomes stateless, though not a refugee, for as long as he remains in France. There are very few stateless persons in the world 'tho were previously French nationals, certainly less than 500, all of them ; ion-refugees» The 1^,000 or so withdrawals of nationality owing &o a review of the naturalisâtlone or to the deprivation of nr.t.loirf-ity of persono who formed the nucleus of the Froe French Forces between 19*0 and l$kk were cancelled after the Liberation* Generally speaking, the French Government never confers or withdraws French nationality as a reward or punishment, and the relevant legislation contains every kind of provision likely to remove the aiusefc of statelessness. Under article 96 of the Code of 19 October 19^5t onl^r inillvidualEi having another nationality and behaving in Trance as active nationals of the other State in a manner inconsistent wLth French national interests, are deprived of their French nationality." . (E/2l6VAdd,19, P*6). 2# Pakistan* Section 16 of the Pakistan Citizenship dot, 1951* annexed to the repJly of Pakistan reals aei follows: "Deprivation of citizenship 16. (1) A citizen of P&kiotan &hall a«ótío tu to Û cltlxen o^, Pakistan if he is deprived of that citizenship by an o:?dér under the next . following sub-sect ions* •,'.: (2) Subject to the provisions of this section the Central.

~~\ /Government E/2230 A/CN.k/ïè Page 159~~

Government may by order deprive any such citizen oí his citizenship if it ia satisfied that he obtained hie certificate of domicile or certificate of naturalization by mee us of fraud, false representation or the concealment of any natorial fact, or if his certificate of naturalization is revoked. (3) Subject to the provisions of this section the Central Government may by order deprive any person who is 6. citizen of Pakistan by naturalization of his citizenship of Pakistan if it is satisfied that that citizen - (a) has shown himself by any act or speech to be disloyal or disaffected to the Constitution of Pakistan; or (b) has, during a var in which Pakistan is or has been engaged, unlawfully traded or communicated with the enemy or engaged in or associated irith any business that vas to his knowledge carried on in such a manner as to assist the enemy in that var; or (c) has within five years of being naturalized been sentenced in any country to imprisonment for «. term not less than twelve months. .

(k) The Central Government may on an application b« ing made;,or on its own motion by orcler deprive any citizen of I'akiatan of his citizenship if it U\ satisfied that he has beer ordinarily- resident in a country outside Pakistan for a oontiruous period of seven years and duriikg that period has neither •. (i) been at any time in the service of any Government in Pakiarfcan or of an international organization of which Pakistan has, e.t any time during that period T?een a member; nor (ii) registered annually in the prescribed manier at a Pakistan ConauJ-ate or Mission or in a oour.try vhere there is no Pakistan Consulate or Mission at a Pakistan Consulate or Mission in a country nearest to the country of his residence hia intention to retain Pakistan citizenship« \

~~/(5) The E/2230 Page l60~~

J5) The Central Government shall not make an order depriving a person of his citizenship under this section uniese it is satisfied that it is in the public interest that that person should not continue to be a citizen of Pakistan. (6) Before making an order under this sect i or the Central Government shall g;ive the person againat whon it is proposed to make the order notice in writing informing him of the grounds on which it is proposed to make the order and calling upon him to show cause why it should not bë made. (7)'if it is proposed to make the order on ary of the grounds specified in sub-Eiections (2) and (3) of thie section and the person against whcan it is proposed to make the order applies in the preaoribed manner for an inquiry, the Central Government shall, and in any other case may, refer the (¡ase to a committee of enquiry consisting of a chairman, being a person possessing Judicial experience, appointed by the Centra!. Government and of such other member» appointed by the Central (government as it thinks proper." (E/2l6VAdd.6, Annex), 3. tfoion of South Africa: "Clauses of the South African Citlaenship Ac>t, 19^9» under which persons nay become stateless aro cited hereunderi

"Articles 17 (l), 17 (2) end 18 "A South African citizen who loses his citizenship in terms of the provisions of thes^ articles will become a stateless person unlew he is a national of some state other than the Uni^n. For the purpose of Union legislation such a person is regarded as having the nationality 'or citizenship which he had prior to becoming ,,i / South African citizen. ^-

~~if. Seo following page for footnote. /l/ The provisions E/2230 A/Œ.k/56 Page l6l~~

l/ The provisions of the South African Citizenship Act, 19^9 > mentioned in the text, read as follows: . "it» (1) A South African citizen by registration or naturalization shall cease to be a South African citizen if ha resides outside the Union for a continuous period of at least seven years exclusive of any period during vhich .- (a) he so resides in the service of the Government of t]ie Union; or (b) he so resides as the representative or employee of a person or association of persons resident or established in the Union, or in the service of an international organization of which the Gorernment of the Union is a member; or (c) in the case of the wife or minor child of a person referred to in paragraph (a) or (b), such wife or child so resides with such person; \d) in the case of the wife or minor child of a person *ho is a South African citizen by birth or descent, such wife or child 30 resides with suda person; or (e) he has at least once in every year registered in tha prescribed manner at a Union Consulate or such other place as may be prescribed, his intention to retain his South African citizenship; (2) Whenever a person ceases under sub-section (l) to b^ a South African citizen, his minor children who are South African citizens by registration or naturalization shall also cease to be South African citizens if the other parent of such children is not. or does not remain, a South African citizen. n Ml8, A person who is a South African citizen under sub-section (3) of section fiye (other than a person referred to ;Ln paragraph (a) of that sub«6»o&io&) shall cease to be a South African citizen - (a) in the case of the holder of a valid South African passport, upon the expiration of the period of validity of his passport unless he has before the expiration of the period of validity of his passport, lawfully entered the Union for permanent residence therein; and (b) in the case of the minor child of the holder of a valid South African passport upon the expiration of validity of the relerant passport or upon the expiration of a period oí' one year after he has attained the age of twenty-one years, whichever 3 s the earlier, unless he has, before the expiration of the period of validity of the relevant passport or, as the case may be, before he has attained the age of twenty-ore years, lawfully entered the Union for permanent residence therein." (See Statutes of the Union of South Africa I9U9, I>ublished by Authority, CAPETOWN 19^9, pp. 1*36-438). Mote: Section 5 of the South African Citizenship Act 19^9, mentioned in Section 18, deals with citizenship by descent of persons born outside the Union prior to the date of commencement of the Act. Sub-section (3) of Seotion 5- deala, namely, with perscxns who, immediately prior to the commencement of the Act, were Union nationals by virtue of the provisions of paragraph (d) of section oiœ of the Union Nationality and Flags Act, 1927- (Ibid, p. teO),

~~A» United States ki;». E/2230 A/GK.^/56 Page 162~~

i*, United States of America; "statelesan©sB after tirth results largely fro© the operation of expatriation statutes « The ways in which American nationality can be. lost are set .forth in Sections 1*01 and kOk of the Rationality Act ".of 19U0, These methods, all of which require voluntary action by the individual ms.y be summarized as follows:

"3. Entering the armed forces of a foreign state, if one has or acquires its nationality*- H4. Accepting or performing the duties of any oj'fice, poBt, or employment under a foreign state for which only jts nationals are eligible. .'..... "5. Voting in a foreign political election*

"7. Deserting United States military or naval service in timé óf var. "8. Committing treason against the United States!, or attempting,by force to overthrow th«> 'Government of the United states or bearing arms'against it." ' . '. . - t;i ' "9« Departing from 02» remaining outside of the jurisdiction of the United States in time of var or during a period .of national emergency for the purpose of eveiding or avoiding military Eisrvice. "10, Residence "fyy a. naturalized citizen for two years iix a foreiga state, of which one vast fcrtaerly a national or in Which the place of his birth is situated, if he acquires through such residence the nationality of such foreign state. : "ll. Residence by a naturalized citizen for three years in the same foreign state, even 11' he does not acquire its nationality (except residence for certain specified purposes). "12, Residence by a ne/tauiiaea citizen lor live years in any other foreign state, except as ot3a©rwi.ae provided. "it will readily be seen that some of these methods of expatriation do not result in átateles ânes s, some may or may not so result and still others in moat caess do so result* For example*

~~under v * (3), W, arid (10), statelessnese seld'a, if ever, results. Under (5) statelassnees may result, but it is usually~~

~~/possible E/2230 A/CN.V56 Page 163~~

possible for the individual, If he desires, to acquire the nationality of the foreign state to which the oath is taken or i a which the vote was cast ... Although statelessness results from (11), it is ordinarily not difficult for the individual to acquire or reaccuire the nationality of the foreign state involved. Thers car: 'be no doubt that expatriation under (7), (8), and (9), does result, in most cases, in the individual becoming stateless. However, these cases ar© relatively few- Under (12), it may be said that ntatsleesnees results to some extent." (E/l869/Add.l2, pp. 2-3). lV7« Group IV; Countries in which withdrawal of nationality may, in certain cases, "be applied to all classes of nationals, and l:i aoms """ other cases, to particular classes of nationalTl/ XhB* The :replies of the governments of the following countries contain statements explaining under which circumstances tho nationality of the country inay be withdrawn: 1. Belgium;; "... our present legislation still contains provisions which can gire rise to statelessneas. "These are primarily provisions concerning the forfeiture of nationality. They are, however, regulations to meet exceptional circumstances, where they would be required to protest the higher interests of the State; their application is very limited and will no doubt diminish still further in the course of tima/' (E/1869/Add.T, p. S). "For reasons of public s«curity •«•• legislation haa "been passed regulating loss of Belgian nationality. "Thus, the Act of 30 July 193k provides the per30ns who seriously fail in their duties as Belgian citizens may lose thsir Belgian nationality, while under the Decree of 6 May 19^4, a 3 amsr/Led by the Decree of 7 September 19^6, persons sentenced to a penalty under criminal law for offences committed in time of war against the external security of the State», automatically lose taeir Belgian nationality," (E/216^, p. 3). I/ #or France, Pakistan, the Union of South Africa and the UnLted states of America, where in certain cases of withdrawal of nationality the distinction betweon nationals otherwise than by birth and nationals in general is not nade, see paragraph 146 above. w. /Articles 18 E/21230 A/ON, it/56 Page l€k

Articles 18 bis and 3.6 ter of the CaasoLidated ^a•ilonaliwy Act of 1 1*1- December 1932 (as amende' ») am^Ted to the second r?;::.ty of Belgium read, in part, as follows; "Article leLMs. "Paragraph_1« A Belgian national who doss not ¿orive his nationality at "birth :fj*om e. Belgian father may, 1:? iia Herioualy faile in hie duties as a Belgian citizen, be deprivod or his natlocality at

the ino*1?-1?1^ î' tV.o "T""?3. •*.* ."ÍCT?Í"Í- e <• "ÈïSîiÉî^?0 ^(5 deprivation proo©©4ings c'i&ll b© condv.cted ! in the court •;£ appeal, of" tHo âeïeaô.a2it s pla--j© o:T..dcanieilo or; in the absence of a'-îcaot-wi pX?,cê of dbraicils, of hie Laat pla.ce of residence. In the r-L3-3¿ice of fcvtîy SEBOWTÎ. plac-o of ioE?.cile cr residence in BclgiiTJ,1 the" ooi^rt "of appeal ai; Bruísols e&all hare ::'-' Jurisdiction c ' ':

• * • • "Ayticlo /-.S^^tsr-i Ar^y person vho hat» been se:'itor.3e¿, 'by an order or Jvidgaent "by default;' to a neary psr^^.tj '^¿oo..^y¿SÍoeüd.) ^cr an offence or attempted offence in ti*DO: of war %vithl"\ ^he ssai^ing of chapter II, "book TT^ ti;lo 1 of the Burial Coda or of articles 17 a^d 18 of the- Military Peaal Coda, no objection haripj b^-:>n lodged against the said order or jTidgBoat PÍI¿ tls© sentence not hï.Tîng "bean executed

~~against his •per"=ío:rxlsr isB'a^d to ti»80~~

~~/'by the S/2230 A/CN.k/56 Page 165~~

by the government of their locality in Turkey, or ttie order communicated to them in a foreign country to leave such service within a determined period, and Turkish nationals who without permission continue to "be in the service of a State at war with Turkey, may be ¿^nationalized. The government can., if it desirea^ denationalize the following: on the declaration of general nob ill nation in Turkey, those Turkish nationals who, having been officially ¡summoned through the appropriate channels, fails, without any excuee, to report for their comiulsory military service or of those Turkish nationals, who during their conveyance to their assigned units or after Joining a unit deaert and fail to rejoin their units within the jteriod specified by law, and also Tvsrkieh nationals who, according; to the evidence submitted went to a foreign country and are not able» to prove the contrary; all high ranking officers, all ranks of the services and persons liable for military service who, having gone* abroad on leave, for change of air or on official duties, do not, without any excuse, return at the expiration of the term of their leave or duties, and Turkish nationals residing abroad who fail to regieiter theasalvos with a Turk. fib. Consulate for a period exceeding five yoars. "Article 11 - Former ali.ens, who have ^een granted Tu^kiëh nationality, may, in the following circumstancea, be denationalised by a decisión of the Cabinet: "A. Those who try to undermine the internal ¿uad external security of the Turkish Republic,. . ... : "B. Those who do not fulfill the obligations laid down by legislation regarding military service." (E/2l6U/Add,l!J, pp. 2-3). 3% Yugoslavia: "The following dispositions of the Yu{§oslaT Legislation in force might cause the status of statelessness Î "LAW CK CITIZENSHIP "Article 15» fThe oitiisenship of the Federal Peop;.e*'e Republic of Yugoslavia is lost by reason of absence by any person permanently residing outside the Federal People's Republic of :rugacj.lavia vho, over a. period of 15 ye&rs after the ai^btoenth yea:: of age, failed

~~/to fulfil fcvM' E/2230 Page 166~~

to fulfil'Bay. public obligation towards the Federal People's Republic of Yugoslavia aad in addition to that, 'during the last five years failed to register with a Mission of the Federal Peopled Republic of Yugoslavia abroad or to raport in vriting to the MinLstry of Interior of the Federal People's Rspublic of Yugoslavia* Sucii loss of citizenship shall apply also to all children of such a person, born and permanently residing abroad, if they should not iiave fulfilled their obligations towards the Federal People's Republic of Yugoslavia, or registered or reported as provided in the foregolig paragraph. 'The decision on theloss of .citizenship pursuant to this Article shall be brought by the.Ministry of th,e• Interior of she Federal People's Republic of Yugoslavia. Action against sucú decision ttay be taken vithin two years after its publication in tiie Official Gazette of the Federal PsDpi©1 s Republic of Yugoslavia.'• . "Article 16...... 'Any person belonging eth:iica3.1y to. the peoples whoso States have been at yes vith the peoples of. the. Federal People's Republic of Yugoslavia and who, .during ths> var or prior to it, but i:a connection with that war, has contravened his duties:as a o-ltizon, isay be deprived of the citizenship oí1 the Federal People'e Itepublio of Yugoslavia. 'Any naturalised citizen of the Federal People's Republic of Yugoslavia zss^ e orally be deprived, of the citizenship of the Federal Peoplefe Republic of Yugoslavia, if he obtained naturalization by

using false statements ;pr.omitting to etate important circumstances, or if he has been aantoncod, vithin five years since the date of his naturalization, by a court,for a defamatory offence or for an offence againôi the iuwtor«ót of che people and the State. 'Any citizen of ths Federiil People's Republic of Yugoslavia whose activity abroad is, or during the war was, préjudiciel to the interesta of the peoples or of the State of the Fedei'al People's Republic of Yugoslavia, or who refvised to oomply wltl.-hls obligations of a citizen, meiy be deprived of his citisenship. ' •

"Article 17. 'Decisions on deprivation of citizenship pursuant to para, 1 and 2 of the preceding article 3hall be made "by the Ministry of the Interior of the Federal People's Republic, of Yugoslavia. 'Deprivation of citizenship pursuant to para. 3 of t]ie preceding article shall be ordered either by a Court, in cases explicitly provided by the law, ór by decision of the Presidium of the National Assembly ôf the Federal People's Republic of Yugoslavia.' •Nevertheless, the cessation of citizenship of the Federal People's Republic of Yugoslavia does not take place ex legs, but it is necessary that the competent authorities should tato a decision in each individual case, considering thereby all the circumstances of the case. Thus, the case' of a person becoming stateless is practically within the control of the competent authorities, who thus have the faculty to prevent the occurrence oar a considerable number of etateless persons for the above stated grounds. "The deprivation of citizenship by sentence of the courts has been repealed. Article 1 of the Law on deprivation of citizenship of commissioned and non-commissioned officers of tho former Yugoslav Army, who refu¡3ed to retorn to Yugoslavia, of members of military formations who were in the service of the invader and who fled abroad, as well as of persons who fled after the liberations 'All commissioned and non-commissioned officers of the former Yugoslav Army, who were taken prisoner or interned by the enemy ana who refuse repatriation and remain abroad af their free will, shall lose tie citizenship of the Federal People's Republic of Yugoslavia. 'All members oí ' various anti-popular political organizations and military formationsi who were in the service of the invader (the so-called Yugoslav armies in the fatherland, tchetniks and TJstashasV Serbian &tate Guards, Domobrans, etc.) who retreated from the territory of Yugoslavia together witl, the enemy with whom they Jointly fought against the Yugoslav army and our Allies-until they reached the frontiers, and vho actually are

~~/abroad, E/2230 A/CN.V56 Plage 168~~

abroad, a& veil ae the other members of such fermât ions who fled earlier from this country • are deprived of the citizenship of the Federal People's Bepublio of Yugoslavia* Persons who have escaped from the country after the liberation shall be deprived of their citizenship, too*' "it is provided by the same lav that persons wlo, within two months after the official announcement of the end.of the repatriation term in the zone where they are residing, shall expresa to any Yugoslav diplomatic or military representative or to h^.s authorized delegates their readiness to be repatriated shall not lose their citizenship* Persons who, due to disease, dist*anoe or isolation, fail to report within the due term, shall be admitted to do so later on, provided that they produce proof of their inability to c.o so within the fixed term» . ,. "However, in the practice of the Yugoslav oompetent,authorities for the questions of citizenship, the loss of citizenship does not even in this oaeie occur ex lege, and a special decision is required in each oacie, since this is required l>y the system of 11 administrative procedure applied in the F* P, l:?> of Yugoslavia. (E/216U/Add.l8, pp. 2-1*). 1^9. The replies of the governmental of the following countries state that a national born abroad may have his nationality withdrawn under certain oircumsteaces : lf Norway; Section 8 of the Norwegian Nationality Act of 8 December 1950/ annexed to the reply of Norway, reads as follows: "Section 8. . "A Norwegian national bom abroad loses his Norwegian nationality on attaining the age of 22, provided he has never previous to that time resided in this country nor has stayed there in circumstances affording evidence of solidarity with Norway. However, if such person applies for permission to retain his nationality before _ he. has reached the age of 22, the King, or the authority the King ejapowers thereto, may grant the applicant a certificate of citizenship. /"if a person E/2230 A/CN.V56 Page 169

"if a person loses Norwegian nationality under this section, his children similarly lose their nationality acquired through him." (B/21ék/Add,l;, Annex). 2. Sweden: Article 8 of the Swedish Nationality Act,of 22 June 1950, annexed to the second reply of Sweden, reads as follows : "Article 8 "A Swedish citizen who was born outside Sweden and who has at no time been, domiciled or 11 Ted there under circumstances indicating a connexion with Sweden shall lose his Swedish oit:.zenship upon attaining the age of twenty-two years* Upon application previously made by such person the King; in Council nay, howevor, permit him to retain auch citizenship. "tfhenerer any person loses his or her Swedish citizenship in accordance with the firot paragraph of this article, such loss of citizenship shall also apply to any children who have acquired citizenship as a consequence of the said person's 1>elng a Swedish citizen (B/216VAdd.l6, Annex). 150. Pox- the reply of Denmark see paragraph k2 above.

~~/CHAPTER VII» E/2230 k/(M.kf56 Page 170~~

CHAPTER VU.. £ROOF OF NATICWALm , 151. The replies of the G&vegrooeBtjEi of the following oouBtrlëti contain statements concerning the manner in which the nationality of the country may be proved: 1. Belgium: Article 23 x>f the. Consolidated Nationality1 Act of Ik December 19321 arsnexed.¿to. the reply of Belgium, reads as follows: "Article 23» Belgian nationality by descent shall 1* deemed to have been sufficiently eatabj.ished.by a claimant if he proves that the .. parent idiOBe.ixs.tion¿.liVy.he follows envoys.Belgian status• "Belgian status is acquired by the exercise of the lights conferred by such status. .... "Evidence.,to the contrary' Bhe.ll be admissible.11 (E/216U/Annex) 2, Burma; Section 6 of the Union Citizenship Act, 19*tf> annexed to the :t*eply of Burma, .reads as followa: ..•*•:•• "6. (1) The Minister may., in his diacretion, grant a certificate of citizenship to ary person about whose statue as a citizen of the Union a, doubt esists or .to the representative in Interest of such person, and he shall,specify on the ceitificate that the grant thereof is made for the purpose, of clearing such doubt, (2) Such certificate shall be conclusive eviderce as to existence of such citizenship and the person in respect cf whom it is granted shall, as from a date for that purpose to be specified in the certificate, be deemed to have been a citizen of the Union; provided that the certificate shall not be regarded as an admission that he vas not, previous to the date so specified-* such a citizen." (E/2l6VAdd*10, Annex IV). 3« Iran: "The following are considered to be Iranian citizens: "a. All inhabitants of Iran except those whose alien status is established by their identity certificates. 11 (E/2164/Add.21, p. 1) *•• P&fciBtan: Section 19 of the Pakistan Citizenship Act, 1951, annexed to the reply of Pakistan, reads as follows: "Cases cf doubt as to citizenahip "19• (1) Whsre a person with respect to whose citizenship a doubt

~~••" • /exists, E/2230 A/CH.V56 Pa^ 171~~

exists, whether on a question of law or fact, mukes application - - in that behalf to the Central Government > the Contrai Government may grant him a certificate that at the date of the certificate he is a citizen of Pakistan. (2) The certificate, unless it is proved to hare been obtained by fraud, false representation or concealment of any material fact, shall be conclusive evidence.of the fact recorded in it."

(E/2l6U/Aaa.6: Annex). 5. United Kingdom and Colonisa: Section 25 of the British Nationality Act, 19U8, annexed to the reply of the united Kingdom, reads as follows: "Certificate of citizenship in case of doubt "25. The Secretary of State may in such cases as he thinks fit, on the application of any person with respect to whose citizenship of the United Kingdom and Colonies a doubt exists, whether on a question of fact or of law, certify that that person is a citizen of the United Kingdom and Colonies; and a certificate issued under this section shall, unless it is proved that it was obtained by means of fraud, fais© representation or concealment of any material fact, - be conclusive evidence that that person was such a citizen on tiie date thereof, but without» prejudice to any evidence that he was such a citizen at an earlier elate."' (E/2l6k/Add.5, Anne:: I). 152« The reply of the Government o^ one country contains a statement to -the effect ttiat measures have, been takon to facilitate proof of citizenship of all persons born, residing and working in the country if there is no doubt that they are citizens of the country: < - Czechoslovakia: "The Ministry of the Interior has . . . issued a number of provisions to facilitate proof of citizenship of all per30ns born, residing and working in the territory 3f the Czechoslovak Republic if there is no doubt that they are Czechoslovak citizens. "These regulations which are strictly adhered to ensure a substantial reduction in the number of stateless persons." (E/fíl6^/Add.l2, p. 2).

~~/PART II. A/cN¿/5°" Page» 172~~

~~3RAOT IT, SUM4AKY QÇ ;THE IM?GRMA.TION CWTOMMD IK THE : REPLIES RECEIVED JrROM GOYERKMENTS.~~

I53„ In this Part, an attempt will bo made, for the convenience of tho Economic and. Social Council and oí' the International Lav Commission, to •^present summaries of* the information supplied by governments which has been analyzed in Part I of this Report., 15^,. This summary enàeavours to restate in a systematic ">ut shortened form the main facts set out in the preceding part of this Report,, and to give a general view of tho prositionis indicated in the infonaatIon contained in that, part, . .... : • • 155,. Details whioh iaa¿r be essential for exact study of particular legislative provisions or administrative ;?raot.io©s of a given country have been emitted :frcci the summaries* For detailed study the information Ln the preoeding Parts I| II, and III should therefore also be consulted• I. Avoidance of gtateloseness ln connexion with changes of : " territorial aovereigity Í56, (a) The replies of the (governments of the following countries state that the reocmanfinàation relating to the inclusion in arrangements for changes of territorial sovereignty of provisions for avoidance of s'zttelessness does not oonoern them: . • : . • ^» Argentina -.?.•• &: Ireland . . . - '• ••.•.-•• 2* 2l2ii£ • • . ?•• Norway . <•' • s 1!' 3 • Denmark 8. Sweden . -. • • if. Ecuador 9 • Syjt&erland . 5» Greece ., , 10, titlted Sigites \€ Africa 157. (ti Yhd replico of the governments of the following countriee'state th^t the recommendation lias been noted and, in certain oases^ either express approval, or state that the roconnsiendation will be kept :JI mind, should the ooun.try be involved in chanceís pf territorial s oyere ignt;rî ^« Australia h^ C eylon 2. Belgium 5. India 3« Canada 6. New Zealand 7* United Kingdom

~~/158. (o) TW f E/2230 I A/CN.V50 '• Page 173~~

158* (c) The replies of the governments of the folloving countries contain text» of legislative provisions dealing with nationality Ln caees of incorporation of territory: 1, Pakistan 2. United Kingdom . 159. (&) The reply of the govornment of one country, s ta tos that the problem . of such territorial changes concerning the country as may affect the nationality of the persons concerned will be a matter for consideration in the Peace Treaty between the country and the Allied Powcrn: ™*r*~ Japan 160. (e) The replies of the governments of the folloving countries contain information on measures taken by them in connexion with changes of territorial . sovereignty in vhich the countries have been involved: 1. China 2« Haehemite Kingdom of Jordan 3» Yugoslavia .'.''., 161. (f) The replies of the governments of the following countries contain information on measures taken by them in connexion with.the obtaining of independence by the country: • ''..>'. 1. Burma 3. Israel. '•* \ *> 'V rill of Citltsnohip) 2* ÇËZISE *i» Pf-1'lPtaa . ' • ^" Naturalization and sjmi3ar procedures for acq.uiriné; a nationality by statelesenese persc>na ba-bitually resident in £ territory

~~CHAPTER I. GENERAL IOSITION AS TO TSE ACQUISITION OF NATIONALITY BY NATURALIZATION~~

I62# £n two countries there is no naturalization properly speaking, but, however^ procedures akin to naturalization; !• Ceylon: Registration of certain classes cf aliens, including statelesi3 persons, as citizens, i- 2. Uru.guay: Acquisition of citizenship (as distinct from nationality)

\ - • \ by certain categories of alieniî, including stateless persons. "-.. I63. ^n "^w0 countries nationality laws have not yet been enacted. When enacted, •' they will provide for acquisition of the country3s nationality, including acquisition ^j stateless persons, through naturalization: 1. India 2, Israel , ~ , /SECTION I: Pago 174

~~SUCOTON I: Statutory requlronuartffJTqr raturaliz^tlon~~

l61*é Category I, Admission and Bojoisrn in the country and notioe of intention» ^-» Argontina; Two yoars previous continuous residence If applicant ontered tho country without violating tho laws (after |5 yoars1 continuous

rosidoncej, Argentine citizenship ID acquired automaticully; subject to tho fight to decline it) fc 2* Australia^ Declaration of intention at least ono yoar after having entorod the oountry; rosidence in the oountry for at Ijaet five years, including the year immédiat oly preceding the application and another four years: daring the eight years immodiatoly preoodin,? tho application; intention to rosido in the oountry. 3» Belgium: Habitual reeidenoo in the oountry for ab least 15 years in case of final naturalization^ and 10 years for ordinary naturalization,

km Burma: Five j*a^s of continuous rosidence in the country before the application? intention to resido In the country if naturalization is granted; notioe of intention to apply for naturallzati an to be given at least ono year and not more than five years before the application. 5« •' Chilet Continuous residence in the country for more than 5 years. 6; Ohliia: Continuous demie lie in the oountry for more than- p years, 7» Czeohoslovakla; Residence in the country for a minimum period-of t'A:- ''5 years, • •• • ^« Ecuador: Residence in the country for 5 years after obtaining the final residence certificate, 9. • -France: Residence in the country for 5 years. - . 10» Iran : Continuous or intermittent residence in tte country for 5 years, . " . 11. Israel: (Under the Bill on Citizenship); lawful residence in the country for 3 years; intention to'reside in the countiy, 12. Japan\ Domicile in the country for 5 consecutive years or more. 13. New Zealand: Notice of intention at least one "year before the explication; residence In the country throughout the year preceding application; at date of application total residence ir. the oountry foy 2 years out of the preceding 8 years; intention to reside in the country» rs# lk9 Norway : Residence in the oountry for a minimum period of 7 ye&

~~/l% Pakîet22î 2/2230 A/CH.V56 Pago 175~~

W» Palciatan: Residen©* in the country not 1#«§ than 5 years i»»diately preceding adoption of th« Naturalisation Àetj intention to resida in the country. *£• Sv»den: Bomlcile In the country for a minimum period of 7 years. I?. tfalted Kingdom and Coloniest Besidenee in the jountry through 12 months lamed lately preceding application; residence in the country (osr one of specified territories) far k years out of the 7 years preceding the above period of 12 months; intention to reside îi the country (or in one of the specified territories). 16• united States of America; Lavful admission to the country for permanent residence; continuous residence for a specified period, generally

5 yoarsA - • 165. Category TXi Knowledge o:f the language or of the institutions of the country! . *• Au£itralca: Adequate knowledge of English;-^ adi^uate knowledge of responsibilities and privileges of citizen of the country» 2, Burma: Speaking knowledge of eñe of the specified languages of the country. 3* Ecuador : Speaking and written knowledge of Spanish; general knowledge of history, geoisraphy and Constitution of "¡he country. **• Israel; (Under the Mil on Citizenship) Scans Inowledge of Hebrew, 5* New Zealand: Sufficient knowledge of English; rufficient knowledge of responsibilities and privileges of citizen of the country, 6*. Pakistan: Adequate laiowledge of one of the voniaoular languages of the country, ?• United Kingdom and Colonias: Sufficient knowlec^e of English (or, In a colony, protectorate or trust territory, of English or language recognized as being equal to it) •

~~1/ Alternatively: residence In the country for: 20 years .~~

~~/l66. Category Œ, A/CN.V56 Page 3.76~~

i *.f ; - . . v*. ' '" '' '••.-•. 166. Category HI* Age -and capeeity: - ^» Australia; Full age (21 yoars) and full capacity,' ". - 2!» Belgium; 30 years fox. the final naturalization; 22 years for the ordinary naturalization. •• :.:".• ' ,.. •' - •• •>• . Burma: .18 years,. ..

kt China; 20 years and le^al capacity •(in $he case of a ata télese person, in accordance with Chinese lav only) « ->• Ecuador : Legal capacity in accordance vith perstmal status and ïîcuadorean lavs, 6. - Iran; 18 years. =. J : 7, Israel; (Under the Bill an Citizenship) full agí». ; •'

8... Japan; ,; 20, years and full capacity according to 'ihe. lav of the native country. $• Key Zealand! full age» and capacity. 10. Norway; 18 years. 11. Pakistan:* person not being a minor. ^•2• Sweden; l8 years. 13. Uhited Kingdom and Colonies; full age and capacity. 167. Minors may be naturalized jn the folloving countries; 1. Australia; In certa¿i cases. *•• ISEââi5 (tfeder the Bill on Citizenship) on application of parent or guardian. 167« Minors may be registered a& nationals In the follovin*; countries: -L» Key Zealand;: conditions unspecified. Sî*' Pakistan: can application of parent or guardian :Lf child of a oi'tizen of Pakistan; the government may register any ulnor. 3. United Kingdom and Colonies; Minor child of a o:Ltizen of the United Kingdom and Colonies»; in special circumstances., any minor. itee also facilities granted to children of naturalized persons (paragraphe 189 to 192 belov (Section III of Chapter :.T of this Part))» 168. Category IV. Property or iiicome requirements: .1. China; Sufiricient financial means, or skill and ability to earn his living. 2, Ecuador; Possession of lawful property, businesn, occupation or office enabling him to support himself. /3. jysai E/2230 A/CN.V56 Pago 177

3. Í2£2ii: Property or ability for "independent lining11. h, Norway: Ability to support himself and family « 5* S veden r Ability to support himself and family. l69# Category V. Loes of former nationality and oath of allegiance* *•• Belgium; Application, for naturalization not receivable if national law authorizes to retain rationality when acquiring ioreigp nationality. 2» Burma: Naturalization does not take effect bef

k9 Ecuador: Producing e. certificate showing that i.pon naturalization former nationality will be lost. 5. Ja^an; Possession oí no nationality or loss of former nationality upon naturalization. 6. New Zealand: Taking an oath of allegiance befos* naturalization becomes effective. , 7« Norway: Certificate of naturalization issued provided within a year declaration of allegjjance to Constitution" is mac.e (no declaration required if applicant under 18 years of age or insane). If according to.law of country of origin release from nationality required, production of such release» may be required vithin ono year. ®» Pakistan; To be procrea to take oath of loyally. 9« Sweden: If according; to law of country of origin release f*om nationality required, production of such release may be made condition of naturalization, 10. Ifcxited Kingdom and Polonies: Taking an oath of allegiance; however, renunciation of former nationality not required. I70. Category VI. Good character: ^« Australia: good chai»acter. 2« Burma: good character 3« SMSâ: so°d charactor and behaviour. ^» Cr^choslovEikia: not to have committed act harmi^il to the Czechoslovak Republic or t.te People's democratic reg:.me. 5, Ecuador: irreproach onduct before and dur:Lng residence.

~~/6. Japan: $/2230 A/C3Î.V56 Pagw 178~~

6» iâfiSÛI Upright oonluct; not to have exercised certain activities considered subversive. ?• Hey Zealand; good aharacter» : 8« Norway: good character,. 9* Pakistan t good character. 10. Sweden: good character « ^ • United Kingdom and Polonies : good character « 171» Waiver of all or certain statutory requirements for naturalization at the discretion of the authority competent to grant naturalization;-' *•• 0gechoalovakia: In special cases residential requirment may be waived,» 2* Norway: Possible waiver of any or all of the requirements, ' 3» Pakistan; Possibility to register as citizen any person even not having obtained a certificate of naturalization under Naturalisation Act, 1926* *t» Swedeni Possible valver of any or all of the requirements* 5« United Klitfftqn and Colonies: Possible reduction of requirement as to residence; residence in certain specified countries may be considered as equivalent to residence in the country, etc, SECTION Hi Practice» followed vith resp»ot to ltaturalizatlon

172: # (i) The replies of the following countries state *!;hat stateless pereona are trea1»d in the same vay as all other alie]is: 1* Australia 7. Franoe^ 2. Belgium ô. Key Zealajtd **^M 3* £SSiiâ£ ^* Norvay ^« Sîiiîtâ 10- SyrjLa 5» Ecmxdor 11. Ifolon of ^onth Africa . 6. Isc^ 12. United King*™ "<& Qolooig^ 13. United Stit^« nf Anerloa

1/ For social categories of persons entitled to valvar of statutory requirements see Chapter II below. 2/ The reply contains statistic* data concerning naturalization of stateless''persons arid/or alization in general» /173. <**> E/2230 A/CN.k/56 Page 179

173» (ill1 The replies of the following oountries state that applications from stateless persons receive in all or certain cuses, sympathetic ocnsideration: 1 • Denmark 2. Iyeland 3. Japan k, Svgdgn (for certain categories of refugees, vhuther stateless persons or not). 5« §HJÎ5223â22â

~~7, Turkey 17^« (ill) The reply of the follovitng country states that stabeless persons are generally granted naturalization on application without any further rec|.ui:poments : Yugoslavia~~

~~/CB/IPTSR n. ML E/2230 A/CNjf-/56 Page l80~~

~~CHAPTER H. ACQUISITION OP NATIONALITY BY SPECIFIED CATEGORIES OF PERSONS BY OPERATION OF LAW, BY HOVILE&ED PROCEDURES, oe BY NATURAIJZATOJN, SOME OR ALL OF TEE STATUTORY OT3UIR3ÍSOTTS BEING WAIVED~~

~~SECTION I: Former national and children of nationals and ai former nationals~~

~~a) Reacquisition of nationality by former nationale~~

175» {i) In the following country nationality has been reac.uired by a speoifled category ux íamiar nat/:Lon¿tj.tí 'oy operación of law:'" ' United Kingdom: In tho case of a wanan haying lost her nationality under previous legislation when marrying an alien., 176. (ii) In the following countries, nationality may be re*.c

3» Ecuador )t k* France. 5» Norway: In the case of: (i) a former national by birth who has resic.ed in the country till 18 yearti of age;-^ (ii) a woman having loot Norwegian nationalHy under previous legislation upon marrying an alien; (ill) a person havjLng lost Norwegian nationality under previous legislation by reason of expatriation.

X/ Under a special agreoment to which Denmark, Norway and Sweden are par*10 ' residence in one of the two othlf countries till the a^e of 12 1B considered eq.ua! to residence in the country, t**.1* nationality of tâ*®1* le acquired by privileged procedure. /6. Sweden* f E/2230 A/CNA/56 Page l8l

6, Sweden: ' In the case of: (i) a former national "by birth who has resided in the country till lu years of age;-^ (ii) a woman having lost Swedish citizenship under previous legislation upon marrying an alien. T« United Kingdom: In the case of a former national who lost nationality in childhocd under previous legislation, ^» Yugoslavia: In the case of a former national who lost nationality as a consequence of change of nationality by the parents, while still a minor. 177. (iii) In the following country a former national may reacquire the country1 s nationality by naturalization with waiver of some of tha statutory requirements: Japan - I78,, Note: in IVorway and Sweden the competent authority has discretionary .. • power,to waive statutory requirements for naturalization for any applicant. The law, however, mentions specifically the case of the former national,

~~b) Acquisition of nationality by children of nationals ani of former - nationals~~

179.1 (i) In the following countries nationality is acquired in certain cases by children of nationals or of former nationals by operation of law: •L« Denmark: If the legitimate child under 18 is born in the 27 country-' and the mother is a national, provided no other nationality has been acquired at birth or later.

1/ TJnier a special agreement to which Denmark, Norway and Sweden are. parties, residence in one of the two.other countries till the age of 12 is considered equal to residence in the country, the nationality of which is $cqtuired fcj privileged procedure. 2/ Unier a special agreement to which Denmark, Norway and Sweden are parties, birth In osae of the tv 3r countries, is considered as equal to birth in the country, the na ity of which is acquired,

~~/2. Finland: E/2230 A/CN.V56 Page l82~~

2» F inland; If the legitimate child is under 21 and the mother is a national, provided actual domicile is in Finland. 3» Norway: If the legitimate child under 18 is oorn in the country^/ and the mother is a national, provided no other nationality has been acquired,

~~k9 Sweden: If the legitimate child under 18 is Dorn in the country— ' and the mother is a national, provided nD other nationality- has been acquired.~~

l80# (il) In tha following countries nationality may be acquired by privileged procedures l^y children of nationals or of former nationals: 1, Belgium: When one of the parents is a nation il or a former national, 2. Burma: On application: (i) of the parent if the child is Btill a mlior; (ii) of the child :Lf it is of full age, 3« Ceylon: If the mother is a citizen by descens. 181. In Uruguay: The child of a national, born abroad, may acquire natural citizenship (as distinguished from nationality)- by privileged

procedure # 182, (iii) In the following countries nationality may be acquired by children of nationals and former nationals by naturalization, some or all of the statutory requirements for naturalization bein¿; waived. • 1. China 2. Japan SECTION H: Persons born in the country^' 1^3 • (i) In the following countrj.es persons born in the cour try acquire the country1s nationality under certain conditions by cperation of lav:

l/ Under a special agreement to which Denmark, Norway, and. Sweden are parties, birth in one of the two other countries,..is considered as equal to birth in the country, -the nationality of which is acquired. ^ .-..••. 2/ It will be noted that the countries mentioned in this section apply JHS sap^iiiniB as the means, for.-, determining nationality at b,3rth, The provisions ¡mentioned in urn tet are designed to mitigate to a. certain extent the effects of a staritift application of Jus sanguinis.

~~/l. PranceL8 E/2230 A/CN.V5Ó Page I83~~

•*•• France : If residing in France when reaching full age « £• Greece: If domiciled in Greece and do not possess any other nationality. l8^, (ii) In the following countries nationality may be accuired by privileged procedures by persons borri in the country: 1 » Belgium 2. Burma; On attaining majority if parents bejng aliens are

domiciled in Burna; provided he ic then permanently resident in the Union « 3- Denmark : If born in the country and resided in the country till the ago of 10.-^ ht France: When reaching full age. 5. Norway. If born ia the country and residing in the country till the age of XQM 6. Sweden: If born in the country and residing in the country till the age of 18.-' I85. (iii) In the following countries persons born in the country may acquire nationality by naturalization, some or all of the statutory requirements being waived: 1. China 2, Japan

~~SECTION III: Members of families of persons acquiring or reaoquiring the country's natiorality~~

~~a) Spouse of a person acquiring or reacquirlng the country1s nationality~~

1&6„ (i) In the following countries the wife of a person aciuiring or I reacquiring the country's nationality acquires the nationality of the : country by operation of law: ' ^« Belgium; When the husband reacquires Belgian nationality "by > option.

if Unc.er a special agrecíñr^ to vhich Derjrr.rlr^ ITor;^y, and Sweden are parties, residence in one of tttô 't^'ro other countries till the ago of 12 is considered equal to residence in the country, the nationality of which is acquired.

~~2 Ftt- / « China; 1^2230 A/CN.V56 Page 184~~

2» China: . When the hu^tand is naturalized, if the law of his country does not provide to the contrary, 18'7, (ii) In the folio-wing country the wife of a naturalized person may acquire the country's nationality either "by privileged procedure, or "by naturalization with a -waiver of statutory requirements: Belgium l88« Mention should aleo be made of facilities granted in certain countries

to the alisn spouoc cf ¿. rational Tor i.'.c<¿-¿i>L.YjL¿íg ^he country's C nationality c (See paragraphs 22 K..d 226 bis below) ^) Children of persons acquiring or reacqulilng the ceuntry's nationality l89. ( i) In the following countries children of persons acquiring or reacquiring the country's nationality inay acquire the nationality of the country by operation of law: • '!• Belgiums If the child is a minor and not emancipated. 2« China: If the child .Ls a minor and his national law does not provide to the contrary, 3» Ecuador : Naturalization extends to a child of the naturalized person under eighteen years» of age. ^* France: If the oûîld Ô.3 a ainor, 5« Israel: (Under fie Bill on Citii-,e::jship) If the child is a minor'. 6« Nor-way: Child under 3.8 years of a person aciuiring or reacquiring nationality by declaration (see Sectijnp I and II above)# 7, Sweden : Child under l8 years of a person acquiring or reacquiring nationality'by declaration (see Sections I and II above). 190» (j.i) In the :?ollo-*rins country one catCGory c-r children of persons acquiring nationality nay acq.ii ir es the country1 s nationality by privileged procedure: Burma: Minor children of an alian woman who has acquired national! 7

~~after marrying a oîtizou0~~

~~1 m. (i«> * E/2230 A/CN.V56 Page I85~~

3.91, (iii) In the following country or.s catsgory of children of.persons acquiring nationality may acquire nationality either by privilsged procedure, or by naturalization with a -waiver of statutory require nents. Belgium;: If the child la not a minor, nor emaneipat3d^ but has not reached the age of 25. 192. (iv) In the following countries the competent authority may, at its discretion, include or not children of the applicant when granting naturalization: ^•« lu™-*1 minor children » 2, Norway: unmarried children under 18 years of a 3e. 3« Sweden: unmarried children under l8 years of a53,

~~SECTION IV: Persons who have rendered certain services bo the country~~

193» (l) In the following country persons having rendered distinguished services to the country may acquiro nationality by privileged procedure: Ceylon 19^. (ii) In the following countries! persons having rendered distinguished services to the Country nay acquire nationality by naturalization^ all statutes y requirements be:.ng waived: 1. Belgiuia 2. Ecuador 3. Iran 195. (ill) In the following country persons having served honourably in the armed forces may acquire nationality by naturalization, certain statutory requirements being waived: Burma

~~SECTION V: ^i;s£jns^aj-în0 certain_s£(3C_ial connexion with tie country~~

3-96*. 1. Australia: Citizens of Ccimnonwealth countries (by privileged procedure). 2- Ceylon: Persons of Indian or Pakistani origin having entered the country before independence (by pri/ileged procedure) . : 3« Finland: I::tiennan." P.xidian and East-Corelian refugees (by naturalization, income requirement bwiag vailed); childr^.i u£ bli* ±iei-¿u-¿* ¿,tove born in

~~F:Lnland {hj operation of .JSL\T9 if t?orr¿ before the Law on ?Tetiorality) .~~

~~/ha Israel: E/223Û Page 1Ô6~~

**• I5£££3:: (^nder the Bill on Citizenship) Jews bcrn or returning to their homeland to take up residence (by operation of lav). 5. Jordan; Pales tiniane. (conditions unspecified). &• Norway; Nationals oí' Denmark, Finland, Iceland, or Sweden (by naturalization, statutory requirements being waived), 7. Pakistan; (i) Persons havinG migrated before the Commencement of the Pakistan Citizenship Act from any territory in the Indo-Pakistan sub- continent (by privileged procedure); (ii) citizen of a Commonwealth country (by privileged procedure), ^« Poland; Aliens having arrived in Poland without a specified citizenship befare 9 May 19*15 (by ex off icio decision of authorities). $'• Sweden; Nationals of Denmark, Finland, Iceland or Norway (by * naturalization, statutory ¡requirements being waived). 10. Syria; Gypsies, formerly stateless and settled :.n the country (grant of citizenship under certain unspecified conditions)« " . • H • United Kingdom and Colonies i (i) British protectecL persons (by naturalization, statutory requirements as 1io residence being reduced io 12 months or such shorter period as the Secretary of S taie may. decide and certain, other requirements being waived); (ii) citizens of Canada, Australia, New Zealand, the Union of South '"•- Africa, Newfoundland, India, Pakistan, Southsrn Rhodesia, and Ceylon, and of Eire (by privileged procedure under certain specified conditions),»

~~/III. 2£ E/2230 A/CN.V56 Page I87~~

~~113!. The question of reducing, as far as possible, the number of oases of a tti tele senes s created ' by the operation of nationality lavs~~

CE/OTER I. GENERAL COMMENTS CONCERNING THE PROBLEM OF RE-IXAMINING NATIONALITY IAWS WITH A VIW TO REDUCING, AS FAR AS POSSIBLE, TIES NUMBER OF CASES OF STATELESSNESS CREATED 3JY THE OPERATION OF SUCH IAVS

197» (a) Country -which states that it has not yet enacted a nationality law: Israel The reply further states i&at a Bill on Citizenship las been submitted to the Knesset., The Bill is in accordance with article 1*- of the Universal Declaration of Human Rights and the Council1 s recammendatj.on* 19&» (b) Countries which state that the operation 6f their nationality laws does not give rise to statelesÉiness : 1. Ceylon 2. Switzerland 199. (c) Country which states that the nationality of the cour try cannot be acquired otherwise than by birth in the country and cannot be lost: Uruguay For acquisition of citizenship (as distinct from Uruguayan nationality) see paragraph 163 above.

~~200# (d) Countries which state thai; the problem of reducing, as far as possible, the number of cases of 8tatelecisnesi3 resulting frcm the operation of nationality laws, has been solved:~~

1# C zechoslovakia 2. Iran 3. Poland 201, (0) Countries which state that- their nationality laws have been designed with a view to reducing, as far as possible, the number of cases of otatelessness resulting from the operation of their natiorality laws, but where statelessness may in ceriain cases occur: 1. Australia 6. Finland 11. New Zealand 2. Belgium 7- France 12. Norway 3, Canada 8. Greece 13. Swede1 fc. China 9- Ireland a*. Union of South Africa r Denmark a. apiin 15. United Kingdom 16. tJSa^ted States of America 3^2230 A/CN.V56 Pago 1138

202:. (:f) Beply táiioh contains i:iformation on grounds which give rise to stetelessriess under thé operation of the country's law Yugoslavia 203. (a) Country which states tliat the nationality rules provide for the Bolution of most cases of e^telessness: Ecuador The reply further statos that the nationality law* of the country are being revised to brine them in line with the moderr principles of International law» . . 2C&, The replies of the governments of the following countries contain statements giving the government's VIOTÎB on possible action, on a national or international level, for elimination of statelessness or for reducing the number of stateless persons;

~~2* France 3 • Turkey ••*-.,~~

~~/CHAPTEB U' E/2230 A/GWA/56 Page I89~~

~~CHAPTER II. ACQUISITION OF NATIONALITY AT BIKES~~

~~205• Countries which do not indicate how nationality at birth is acquired, but state that statelessnesa cannot occur as a result of the operation of their nationality lavs:~~

~~1# Ceylon 2. Ireland 206. Group I: Country stating tfeit it applies jus soli as the exclusive means for determining nationality at birth:~~

•1 • • Uruguay The reply further states thai: children of nationals born abroad may acquire citizenship (as distinct from nationality) by privileged procedure, 207. Group H: Countries stating that they apply jus soli at; primary means wrá jlBJL a&ngninis as secondary meems for determining nationality at birth: 1. Australia 2. Iran . 3« Israel (under the Bill on Citizenship)

k # New Zealand 5 • Union of South Africa 6• United Kingdom and Colonies 7* United States of Americg. In countries of this group a distinction must be made between children born in the country and children of nationals born abrid&d: 3- • Children born in the country Statelessness may hardly occur for children born iii the country, as they acquire the country1s nationality; there are, however, some exceptions, 1. Australia ' : 2. New Zealand ' " 3« Union of South Africa **• United Kingdom and Colonies and *'*' ••'•'' »:- 5» United States of America ' "• In Israel (und.er the BiJJL on Citizenship), a cñiHb'o^ in the country acquires the country's nationality, unless, in some cases, he acquires at birth another iv lity.

~~' ' '' •";/" " ' -. • »•- • /2t Children B/2230 A/CNA/56 Page 190~~

2« Children "born abroad _XA-JL* Statelesssneas may not ooour for children of nationals of the country boni abroad^ if they satisfy certain conditions laid down in the relevant texts . 208. Group IH. Country applying jus nanguinis as the sole means for determining nationality at birth: Switzerland; the legitimate child follows paternal affiliation and matorral affiliation if paternal affiliation does not secure a nationality; the illegitimate child follows material affiliation. 209, Group IV: Countries applying .lus san^uinis as a-primary means and Jus soli as a sec<3ndary means for determining nationality at birth: 1. Belgium 7. Japan 2. China 3. Norway 3« Denmark 9. Poland h. Finland 10. Sweden 5. France 11. Turkey 6. Greece In countries of this group there are considerable différences: (a) in the application of Jus sanguinls, and (b) in the extent to which provisions based on Jus soli supplement the application of Jus sanguinis: ""*" ^ • Application of jus aangujnjs A distinction ia generally mad© between childrsn born in and out of wedlock: (a) Legitimate children follow paternal affiliation. However, if paternal affiliation does not secure a nationality at birth, maternal affiliation is followed if the mother is a national in the followinc countries? *• flftfoft * 2, Finland 3, Japan en? when the ncthór Is a national of the country and the child fa tern tu the* oountry:

~~1. Denmark z% Noryy^ 3, Sweden-'~~

1/ Xbiñxx a special agreement, to which Denmark, Korway and Sweden are V**^*** the birth In one of the two oth$r eouhtriee is considered as eQue& to btrtn in the couniary. ¡^ pol¿j^ E/2230 A/CN. V56 Page 191

~~In Poland, the child acquires Polish nationality at "birth if any on© of the píirents is a Polish national (principle of~~

equality of the sexos)# (b) Illegitimate children Follow maternal affiliation. Supplementary provisions based on Jus soli (a) Children born In the country of unknown parents acquire the country's nationality: 1, Belgium 5. Japan 2. China 6. Norway 3. Finland 7* Poland h. Greece 8. Sweden foundlings are presumed to be born in the oounbry:

!• Belgium Km Norway 2» Finland 5. Poland 3» Japan 6. Sweden (k) Children born :tn the country of parents hiving no nationality acquire the country1's nationality: 1. China I*. Poland 2, Greece 5. Turkey 3. Japan For children born in Denmark, Norway or Sweden In wedlock when the father's nationality cannot be secured see 1. (a) above, (c) Chilclren born :Ln the country one of whose parents was born In the country acquires the country's nationality (jus soli at second degree): France For countries of this group mention should alSD be made of facilities granted to ohlldren born in the country :Tor acquiring the country's nationality at a later date. 210» Coun.tries stating that jus sangulnis requirements are supplemented by JUS soli requirements for deiiirmin:Lng nationality at birth: 1. Burma 2, Chechoslovakia /in these countries 1^2230 A/cm.h/56 Pag© 192

In these countries a distinction muet be made between children born in the country and children of nationals born abroad: •*•• Children born In the country In Burma and Chechoslovakia children acquire the country1 s nationality if one of the parente is a national of the country» ' *n Czechoslovakja. a foundling is deemed to be a Czechoslovak citizen un].ese proof to the contrary is adduced. Mention should be made of the provision of the Citizenship Act of the Union of Burma which grants facilities for acquiring th* country's nationality by a child born In Buirma from alien parents (see paragraph 184 above) • 2« Children born abroad In Burma the children oJ? a father T*ho is a citizen of Burma acquire the citizenship of Burma at Mrth, under certain conditions.

~~/CBAPTÏÏR HT« E/2230 A/CHA/56 Page 193~~

~~CHAPTER IH. EFFECTS OF CHANGES IN STATUS (HBCOCOTTIOIÎ, LEGITIMATION J\ND ADOPTION) ON NATIONALITY~~

211- The reply of one country states that statelessnesa cannon occur as a result of change) of status as the loss of the country*s nationality :Ls conditioned by the acquisition of a foreign nationality: Switzerland

Section I; Recognition of children "born out of wedlock 212. Countries stating that statelossness may occur, in certain cases, for children horn out of wedlock as a result of their recognition by their alien father or alien mother: 1. Belgium, 2. China 213» The replies also state that a stateless child may acquiro the country's nationality as a result of reco^iition "by a father or a mother who is a national of the country* 2lU. Mention should also he made o:f the following provisions: In Belgium a child born in the country and a child one o:T whose parents is €i national of the country may acquire the country's nationality by privileged procedure. In China a child one of whose parents is a national may acquire the country's nationality by naturalization with a waiver of statutory requirements•

Section II: Legitimation of children born out of wedlock as a result of the marriage of their parents 215» Countries stating that althoui^h legitimation may affect :he nationality of the child born out of wedlock, he cannot become stateless as ;he loss of the country 'a nationality is conditioned by the acquisition of a :Toreign nationalitys 1. Belgium, 2. Burma,^ 3* Finland, k* Norway, 5» Sweden, 6. United Kingdom and Colonies £i the countries mentioned above, a child, stateless at birth, may acquire the countryfgi nationality as a result of his legitimation, if the father is a national of> the country.

~~/Section III: E/2230 A/CK..U/56 Page 194~~

Section III: Adoption 2161 Countries stating that a stateless person may in certain cases acquire the country's nationality as a result of adoption "by a national of the country; 1. Burma, 2. China, 3. Israel (under the proposed BÜ3. on Citizenship), k. United Kingdom and Colonies*

~~/CHAFTER &• E/2230 A/CN.V56 Page 195~~

~~CHAPTER IV, EFFECTS OF MARRIAGE, OF CHANGES OF NATIONALITY 37 QTIE OF TÏÏE SPOUSES D'ORBTG MABRIAGE AM) OF TEE DISSOLUTION 01 MARRIAGE ON NATIONALITY~~

S£<:tíon^s !?•£££*c °? carriage on the nationality of t ae spouses I» Application of the nationality lav to a woman who is a national of the coun^¿ and mrries~ an alien (a) Countries where a voznan cannot become stateless vhen s tie marries an alien. 217* (:L) Countries stating that the nationality of the woman, vho is a national of the country, ia not' affected by her marriage with an alien: 1. Burma, 2* Ecuador, 3« Norway, k, Poland, ?. Sweden, 6* U^i^Gû Kingdom and Colonies, 7« Uruguay» In Israel (under the proposed Bill on Citizenship) the voman also retains her nationality; however she may opt out of it, provided she has acquired her husband's foreign nationality. 218.•.'. (i:L) Countries stating that the woman, who is a national of the country, loses that nationality, provided she acquires her husband's foreign nationality: •*•• Be.lgiuio, 2. Czechoslovakia, 3» Switzerlanio 219» • (i±:L) Coiuitries stating that the vorran, who is a national of the country, cannot "become stateless as a result of marriage with an alien, the reason "being unspecified; .1, Denmark, 2, Nev Zealand. 220, (iy) Countries stating in general that statelessness does not result frora the operation of their nationality laws: 1. Ceylon, 2o Ireland, 221. Note^: The implies of Ecuador, Israel and Poland state that the above raies aPPly also xQutay^ mutandia to the husband when he is a national of the country Sfcd marriea a voman vho is an alien. ^22. (^) Country stating that s tato le s sne s s may occur for a woman, who is a National of the country, when she cérriea an aii^r: China>

~~/The Chinese F/2230 A/CNA/56 Page 196~~

The Chinese vanan, when she marries an alien, may apply and obtain a release from Chinese nationality. The reply states that cases of stc.tslessrssss are not frequent*

II. Aj^>liceAion_o.f^ the rationality la,w to a woman who is an alien and marries a riîori£,I~of tlie" ôoi'ir.try ' " """ " " (a) Countrioe vhe:?e a woman cannot become stateless whon she marries a national of the country» 223. (i) Countries stating that <;he woman, who is an alien, acquires the country ' 8 nationality when she marries a national of the oountry: ~-8 SSiîlïï.' ^* ïEïzb 3* Israel (under the proposed Bill on citizenship). In Belgium and in Israel she may renounce the country's nationality, provided she retains (or re-acquires) her original nationality» 22*u g£i£.: Tê reP^y oi Israel states that the above rules apply also mutatis mutandis to the alien husband who marries a woman who is a national of the oountry. The replies of Belgium **nd of Iran state that statutory requirements for naturalisation are waived, in whole or in part, when the applicant is the husband of a woaan who is a national of the country and ohildren were born of

(b) Countries wñ«re a woraan may, in certain cases, become stateless vhen she marries a national of the country. 225. (i) Countrios stating that the woman, who is an alien, does not acquire tbe country's nationality when she marries a national of the country: •*•• ?.°jdrSft.> 2* Uruguay* 226. (ii) Countries stating that the woman, who is an alien, does not acquire ipso, jure tjí«í country's nationality vhen she marrios a national oí *ê country, "but D3ay acquire» the country's nationality either by privilege* proesd'ire, or by naturalization with a waiver of a!.l or of certain statutory roquiroraents: iit Ui!iír-?li:^ ^" 3SS"H!ai 3» Ç^t-Gâi î Çeylon, S Ecuador, ^' ü£5H£!:L> 7e ÍEPüíb 8* Palâetfcb:, 9» Norway, 10. Sweden, 11 r United Kingdom and Coônië'e, 12. YHgoslavj£.

~~/226 bis» E/2230 A/CN.V56 Page 197~~

226 bis. Note; The replies of Ceylon, Japan, Norway, Sweden and Yugoslavia state that identical or similar facilities for the acquisition of ths country*s nationality are granted to the alien husband of a woman who is a national of the country.

Section II: Effects of changea of nationality during marriage on the natio:aality of the other apouse (a) Countries where a woman cannot become stateless when her husband loses the country's nationality during marriage. 227. (i) Countries stating that tha loss of the country*s nationality is independent for each of t!ae spouses: 1. Burma, 2. Czechoslovakia, 3» Poland. 228. (ii) Country stating that the loss 'of the country's nationality by the wife when her husband voluntarily acquires a foreign nationality,-' ia conditioned by her acquiring the foreign nationality: Belgium. 229.(iii) Country stating that the country's nationality in geieral cannot be : lost unless another nationality is held or acquired; Switzerland* 230. (iv) Country stating that the laws and other texts provide, namely, for the solution oí* cases of ¡3tate>lessness resulting frao change in the husband's nationality aftor mexriage: Ecuador. 213. (v) Countries stating in general that statelessness does not result from the operation of their nationality laws: 1. Ceylon, 2. Ireland. 23^. (vi) Countries stating either :he cases where statelessne JS may occur as a result of the operation of their nationality laws, or the grounds on which the country's nationality may be lost, and :iot mentioning the change in the husband's nationality during marrlige amongst such cases or grounds: 1. Australia, 2. Peraoark, 3. Israel (under the proposed Bill on citizenship), k. New ZoaZand, 5- Norway, 6. Pakistan, 7» Sweden, 8. Turkey, 9.. Union of South Africa, 10, United Kingdom and Colonies, 11. United Spates of America, 12. Yugoslavia* i/ For "the case where the ^nsband is:- deprived of Belgian nationality, see paragraph 237 below* y«. , * E/2230 Page 198

~~23* e (??.i) Country stariiDg that the country's nationality maj' not be loot under &7?y c ir 3wTiS ^anc0s :~~

236* îïct'D; Tso ;.^plit-s of ££P2¿¿?3j:°jakie., 5jLra£i> Poland, anc Uruguay refer also to the saçfl VI-.-JTO tLe vi^o loses the country's nationality diring marriage, the husband',3 :i£',t1.crr;".itT is îiot affected. £37» (&) Co'.raï.ry vl:ore a vomejn rccy in some cases become stateless as a result of }yj the li'dSDeiic1. of the -oouritry1 s nationality:

~~TI13 reply states that the wife of á Belgian national deprived of his Bo!gi££i nationality is entitled to renounce Belgiar nationality.~~

Sect ion _ 11^: Effects of ¿iaaolution of r^r^iage on nationality ^ • ^£P:Ü£SÍiSL PL the rationality law to a woman vho has acQuired the country's natrpiialit^r b^ ¿arry-irig â national of the country . . Countries where a VOTÛLZÏ cannot become stateless as a result of dissolution of uarriage. 238• (i) Countries stating ths-t the dissolution of raastTiagedoe s not affect thr- netionality of the woman; •^° Sr:3v^^ 2* Ecuador . • • 239. (ii; Country stating that it applies-the principle of equality of the sexes:

2.Vo«(iii¡¡ Country stating.that the woman can renounce upon dissolution of the marriage tiie country's nationality acquired by marriage, provided she possesses or re-acquires a foreign nationality:

2i+l# (iv) Coiintry stating t2?at stateleesness carinot result fTDm dissolution of marriage, the i-'easou not bei¿.;g apecííieci; NowJZeo.liWif1- 21*2. {Y) CouxiLry stating that in all cases loss or renunciation of the country 8 nationality Í3 conditional upon possession or acquisition of a foreiÉP naticnj.lji.yí .

~~?^3e (vi) CouT^rí-cs st.n.\::.r».¿ In /^er.i?ráL -SfÈit statelessness doen not result froni~~

~~/the operation 2/2230 Pace 199~~

the operation o£ the country's nationality laws: •*•• VejlQtoj 2* Ireland 2lflf.(riiî 'Country stating that the country"s nationality cannot "bs lost uadei* any circumstances: ... U£HeH!sL 2lf5(viii) Countries stating either the cases where statelessness say occur as a result of the operation of their nationality lavs, or tae grounds on which the country's nationality may "be lost, zn* r.^t rr.n->tAn?->r)£ the "~ dissolution of marriage amongst such cases or grounds; ^•' Australia, 2* Denmark:, 3« Israel (under the propose:! EiJLl on Citizenship), k* Norway, 5« Pakistan, 6. Sweden, 7* S^ey, 8. Union of South Africa, 9* United Kingdom and Colonies, 10• United States of Amsrica, 11. Yugoslavia» ^# Application of the nationality lay to a woman vho has lost t ^p.SHÙ^Y^ nationarity by iiîarryinff an alien ~ ——-— Countries where fa»3ilities are panted to a woman, former national of the country, for re-acquiring the country's nationality • 2^« (i) Country stating that a woman, former national of tho country, May ro» ac<^uire the country's nationiility "by privileged procedure after dissolution of her marriage 'tfith an alien; Belgium 2^7. (il) Coimtries stating that former nationals of the country In general may re-acquire the country's nationality either by privileged procédures, or "by naturalization with a waiver of all or certain st-itutory requirements J 1- Denmark, 2, Ecuador, 3* France, k. Japan, 5. Narway, 6. Sweden, 7. United Kingdom and Colonies. E/22.30 A/CN.V56 Page 200

CHAPTER V. EFEECTS OF VOIL7S7ASY ACTS AFtfECTBTG TJE NATIONAL STATUS OF AW BTDIVIDtm:VOtT TH:^ IIATlOiiAiaaT OF THE INDIVIDUAL HIMSELF 1 ' •- ' "¿t;ID' 07 FIS CHILDREN Section I: Sffoc1?a_. pf voluntary acts affecting; the national1 '" ' ' g'lfi'fo^J^ c^ri..p.~n.aj!v"±aTLvailL on his own nationality (a) Countries where stataleasnóae does not occur for an individual as a result of a voluntary act affecting his nationality status: 248. (i) Countries stating'that thy relsass iroœ the country's nationality • becomes effective when th-s'psrco^ hold3 or acquires a foreign nationality: 1. ^ninsrk, 2« ïtSë?''? 3- ^¿££É.> ^" Sweden, 5. Switzerland, &' S2£°?.?.?drír ••'••'' 2^9» (ü) Countries sta-c Lri;- thai;- t.??.e r-ovn.'-^^s nationality may be renounced only

~~if the pci\>¿.í::> }^<.,.'.-.:•> •': .^i.c^.-.^.: ¿ia"¿xúu¿l.'LÜ¿/s~~

2^0*(ill) Country sta-!;ir.g tlat tli^ c :u:itr,y.'¿-citizenship may "be renounced or cancelled only £¿::tf-r the píj.ratri l:as acquired a foreign nationality: Israel '"(ti-icler the iU'Ll on Ci.r-isenahip) .... .•-. • 251» (iv) Country stating llwî:-"iahf s be.t^."!.e.«srÓ3o cannot arise tiirough vçluntary . renunciation or cltl^rnship" ' ••••.•

252« (v) Countries eivf^.j.rjg til-,;'' -chi ' "_or,3 o.r -¿ho country's nationality follovs the voluntrr;v a:-;;,..;^;-i/L:.cr '.-:> Ù f^.WQiça nationalityÎ i "1. Bej:^'vp:/ 2e IJ^^.- 3- ^V]^?1J ^- Frgjaee.y The •replie: ci 3^.;¿r-iv..i MY;, /-varice farther, state that in certain casos ' tli-s- Io3s oi" th? ôiîtiy r3 nationality l)y a person having acçuir-j.i ^û?.i;.r Warily ¿;. i'crui^ nationality necessitates a release iVucj t::^ cioyr^/;^1 :° njLr.ic-iie.lity- 253» (vi) Countries ^tatiag-in e-i--¿— ^f^J* si-^tslosaness do<$s not result iron the operation of trrir 3v.tic-i:oJ.lt7 la^s; 1. Ce^lüa_, ?., IríCív.'ó 25^»(vii) Country stating that 'ho couivbry's nabionality canrot be lost by acquisitior c-.: .„ .^^-:7^. j.i- :c.v¿11v, •:•, .f3ûr.ciaticn of the country s nationality : Urugue.y /(b) countries E/2230 Page 201

(l) Countries where statelossness may occur for an Individual as a result of a voluntary act affecting his national status: 255- (i) Country stating that s1,atelessness may occur from the operation of the legislative provision authorizing a citizen tc renounce the country1a citizenship while abroad, and, possibly, of the operation of the legislative provisions under which a citizen loses the country1 s citizenship ..n the case of naturalisâticn in a foreign state and of talcing an oath of allegiance ta a foreign state: United States of Jünerica 256» (ii) Country stating that átatelessness may occur from the operation of the legislative provision authorizing a national desiring to acquire a foreign nationality to apply for and to obtain a release fro» the 1 country's nationality: China 257.(iii) Country stating that s^atelessness may occur from the operation of legislative provisions allowing certain nationals of the country to surrender the country fu nationality; Union of South Africa 258.. (iv) For Belgium see paragraph 237 above and paragraph 262 below.

Section II« Effects of changes of the parent'a nationality on the nationality of the ohildren* (&) Countries where statelossness cannot occur for a ninor child when his parent acquires a foreign nationality: 259» (i) Country stating that the child does not lose ipso facto the country's nationality when his purent acquires a foreign nationality: Burma £60• (j.i) Country stating that a minor in general cannot lotie the country's nationality either automatically or by renunciation: United Kingdom and Colonies

26l#(iü) Countries stating that the loss by a minor of the country's nationality when his parent acquires a foreign nationality is subject to the acquisition by the minor of the foreign nationality: 1. Belgium,=yy 2o Norva£, 3» Sweden !/ Seu however paragraph 262 be. /262. (b) Countries E/2230 A/CNA/5'5 Page 202

262* (b) Countries stating that statelessnees may sometimes occur for a minor child when his parents lose the country's nationality upon acquiring a foreign nationality: 1» Yugoslavia The reply further states that the minor loses Jugoslav citizenship only if he has acquired a foreign nationality or has left the

: territory of the country. The minor is entitlad to re-acquire the country1s nationality by privileged procedore after having reached full age. " •' • 2" Belgium - The child of a person who has been deprived of his Belgian nationality is entitled to renounce Belgian nationality.

~~-I i\',n • •. •:~~

~~•'1 /CHAPTER VI• A/CW>/í?ü~~

~~CHAPTER VI. - WITHDRAWAL OF &1TIOHALITY~~

(a) Countries where statelessneas cannot occur as a result of vitiiçlrâwsl of the country's nationality: 263. (i) Group I - Country stating tiat the country*^ naH>ional£by cannot be withdrawn ; Uruguay 26fc. (ii) Group II - Country stating that the withdrawal of the country's nationality is subject to tie possession or acquisition by the p€>rson concerned of a foreign nationality: Switzerland 265. The reply of Ceylon states that atatelessness does not resuLt from the operation of the country's nationality laws. (b) Countries where statelessne3s may result in some cases from the withdre.wal of the country's natisnality: (i) Gi'Qup III - Countries stating that the country1 s nationality may be withdrawn solely, or generaLly, from such persons which have acquired it otherwise than at birth: 266. a) In the following sountries only persons haviig acquired the country's nationality Dtherwise than at birth may have it withdrawn : Âl Australia-1/ • Israel (under the proposed 2 Burma—'• Bill on CitizeishipH 3 Ecuador^7 New Zealand—^ W United Kingdom and Colonies-^ Ireland-7 1/ Grounds: seven years1 absence abroad otherwise than under specified cond.itj.ons; disloyalty or disloyal acts during a war; fraud or lack of good character-at the time of naturalization or registration; criminal conviction witfrin five years after naturalisation. • • 2/ Grounde :- fraud when acquiring certificate of naturalizatio:i or citizenship; .disloyalty; disloyal during a wa:r; criminal conviction within five .years of grant,of certificate; five years' absence abroad otherwise :han under specified conditions. 3/ Grounde: unspecified. Grounds: • unspecified. <* Grounds: fraud when obtaining naturalization. *J Gro'ionds: continued residîèhoè in country of origin (other grounds unspecified). V Grounds: fraud when obtaining., naturalization or registration; disloyalty; 'disloyal acts during a war; ordinal conviction within five years after becoming naturalized; five years'1 absence abroad otherwise :han under w- specified conditions. E/2230 A/CN.V5Ó Page 204

267, Country stating that the country's .nationality cannot be lost by a person hiring acquired it at birth thrcugh a unilateral act of the government: Denmark 268, (b) In the following countries in most cases only persona having acquired the country1s nationality otherwise than at birth may have their nationality withdrawn; however, in some cases nationality of other classes of nationals may also be withdrawn: 1. France^ 2/ 2, Pakistan^ j/1 3# Union of South Africa-

~~4# United States of America-'~~

l/ Grounds: Criminal conviction (naturalized nationals only^; behaviour in tho country as a foreign national (for persons possess i ag another nationality); residence abroad of the family for 50 yeatrs# 2/ Grounds: Fraud when obtaini:iG certificate of naturalization or of domicile (citizens by naturalization or migration) ; disloyalty, disloyal acts during a var, criminal conviction-.within five years of natural Lzation ^citizens- • by naturalization); seven years' absence abroad otherwine than under .. ••. specified conditions (all citizens). 2/ Grounds: Seven years' absence abroad otherwise than unc¡.er specified conditions (citizens by naturalization or registration), expiration of validity of the country's passport (certain citizens by descent), . hj Grounds: Entering armed forces of a foreign state-, accepting, or performing official duties in-a foreign state,] voting in a foreign political election, des art ing in time of war, committing treason or attempting overthrow of the government by force, departing from the country or zèmaining abroad in time of war or of national emergency in order to evade or avoid military service (class of oitiaens unspecified); residence abroad for specified periods of time under specified oondit'ióhs (naturalized citizens). /269. E/2230 A/CN, k/% Page 205

~~269. (ü) Group IV - Countries stating that in certain caaes nationality may be withdrawn from all cls.sses of nationals and in oi;her cases from particular classes of nationals only: 1. Belgium^~~

2# Turkey^ 3/ 3. Yugoslavia- 270. Countries stilting that under certain conditions nationality may "be withdrawn from nationals born abroad and not having resided ir the country till the age of twenty-two: 1. Denmark 2. Norway 3. Sweden

1/ Grounds: Grievous breach of the duties of a national (nationals having acquired nationality otherwise than from a national-born parent); criminal conviction for specified crime» und.er Military Penal Code (all classes of nationals). 2/ Grounds: Voluntary acquisition of foreign nationality without authority, voluntary military service in a foreign army, non -mil i tar; r service in a foreign state disregarding ordor to leave such service, sume service in tune of war without authority, failure to report for military service, desertion under specified conditions, military personnel on duty or on leave abroad when failing to report without showing good cause, failure to Register at a consulate when residing for five consecutivo years abroad (all citizens); attempt to undermine internal or external security of the country, failure to comply with duties imposed by legislation regarding military service (citizens by naturalization). 3/ Grounds: Fifteen years1 residence abroad otherwise than under specified conditions; refusal to repatriation of members of military forces etc, (all slasses of citizens); contravention to duties of a citizen during the war or before and m connexion, with the war (persons belonging ethnically to thi9 peoples with whom the ccuntry has been at war).

~~/CHAPTER VU. E/2230 A/CN.V56 Page 206~~

~~CHAPTER VTÏ. PROOF OF NATÏOI&LÏÏY~~

271, (a) Countries mentioning 1ihe manner in which the nationality of the country can be proved in ce.se o;f doubt: 1. 2. 3. h. 5 • United Kingdom and Colonies 272* (b) Country stating that the proof of nationality has been facilitated for persons born, residing and working in the country: Czechoslovakia