CONTENTS
À/CONF. 9/1-15
A/C0NF.9/ÏNF.1-2
A/CONF.9A.1-95
A/CONF.9AGO.1
UNITED NATIONS GENERAL 1959
ORIGUIAL: ENGLISH
UlMITJîiD MT1U1\IS UlWJMïNUJî,1 Ul\l THE JUL1M1MT1UW OR SEDUCTION OP FUTURE STATELESSNESS
Provisional Agenda
(Prepared by the Secretariat of the United Nations)
1. Opening of the Conference "by the Secretary-General
2. Election of the President
3. Adoption of the agenda
km Adoption of the rules of procedure
5. Election of Vice-Presidents
6. Organization of work
7. Examination of the question of the elimination or reduction of future statelessness
8. Adoption of conventions ) or other instruments and of the Final Act of the Conference
9. Signature of the Final Act and of the convention(s) or other instruments
59-O3W
(1
UNITED NATIONS Distr. GENERAL GENERAL A/CONF.9/2 ASSEMBLY 10 February 1959 ORIGINAL : ENGLISH
UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS
Provisional Rules of Procedure
(Prepared by the Secretariat of the United Nations)
/• 59-03^9 A/CONF.9/2 English Page 2
TABLE OF CONTENTS
CHAPTER I - REPRESENTATION AND CREDENTIALS
Rule
1. Composition of Delegations 2. Alternates or advisers 3- Submission of credentials , k. Provisional participation in the Conference ,
CHAPTER II - PRESIDENT AND VICE-PRESIDENTS
5 • Elections 6. "
CHAPTER III - SECRETARIAT
7- Duties of the Secretary-General and the Secretariat
8. Statements by the Secretariat
CHAPTER IV - CONDUCT OF BUSINESS
9. Quorum 10. General powers of the President 11. Speeches 12. Precedence 13• Points of order 1^. Time limit on speeches 15• Closing list of speakers l6. Adjournment of debate 17• Closure of debate 18- Suspension or adjournment of the meeting 19• Order of procedural motions 20• Proposals and amendments 21. Decisions on competence 22. Withdrawal of motions 23. Reconsideration of proposals and amendments 2k. Invitations to persons to give technical advice .... CHAPTER V - VOTING 25. Voting rights 26. Majority required for decisions 27. Method of voting 28. Conduct during voting 29. Division of proposals and amendments A/CONF.9/2 English Page 3 TABLE OF CONTENTS (continued)
Rule
30. Voting on amendments 10 31. Voting on proposals 11 32. Elections 11 33. " 11 3k. " • • ll 35. Equally divided votes 12
36. Errors in voting 12
CHAPTER VI - COMMITTEES, SUB-COMMITTEES AND WORKING GROUPS
37. Establishment of Committees, Sub-Committees and Working Groups ..... 12 38. Election of officers 12
39. Conduct of business . 12
CHAPTER VII - LANGUAGES AND RECORDS
1+0. Official and working languages 13 kl. Interpretation from a working language 13 k2. Interpretation from official languages 13 ^3. Interpretation from other languages 13 kk. Summary records 13 45. Language of documents and summary records 13 CHAPTER VIII - PUBLIC AND PRIVATE MEETINGS k6. Plenary meetings and meetings of committees Ik k"~[ • Meetings of sub-committees or working groups Ik ko. Communiqué to the Press Ik
CHARTER IX - SPECIALIZED AGENCIES, OTHER INTER- GOVERNMENTAL ORGANIZATIONS AND NON- GOVERNMENTAL ORGANIZATIONS
k$. Observers from Specialized Agencies and inter-governmental bodies . Ik- 50. Non-governmental organizations 1^4-
/•• A/CONF.9/2 English Page k
Rules of procedure of the United Nations Conference on the Reduction or Elimination of Future Statelessness
CHAPTER I - REPRESENTATION AND CREDENTIALS
Composition of delegations
Rule 1
The delegation of each State participating in the Conference shall consist of accredited representatives and such alternate representatives and advisers as may be required.
Alternates or advisers
Rule 2
An alternate representative or an adviser may act as a representative upon designation by the Chairman of the delegation.
Submission of credentials
Rule 3
The credentials of representatives and the names of alternate representatives and advisers shall be submitted to the Executive Secretary if possible not later than twenty-four hours after the opening of the Conference. The credentials shall be issued either by the Head of the State or Government, or by the Minister for Foreign Affairs. The President and Vice-Presidents shall examine the credentials and report without delay to the Conference.
Provisional participation in the Conference
Rule k
Pending a decision of the Conference upon their credentials, representatives shall be entitled provisionally to participate in the Conference.
/••• A/CONF.9/2 English Page 5
CHAPTER II - PRESIDENT AND VICE-PRESIDENTS
Elections
Rule 5
1. The Conference shall elect a President and two Vice-presidents from the heads of the delegations.
2. The President shall preside at the meetings of the Conference.
5. If the President is absent from a meeting or any part thereof, a Vice-President designated by him shall preside in his place.
Rule 6
The President, or Vice-President acting as President, shall participate in the proceedings of the Conference in that capacity. He shall not vote, but shall appoint another member of his delegation to vote in his place.
CHAFTER III - SECRETARIAT
Duties of the Secretary-General and the Secretariat
Rule 7
1- The Secretary-General of the Conference shall be the Secretary-General of the United Nations. He, or his representative,, shall act in that capacity in all meetings of the Conference and its Committees.
2. The Secretary-General shall appoint an Executive Secretary of the Conference and shall provide and direct the staff required by the Conference and its committees.
3- The Secretariat shall receive,, translate,, reproduce and distribute documents, reports and resolutions of the Conference; interpret speeches made at the meeetings, prepare and circulate records of the public meetings; have the custody and preservation of the documents in the archives of the United Nations; publish the reports of the public meetings; distribute all documents of the Conference to the participating Governments, and generally, perform all other work which the Conference may require.
Statements by the Secretariat
Rule 8
The Secretary-General or any member of the staff designated for that purpose may make oral or written statements concerning any question under consideration. A/CONF.9/2 English Page 6
CHAPTER IV - CONDUCT OF BUSINESS
Quorum
Rule 9
A quorum shall be constituted by the representatives of a majority of the States participating in the Conference.
General powers of the President
Rule 10
In addition to exercising the powers conferred upon him elsewhere by these rules, the President shall declare the opening and closing of each plenary meeting of the Conference., direct the discussions at such meetings, accord the right to speak, put questions to the vote and announce decisions. He shall rule on points of order and, subject to these rules of procedure, have complete control of the proceedings and over the maintenance of order thereat. The president may propose to the Conference the limitation of time to be allowed to speakers, the limitation of the number of times each representative may speak on any question, the closure of the list of speakers or the closure of the debate. He may also propose the suspension or the adjournment of the debate on the question under discussion.
Speeches
Rule 11
No person may address the Conference- without having previously, obtained the permission of the President. Subject to Rules 12 and 13 the President shall call upon speakers in the order in which they signify their desire to speak. The President may call a speaker to order if his remarks are not relevant to the subject under discussion.
Precedence
Rule 12
The Chairman or Rapporteur of a committee, or the representative of a sub-committee or working group may be accorded precedence for the purpose of explaining the conclusion arrived at by his committee, sub-committee or working group.
/••• A/CONF.9/2 English Page 7
Points of order
Rule 13
During the discussion of any matter, a representative may rise to a point of order, and the point of order shall be immediately decided by the President in accordance with the rules of procedure. A representative may appeal against the ruling of the President. The appeal shall be immediately put to the vote and the President's ruling shall stand unless overruled by a majority of the representatives present and voting. A representative rising to a point of order may not speak on the substance of the matter under discussion.
Time limit on speeches
Rule Ik
The Conference may limit the time to be allowed to each speaker and the number of times each representative may speak on any question. When the debate is limited and a representative has spoken his allotted time., the President shall call him to order without delay.
Closing of list of speakers
Rule 15
During the course of a debate the President may announce the list of speakers and, with the consent of the Conference, declare the list closed. He may, however, accord the right of reply to any representative if a speech delivered after he has declared the list closed makes this desirable.
Adjournment of debate
Rule l6
During the discussion of any matter, a representative may move the adjournment of the debate on the question under discussion. In addition to the proposer of the motion, two representatives may speak in favour of, and two against, the motion, after which the motion shall be immediately put to the vote. The President may limit the time to be allowed to speakers under this rule.
Closure of debate
Rule 17
A representative may at any time move the closure of the debate on the question under discussion, whether or not any other representative has signified / A/CONF.9/2 English Page 8 his wish to speak. Permission to speak on the closure of the debate shall be accorded only to two speakers opposing the closure, after which the motion shall be immediately put to the vote. If the Conference is in favour of the closure, the President shall declare the closure of the debate. The President may limit the time to be allowed to speakers under this rule.
Suspension or adjournment of the meeting
Rule 18
During the discussion of any matter, a representative may move the suspension or the adjournment of the meeting. Such motions shall not be debated, but shall be immediately put to the vote. The president may limit the time to be allowed to speaker moving the suspension or adjournment.
Order of procedural motions
Rule 19
Subject to rule 13, the following motions shall have precedence in the following order over all other motions before the meeting:
(a) To suspend the meeting; (b) To adjourn the meeting; (c) To adjourn the debate on the question under discussion; (d) For the closure of the debate on the question under discussion.
Proposals and amendments
Rule 20
Proposals and amendments shall normally be introduced in writing and handed to the Executive Secretary of the Conference who shall circulate copies to the delegations. As a general rule, no proposal or amendment shall be discussed or put to the vote at any meeting of the Conference unless copies of it have been circulated to all delegations not later than the day preceding the meeting. The President may, however, permit the discussion, consideration of and voting upon proposals or amendments even though these proposals or amendments have not been circulated or have only been circulated the same day.
Decisions on competence
Rule 21
Subject to rule 13, any motion calling for a decision on the competence of the Conference to discuss any matter or to adopt a proposal or an amendment submitted to ti shall be put to the vote before the matter is discussed or a vote is taken on the proposal or amendment in question. A/COWF-9/2 English Page 9
Withdrawal of motions
Rule 22
A motion may be withdrawn by its proposer at any time before voting on it has commenced, provided that the motion has not been amended. A motion which has thus been withdrawn may be reintroduced by any representative.
Reconsideration of proposals and amendments
Rule 23
When a proposal or amendment has been adopted or rejected it may not be reconsidered unless the Conference, by a two-thirds majority of the representatives present and voting, so decides. Permission to speak on the motion to reconsider shall be accorded only to two speakers opposing the motion after which it shall be immediately put to the vote.
Invitations to persons to give technical advice
Rule 2k
The Conference may invite to one or more of its meetings any person whose technical advice it may consider useful for its work.
CHAPTER V - VOTING
Voting rights
Rule 23
Each state represented at the Conference shall have one vote.
Majority required for decisions
Rule 26
1- Decisions of the Conference, other than decisions under rule 23, shall be made by a majority of the representatives present and voting.
2. For the purpose of these rules, the phrase "representatives present and voting" means representatives present and casting an affirmative or negative vote. Representatives who abstain from voting shall be considered as not voting. A/COEF.9/2 English Page 10
Method of voting
Rule 27
The Conference shall normally vote "by show of hands or "by standing, "but any representative may request a roll-call» The roll-call shall "be taken in the English alphabetical order of the names of the States participating in the Conference beginning with the delegation whose name is drawn by lot by the President,
Conduct during voting
Rule 28
1. After the President has announced the beginning of voting,, no representative shall interrupt the voting except on a point of order in connexion with the actual conduct of the voting. The President may permit representatives to explain their votes, either before or after the votings except when the vote is taken by secret ballot» The President may limit the time to be allowed for such explanations.
2O For the purpose of this rule "voting" refers to the voting on each individual proposal or amendment.
Division of proposals and amendments
Rule 29
A representative may move that parts of a proposal or of an amendment shall be voted on separately. If objection is made to the request for division, the motion for division shall be voted upon» Permission to speak on the motion for division shall be given only to two speakers in favour and two speakers against. If the motion for division is carried, those parts of the proposal or of the amendment which are subsequently approved shall be put to the vote as a whole. If all operative parts of the proposal or of the amendment have been rejected, the proposal or the amendment shall be considered to have been rejected as a whole.
Voting on amendments
Rule 30
When an amendment is moved to a proposal, the amendment shall be voted on first. When two or more amendments are moved to a proposal, the Conference shall first vote on the amendment furthest removed in substance from the original proposal and then on the amendment next furthest removed therefrom, and so on until all the amendments have been put to the vote. Where, however, the adoption of one amendment necessarily implies the rejection of another amendment, the latter amendment shall not be put to the vote. If one or more amendments are adopted, the amended proposal shall then be voted upon. A motion is considered an amendment to a proposal if it merely adds to, deletes from or revises part of that proposal. A/COKF.9/2 English Page 11
Voting on proposals
Rule 31
If two or more proposals relate to the same question,, the Conference shall, unless it decides otherwise, vote on the proposals in the order in which they have been submitted. The Conference may, after each vote on a proposal, decide whether to vote on the next proposal.
Elections
Rule 32
All elections shall be held by secret ballot unless otherwise decided by the Conference.
Rule 33
1» If, when one person or one delegation is to be elected, no candidate obtains in the first ballot a majority of the representatives present and voting, a second ballot restricted to the two candidates obtaining the largest number of votes shall be taken. If in the second ballot the votes are equally divided, the President shall decide between the candidates by drawing lots.
2» In the case of a tie in the first ballot among three or more candidates obtaining the largest number of votes, a second ballot shall be held» If a tie results among more than two candidates, the number shall be reduced to two by lot and the balloting, restricted to them, shall continue in accordance with the preceding paragraph»
Rule 3^
When two or more elective places are to be filled at one time under the same conditions, those candidates obtaining in the first ballot a majority of the representatives present and voting shall be elected. If the number of candidates obtaining such majority is less than the number of persons or delegations to be elected, there shall be additional ballots to fill the remaining places, the voting being restricted to the candidates obtaining the greatest number of votes in the previous ballot, to a number not more than twice the places remaining to be filled; provided that, after the third inconclusive ballot, votes may be cast for any eligible, person or delegation. If three such unrestricted ballots are inconclusive, the next three ballots shall be restricted to the candidates who obtained the greatest number of votes in the third of the unrestricted ballots, to a number not more than twice the places remaining to be filled, and the following three ballots thereafter shall be unrestricted, and so on until all the places have been filled. A/COW. 9/2 English Page 12
Equally divided votes
Rule 35
If a vote is equally divided on matters other than elections, the proposal shall be regarded as rejected.
Errors in voting
Rule
Unless it can be shown by a representative or the Secretariat,, to the satisfaction of the President, that a clerical or arithmetical error has occurred., the results of voting on a proposal or amendment, as announced by the President, shall be final and conclusive.
CHAPTER VI - COMMITTEES, SUB-COMMITTEES AND WORKING GROUPS
Establishment of Committees, Sub-Committees and Working Groups
Rule 37
The Conference may establish such committees, sub-committees and working groups as may be necessary for the performance of its functions and define the terms of reference and composition of each committee.
Election of officers
Rule 38
Each committee and sub-committee shall elect its own officers.
Conduct of business
Rule 39
So far as they are applicable, the rules of procedure of the Conference shall aPPly to the proceedings of the committees and sub-committees. A committee or a sub-committee may dispense with certain language interpretations. A/COÏÏF -9/2 English Page 13
CHAPTER VII - LANGUAGES AND RECORDS
Official and working languages
Rule Ho
Chinese,, English,, French, Russian and Spanish shall "be the official languages of the Conference. English, French and Spanish shall be working languages.
Interpretation from a working language
Rule kl
Speeches made in any of the working languages shall be interpreted into the other two working languages.
Interpretation from official languages
Rule k2
Speeches made in either of the other two official languages shall be interpreted into the three working languages.
Interpretation from other languages
Rule kj
Any representative may make a speech in a language other than the official languages. In this case he shall himself provide for interpretation into one of the working languages. Interpretation into the other working languages by the interpreters of the Secretariat may be based on the interpretation given in the first working language.
Summary records Rule hk
Summary records of the plenary meetings of the Conference and of the meetings of its committees shall be kept by the Secretariat. They shall be sent as soon as possible to all representatives who shall inform the Secretariat within three working days after the circulation of the summary record of any changes they wish "to have made.
Language of documents and summary records
Rule k5
Documents and summary records shall be made available in the working languages A/C0KF.9/2 English Page ik
CHAPTER VIII - PUBLIC AMD PRIVATE MEETINGS
Plenary meetings and meetings of coinnittees
Rule k6
The plenary meetings of the Conference and the meetings of its committees shall be held in public unless the body concerned decides that exceptional circumstances require that a particular meeting be held in private.
Meetings of sub-committees or working groups
F.aie ^7
As a general rule meetings of a sub-committee or working group shall be held in private»
Communique to the Press
Rule 1+8
At the close of any private meeting a communique may be issued to the Press through the Executive Secretary.
CHAPTER IX - SPECIALIZED AGENCIES, OTHER INTER-GOVERNMENTAL ORGANIZATIONS AND NON-GOVERNMENTAL ORGANIZATIONS
Rule lj-9
1, Observers of specialized agencies and inter-governmental bodies invited to the Conference may participate, without the right to vote, in the deliberations of the Conference and its committees, upon the invitation of the President or Chairman, as the case may be, on questions within the scope of their activities»
2. Written statements of such specialized agencies and inter-governmental bodies shall be distributed by the Secretariat to the delegations at the Conférence.
Rule 50
Non-governmental organizations attending the Conference may, upon the invitation of the President, submit written or oral statements to the Conference on subjects for which these organizations have a special competence. UNITED NATIONS Distr. GENERAL
A/CONF.9/3 13 February 1959
ORIGINAL: ENGLISH
UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS
Memorandum Concerning the Method of Work and Procedures of the Conference
The Secretariat of the United Nations
59-03716
(13 P.) A/CONF.9/5 English Page 2
TABLE OF CONTENTS
Page
l. Introduction ...... 3
II. Provisional Agenda h
III. Provisional Rules of Procedure ...... h
IV. Working Schedule of the Conference ...... 10 A/CONF.9/3 English Page 3
I. Introduction
1. By resolution 896 (iX) of h Eecember 195^ on the Elimination or reduction of riitui'i-: rrtatelessness, the General Assembly., inter alia, and considering that the International Law Commission had submitted revised drafts of the Convention on the Elimination of Future Statelessness and the Convention on the Reduction of Future Statelessnes,—' expressed in paragraph 2 "its desire that an international conference of plenipotentiaries "be convened to conclude a convention for the reduction or elimination of future statelessness as soon as twenty States (had) communicated to the Secretary-General their willingness to co-operate in such
7 2/ a conference 'c—' Paragraph 5 of that same resolution requested the Secretary- General
"(a) To communicate;, together with the present resolution, the revised draft Conventions to Member States and to each non-member State which is or hereafter becomes a member of one or more of the specialized agencies of the United Nations or which is or hereafter becomes a Party to the Statute of the International Court of Justice;
M(b) To fix the exact time and place for the conference., to issue invitations to those States to which the revised draft Conventions have been communicated and to take all other measures for the convening of the conference and for its operation in case the condition stated in paragraph 2 above is met;
2. The Secretary-General communicated the texts of these draft Conventions to the States referred to in paragraph 3 (a), principally by letters dated 8 and 10 February 1955 "but also by subsequent letters to newly-admitted Member States as and when they ¥ere admitted. In the same letters the Secretary- General requested the States to inform him whether or not, they intended to participate in the Conference envisaged by the resolution. 3. By a further letter dated 11 August 1958 the Secretary-General informed. those States that the condition contained in paragraph 2 of the resolution
1/ Official Records of the General Assembly, Ninth Session, Supplement No. 9 (A/2693), chapter II. '
2/ Ibid,, Supplement No. 21 (A/2890), ppa ^9-50e
/• A/CONF.9/3 English page k
nad "been fulfilled and that, accordingly, he had decided to convene the United Nations Conference on the Elimination or Reduction of Future Statelessness at the European Office of the United Nations, Geneva, "between 2k March and 17 April 1959.
ka In pursuance of the request in paragraph 3 ("b) of the resolution, to "take all other measures for the convening of the Conference and for its operation.„„", the Secretary-General, inter alia, has prepared the present memorandum concerning the method of work and procedures of the Conference,, The provisional agenda and the provisional rules of procedure, to which this memorandum refers, are
circulated as separate documents of the Conference (A/C0NFB9/l and A/CONFa9/2)a
II. Provisional Agenda
5. The provisional agenda of the Conference is largely self-explanatory. Two of the items, namely, item 7 on the "Examination of the question of the elimination or reduction of .future statelessness" and item 8 on the "Adoption of convention(s) or other instruments and of the Final Act of the Conference", cover the substantive part of the work of the Conference and stem from operative paragraph 2 of resolution 896 (ix).
Ill» Provisional Rules of Procedure
6. The provisional rules of procedure of the Conference are, in general, those now accepted as standard for international conferences convened under the auspices of the United Nations and similar in scope and size to the present
Conferencee— It may, however, "be of interest to draw attention to certain aspects of the work envisaged for the present Conference and to those parts of
the rules which will govern theme
3/ For examples of similar rules see those of the United Nations Conference on
Declaration of Death of Missing Persons, I95O (A/CONFB1/3); United Nations Conference on the Status of Refugees and Stateless Persons, 1951 (A/C0NF«2/3/Rev.l); Fourth United Nations Technical Assistance Conference, 1953 (A/CONF.5/1); United Nations Conference on the Status of Stateless Persons, 195^4- (E/CONF.I7/2); the International Technical Conference on the Conservation of the Living Resources of the Sea, 1955 (A/CONF.1O/U/Rev.l)J United Nations Conference on Maintenance Obligations, I956 (E/C0NF.2l/2); United Nations Conference on a Supplementary Convention on the Abolition of Slavery, etc., 1956 (E/CONF.2V2).
/ o 0 o A/CONF.9/3 English Page 5
(a) Basic proposals
7» First., it would be desirable for the Conference to decide., at an early stage, what will constitute the basic proposals before it. In view of the consideranda set out in resolution 896 (ix), it is suggested that the Conference should take the articles contained in one or other of the two draft Conventions prepared by the International Law Commission as the basic proposals before the Conference* It was the view of the Commission that the General Assembly "could consider the question whether preference should be given to the draft Convention on the Elimination of Future Statelessness or to the draft Convention on the Reduction of Future Statelessness",-^ Although, in resolution 896 (ix), the General- Assembly did not express such a preference, paragraph 2 of the résolution envisaged the purpose of a conference as being to conclude a conventi^n for
;r the reduction or elimination of future statelessness. », „ B It "becomes clear, therefore, that it has always been anticipated that the Conference would have to choose between the two drafts and, indeed, the very nature of the two drafts suggests that any given State could only accept one or other of the two drafts. It is suggested, therefore, that the Conference should decide, at an early stage, which of the two draft Conventions it would take as the basis for its work- This decision would have as its sole purpose the promotion of an orderly and constructive method of work, for it would be extremely difficult to treat the two Conventions simultaneously and as proposals of equal standings The decision would not necessarily imply a choice between the two draft Conventions which would irrevocably determine the pattern and purpose of any convention to be eventually adopted by the Conference, Subsequent discussion and study by the Conference of the basic proposals and of amendments introduced to those proposals, whether of the character of the articles of the draft Convention not chosen as the basic proposals or of a completely different character, would alone determine the content of a convention acceptable to the Conference9 The choice of one draft Convention would most certainly not exclude the fullest consideration by the Conference of the merits of the other.
2y Official Records of the General Assembly9 Ninth Session,, Supplement No» 9 1A/2693)7"chapter II, paraa l^o A/CONF.9/3 English Page 6
8e In practice, the procedure would be as follows. In the event of the draft Convention on the Elimination of Future Statelessness being preferred, the articles of that Convention would constitute the basic proposals before the Conferences Hence, States wishing to limit or alter the obligations envisaged in these articles could do so by introducing amendments to add additional paragraphs or phrases on the lines of the additional paragraphs or phrases in the corresponding articles of the draft Convention on the Reduction of Future Statelessness, or by introducing amendments of a quite distinct character such 5/ as, for example, those envisaged jn the Tanish Mémorandum.— as amendments to the initial articles of the drafts. 9* On the other hand, if the Conference were to prefer the articles of the draft Convention on the Reduction of Future Statelessness as the basic proposals, then States wishing to adopt more stringent obligations could introduce amendment to delete phrases or paragraphs from the articles of that Convention so as to bring the articles more into line with the corresponding articles of the draft Convention on the Elimination of Future Statelessness. Of course, the possibilit of States introducing amendments which would even further limit the obligations envisaged in the draft Convention on the Reduction of Future Statelessness cannot be ignored* There would thus exist both amendments which would limit the obligations, and amendments which would add to them» In this event there may be a possible disadvantage in choosing the Convention on the Reduction of Future Statelessness as the basic proposal since, for the purpose of determining the order of voting under rule 30, it might be difficult to decide which amendments were "furthest removed in substance" from the basic proposal. 10» Whichever of the two draft Conventions is preferred, all motions which would seek to add to, delete from or revise the basic proposals would be treated as amendments under rule 30 of the provisional rules of procedure for the purpose of voting*, This would not mean that proposals stricto sensu could not be
5/ Transmitted by the Secretary-General to all States invited to the Conference in August 1955 (English text) and in October 1957 (French text). Both texts have also been transmitted to the newly»admitted Member States. The memorandum will also be issued as a Conference document (A/C0WF.9/^)° A/CONF.9/5 English Page 7 submitted by delegations. For example, a proposal that the Conference should recommend that the General Assembly or some other body should undertake further studies or action would be a proposal stricto sensu, for it would not affect the text of the basic proposals before the Conference.
(b) Work in Plenary or Committees of the Whole
11. Second, and assuming the basis of the work of the Conference has been decided upon, the Conference will have to determine by what method it might most profitably proceed with its work»
12. The Conference has, perhaps, two alternatives before its It could proceed itself with the substantive work of considering and voting upon proposals and amendments in plenary, either with or without a general debate as a preliminary to the discussion of the articles seriatim., 13» As an alternative, the Conference could decide to establish one or more committees of the whole to undertake the substantive work involving the detailed consideration of the proposals and amendments before the Conferences This alternative must necessarily depend upon some division of the work being practicable,, A division between the preamble and articles 1-^ inclusive on the one hand, and articles 5ral° inclusive on the other might be possible. This division would correspond roughly to a division between those articles dealing with acquisition of nationality and those dealing with loss of nationality,, Article 11 might also be dealt with separately, for, as distinct from the substantive rules contained in the Conventions, this article deals with the machinery for the application and interpretation of those rules„ However, whilst one view may be that division of the work of the Conference in this way would not hinder the development of a complete set of draft articles for adoption by the Conference in one or more instruments, another possible view is that the obligations envisaged represent so integral a whole that division is impractical] it will be for the Conference to decide between the two views. I1*-. In this connexion it will be observed that, since the facilities available to thu Conference will permit only one fully-serviced meeting in the morning and one in the afternoon (see para» 20 below), there will be no advantage in dividing the work between committees if the same representatives are sent to
/ o e s A/CONF.9/3 English Page 8
each committee„ The system would possibly have the disadvantage of forcing the same representatives to deal with one part of the draft Convention in the morning and a different part in the afternoon, and thus prove more inconvenient than a continued concentration upon one particular part* The relative merit of one or other procedure can best be determined by the participating States in the light of the size and composition of their delegations. 15« For these reasons the provisional rules of procedure do not provide for a specific number of committees, Rule 37 simply gives to the Conference a general
power to set up committees, sub-committees and working groupse Under this rule the Conference may, of course,, establish a drafting committee» Such a committee should not- normally deal with the substance of drafts provisionally adopted» The task of a drafting committee would, however, include preparing the Final Act of the Conference, and it might also render valuable assistance in drafting the preambular and final clauses of any convention or other instrument that might be adopted,, At the same time, experience has shown that certain of the final clauses now customary in many international conventions raise matters of substance which should not be left to a drafting committee without guidance from the body dealing with the substance of the drafts for example, the question of whether reservations are to be permitted, and if so to which articles of the convention, or the questicn of whether or not a denunciation clause should be inserted,
l6o Although the method of work envisaged above does not anticipate more than one convention emanating from the Conference, as, indeed, the International Law Commission or the General Assembly did not, it should not be thought impossible that a group of States might wish, in a separate protocol or convention, to accept a series of obligations more stringent than those adopted by the majority. If such a group of States were willing to accept more stringent obligations, the Conference might establish a committee comprising those States to draft a separate protocol or convention» The outcome might well be that, assuming the Conference were to adopt a "reduction" convention, this group of States could undertake more stringent obligations inter se by means of a separate protocol or convention on the lines of the draft Convention on the Elimination
of Future Statelessnesso
/ C O B English Page 9
17. In order to decide upon such questions as are raised in the previous ten paragraphs, it is suggested that the Conference, in considering item 6 of its agenda, "Organization of Work", should limit itself to the discussion necessary to determine (a) which of the two draft Conventions to adopt as the "basis of its work,, (b) what division of that work can practicably be made and,, thus, (c) what committees, if any, are necessary in order to carry it out»
(c) General debate_
18. Third., it will be for the Conference to decide, whether or not a general debate, as such, could not be dispensed with and the view of delegations expressed in connexion with the discussion of the actual proposals and amendments before the Conferences There will doubtless be a fairly general discussion over the question of which of the two draft Conventions should be preferred as the basis of the work of the Conference, and such discussion might serve the same purpose as a general debate8 In any event, it is suggested that, if a general debate is deemed necessary, it should not continue beyond the first week of the Conference«
(d) Vot ing
^•9« Lastly, mention may be made of the voting procedurea Under rule 26, decisions of the Conference shall be made by a majority of the representatives present and voting; and, under rule 39.? "the same will apply to decisions of committees.—' However, in committees, as in the plenary Conference, a decision to reconsider a proposal or amendment shall, under rule 2J, require a two-thirds majority of representatives present and voting0™-'
2/ A simple majority rule was adopted by the following conferences: United Nations Conference on Freedom of Information, 19^8; United Nations Conference on Declaration of Death of Missing Persons, 1950; United Nations Conference on Status of Refugees and Stateless Persons, 1951j United Nations Conference on Status of Stateless Persons, 195^; International Conference on Conservation of Living Resources of the Sea, 1955; United Nations Conference on Maintenance Obligations, I956; United Nations Conference on a Supplementary Convention on the Abolition of Slavery, 1956,
1/ As in rules 83 and 12k of the rules of procedure of the General Assembly (A/3660). A/CONF.9/3 English Page 10
IV. Working; Schedule of the Conference
20e The facilities available to the Conference -will permit one fully-serviced meeting to be held in the morning and one in the afternoon, Monday through
Friday» Working hours will be from 10 aomo to 1 pome and from 3 ponu to 6 pom, However_, although these must be regarded as the normal rules, they will be sufficiently flexible to allow for variation when the work of the Conference demands it. UNITED NATIONS Distr. GENERAL GENERAL A/C0NF.9A ASSEMBLY 15 January 1959 ORIGINAL: ENGLISH/FRENCH
UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS
Denmark: Memorandum with Draft Convention on the Reduction of Statelessness
Note: At the request of the Danish Government this memorandum with the draft convention was circulated to States invited to the Conference? the English text in August 1955 ancL the French text in October 1957» Eoth texts have also "been transmitted to the newly admitted Member States, In a note of 21 November 1958 addressed to the Secretary-General of the United Nations, the Danish Government stated that it had no further comments to add to those contained in the memorandum.
59-008^2
(25 P.) A/C0NF.9A English Page 2
Table of Contents
Page
Memorandum 3
Draft Convention on the Reduction of Statelessness . 1^
Comments . * „ 21 A/'COM1.9 A English Page 3
MEMORANDUM
The Royal Danish Government have re-examined the Draft Conventions on Elimination and Reduction., respectively., of Statelessness, as prepared by the United Nations International Law Commission in their revised form and found in the report on the sixth session of the Commission (A/CN.^/88).—' During this examination attention has particularly "been directed to the question whether it may "be expected that countries whose legislation is not already "based on the principles contained in the Drafts., will accept these Drafts» Consequently it has "been found expedient to consider whether the aim pursued., namely to eliminate statelessness entirely, or, at any rate., reduce the number of cases materially, may be attained by the complex of provisions proposed by the International Law Commission alone, or whether it may be recommended to approach this aim by other means and thereby achieve greater adherence to the convention or conventions. In the opinion of the Danish Government it would be unrealistic to ignore the sociological and other factors underlying the choice by States between jus soli and jus sanguinis as a fundamental principle of their nationality laws. Just as unrealistic would it be to ignore the changes in attachment between the individual and the State which may occur, particularly during the period from birth and until the individual reaches the age of maturity. As regards jus soli, which the International Law Commission has adopted as the basis for its Drafts, it may be taken for granted that a great number of countries, including Denmark, will not be able to accept the principle that mere birth in, for instance,, Danish territory is sufficient to establish any real attachment to Denmark. It is typical that jus soli is to be found mainly in countries which, by virtue of their geographical location and on account of their immigration laws, are particularly apt to receive such foreign families as, already at their arrival, may be presumed to have the intention of remaining there forever and are regarded beforehand as acceptable for permanent settlement !n the immigration country. Particularly as far as a series of overseas countries are concerned, various reasons, including the cost of the journey and the difference in the cost of living, will cause individuals intending a merely "temporary stay to bring their families in a limited number of cases only. i/ Also published in Official Records of the General Assembly, ninth session, Supplement No. 9 (A/269371 / ^ A/C01S1F.9A English page k
In other countries, for instance in Denmark, the position is quite different; here there is no previous selection of the aliens who may "be expected to "be admitted forever, and no advance decisions, often more or less statutory and invariable, are made in this respect,, It would "be contrary to the prevailing liberal and flexible practice - and thus in the long run detrimental to the stateless - if a scheme was adopted according to which a person who only obtains a residence permit limited as to time or otherwise, normally cannot have his alien status changed or can obtain this change only with great difficulty. It is, therefore, the opinion of the Danish Government that no changes in the nationality legislation can be advocated which may result in a change in the existing system, according to which it is the most common practice that an alien may enter this country with a limited purpose in view without any previous strict examination and decision concerning his suitability for future assimilation; it then depends on the individual circumstances and the conditions prevailing at the time in question whether later on the stay is prolonged and eventually assumes a permanent character» It should also be kept in view that it is particularly the countries that do not base their legislation on ;jus__soli which, by virtue of their geographical location, are liable to receive from their neighbouring countries without any previous examination whatever of the individual person's suitability for admittance a large influx of refugees - often stateless persons or persons likely •:•:•• become stateless,; these countries thus shoulder beforehand a great burden for the benefit of the group of persons at which the Draft Conventions aim* In Europe, at any rate, It is not unusual, on account of the relatively short distances and the comparatively low cost of living, that even ordinary aliens are accompanied by their families even during the period when their residence Is still of a temporary character. Movements from one country to another are so common that it is Impossible to count on any probability that the families, including the children born in a particular country, will remain there. Under such circumstances it is not possible to apply jus soli. With a passing reference only- to the possibility that - provided the proposed ,ius_j3oli rule Is adopted - the children of such persons will often possess A/COW.9/h English Page 5 different nationalities according to the country in which the parents happened to "be at the time of the individual child1 s "birth, the Danish Government must "be of the opinion that in such circumstances a nationality based merely on jus soli will, in most cases, be of quite a nominal character» It must, however, be admitted that just as weighty objections may be raised against jus sanguinis. If, without limitations, the ancestors' nationality is inherited through generations, this may cause just as unreasonable results as those envisaged by the opponents of jus soli. The fact that, at birth or later, a person has acquired the nationality of a particular country does not mean that his descendants too will acquire any real attachment to that country. If the children and later descendants grow up abroad and never themselves acquire any personal attachment to the parents' country, it cannot be expected that this country shall continue to regard them as persons suitable to acquire or retain its nationality. Consequently it must be admitted that a convention based solely on jus sanguinis can likewise not be expected to obtain general favour. But if none of the principal systems - jus soli or jus sanguinis - may thus expect general approval, the question arises whether, instead of a one-sided stress on one of these traditional systems, the Convention ought not to be based on a combination allowing greater consideration for factors of real attachment. At the time a child is born nothing can be foreseen about its future. As long as it is an infant, it will, as a predominant rule, share the parents' situation» If the latter have a nationality, it seems, therefore, reasonable that this nationality is extended to the child too. In the comments accompanying the "Draft Act on Acquisition and Loss of Nationality, Prepared "by Delegates of Denmark, Norway and Sweden" (Copenhagen I89O) it is stated that 'the fact that a person is connected with nationals by strong ties of kinship is, at the moment of birth, the only possible, and generally a sufficient^ guarantee that he is, and will feel, attached to the State, and the parents' right to enjoy as nationals the protection of the State and to live in
s territory does not acquire full value unless their children are recognized as nationals of the same State". A/CCMF.9A English Page 6
These considerations, which relate only to the situation in the years of childhood^ appear in the main still to apply. The consequence hereof is1 that as a rule jus sanguinis ought to "be taken as the basis -where it will provide a solution for the years of childhood. For minor children a nationality different from that of their parents will generally have no intrinsic value , and, as a rule, it will not, therefore, matter to these children whether they are stateless or are nationals of the, often accidental, country in which they were "born if in any case they do not share their parents' nationality. Though Denmark long ago adopted provisions in accordance with these considerations so that a child of Danish parents (i.e. a legitimate child of a Danish father and an illegitimate child of a Danish mother) always, irrespective of the place of birth, acquires Danish nationality at birth, the Danish Government do not expect such a comprehensive provision to be accepted as a general rule. The parents' nationality may already be of such a nominal character that its conveyance to yet another generation may be unacceptable to many States whose adherence to the Convention it would be desirable to obtain. It appears, therefore, to be necessary to introduce a limitation designed to exclude cases where the previous generation has already acquired its nationality purely on the basis of jus sanguinis and has not renewed the attachment to the parent country through residence therein. Even if jus sanguinis is thus limited, it must, however, be foreseen that it will not be generally acceptable without a further narrowing. As long as the child is still subject to the parents' authority, the most natural and the most expedient arrangement may supposedly be said to be that it also shares their nationality*, But when it comes of age without having itself acquired such an attachment to the parents' country that the natural thing would be for that country to allow thé continued preservation of its nationality, the reasonable and necessary course will be to provide facilities for that country to discontinue the nationality. If such facilities are not accorded, it must be feared that the parents' country will not accept a jus sanguinis provision at all. In order to limit the cases of statelessness which may be caused by such a subsequent loss of the nationality acquired at birth, the Convention should contain appropriate provisions.
/••• A/C0NF.9A English Page 7
It is evident that the provisions of the proposed Convention must "be regarded as minimum rules which do not preclude a more comprehensive application of .jus sanguinis where the individual State is inclined to do so. From the above it will appear that as a principal measure against original statelessness the Danish Government must advocate the implementation of a system according to which any person, at least during his childhood, shares his parents' nationality if such a nationality exists and is not itself of a nominal character. This principle proposal does not, however, provide any solution of the cases where the parents themselves are stateless or where the parents' nationality is of such a nominal character that jus sanguinis consequence should not apply» Assuming now that many States will have difficulties in accepting jus soli as their legislative principle, the question will "be whether a partial adoption of this principle is more acceptable. On this subject it must primarily be observed that it appears quite unacceptable that a foreign State should be able to determine unilaterally that a child born of its nationals in, say, Denmark is to have Danish nationality,, If pure jus soli is adopted in the cases where the child would otherwise become stateless at birth, this, however, would be the result. The parents' country may fail to adopt or may limit or abolish jus sanguinis. Even if jus sanguinis is adopted in the Convention as proposed in this Memorandum, the parents' native country may omit to accede to the Convention and thereby evade the resulting treaty obligations. It should be obvious that a State which cannot, for other reasons, base its nationality law on jus soli cannot accept that such an attitude on the part of a foreign State should impose upon it an obligation which it does
not otherwise undertakeo Against a special rule of jus soli only for children who would otherwise become stateless, it may further be objected that it must be considered unfortunate to introduce in the nationality laws of the individual country different provisions W for children of aliens who are nationals of a Contracting State, (b) for c ildren of aliens who are nationals of a non-Contracting State, and (c) for Haren of stateless persons ;, so that the provisions to be applied in the A/COW. 9 /h English Page 8 individual case would depend on a negative criterion which it will often "be difficult to substantiate. This objection is of particular importance where the automatic acquisition of nationality at "birth is concerned; often the question whether a particular person has acquired nationality under the special provisions "will not "be raised until many years later when it will "be difficulty or even impossible,, to procure information on the relevant facts. What has been stated above concerning birth in the territory applies in a still higher degree to the proposed provision in article 2 of both Drafts according to which birth on board a ship or an aircraft is to have the same effect. Such vessels or aircraft will often be travelling between foreign localities_, and the State concerned is normally not in a position to determine whether a particular person should have access to such vessels or aircraft. The fact that the parents choose., for example., a Danish vessel for their conveyance between two foreign ports does not appear to substantiate any attachment whatsoever between Denmark and the child born during the voyage. It seems further that the obligation to introduce jus soli may work against the real interests of the persons concerned. In the first place, the rule proposed may result in a situation where the parents' country, trusting that the children will not become stateless anyhow, omits to introduce or expand jus s an gui ni s although, as long as the persons concerned are still under age, this would normally be more beneficial than jus soli. In other cases, where after its birth a child becomes attached to a State other than the one in \he territory of which it was born, an inducement to naturalize the child may be wanting if it already holds a nationality, however nominal that nationality may be= If an obligation to apply jus soli to the children of certain aliens is imposed on States which normally do not base their law on jus soli, allowance will also have to be made for the risk that a tendency may easily develop to prefers ceteris paribus, aliens to whose children such an obligation will not apply and who consequently, in this connexion, are considered less burdensome. Such a tendency would, however, compromise the endeavours otherwise being employed to facilitate the travel and emigration of stateless persons as reflected most recently by the Convention on the Status of Stateless Persons signed in New York on 28 September 195^ cf. also the Geneva Convention of 28 July 1951 on the Status of Refugees.
/••• A/C0NF.9A English Page 9
If, having taken note of the objections that may be raised to jus soli and ius sanguinis, respectively, it is attempted to work out a solution, it may presumably be based on the following considerations: (1) The attachment ot the country of birth which the child born of foreign parents does not possess at the moment of birth, will normally be acquired if the child remains in the said country. (2) The attachment to the parent's country based upon the child's dependence on its parents will weaken if the child remains abroad. Consequently it does not appear reasonable to impose any obligation on the parents' country to let the nationality the child has acquired by virtue of jus sanguinis exist any longer than till the age when the child has grown up. Whether the child then becomes stateless or not will depend either on its manifestation in the meantime of such a real attachment to the parents' country that the latter can allow it to retain that country's nationality, or on its acquisition of such a real attachment to another country, particularly the country of birth, that the latter is willing to grant it its nationality. On the other hand it does not appear reasonable to impose any obligations on the country of birth in case a child born of foreign parents becomes resident outside that country's territory before it has grown up. It must, of course, be a condition for a solution based en these considerations, which comply with the objections both to jus soli and to •jus sanguinis, that the country of birth applies the acquisition rule not only to those who were born stateless but also to those who, having reached adult age, lose the nationality acquired by virtue of jus sanguinis. The attachment being the same in both cases, such procedure should be acceptable. In the cases where, according to the above, the country of birth shall be obliged to grant its nationality, it ought presumably to be given a free hand "to decide whether persons fulfilling the conditions shall acquire the nationality automatically or shall opt. A/C0NF.9A English Page 10
It is admitted that the system here proposed will not reduce or eliminate statelessness to the same extent as the jus soli proposed "by tlie International Law Commission. In view of the fact that the system will probably be able to count on far more followers among non-jus soli countries, its advantages should,, however, be obvious. At any rate it appears to the Danish Government to be a more fortunate solution as its final results will be based on elements of real attachment. A further step towards reduction of statelessness seems to be possible on the basis of regional agreements which may supplement the general provision of the Convention. The conditions in closely related countries will often be so uniform that an assimilation commenced in one of them will be of importance in the other too. In the relations between two such ountries it should, therefore, be sufficient guarantee for complete assimilation that during the first years of its life the child has lived within the combined territory of these countries, whereas the final years of adolescence and. training, of course, should be spent in the country whose nationality it wants to acquire. As a consequence hereof it will normally be sufficient that the child has resided in the latter country from, e.g. an age of 10 - 12 years, whereas the birth may have taken place and the first 10 - 12 years of the child's early life may have been spent in another of the closely related countries.
Finally it seems a natural consequence to include in the proposed new Convention the provision contained in article 1 of the Protocol relating to a Certain Case of Statelessness adopted by the Codification Conference at The Hague in 1930- The rule should perhaps be expanded to include also those cases where the father has indeed a nationality but where that nationality is not extended to the child, e.g. because as a non-Contracting State the father's native country does not apply article 1 of the Draft attached as an Annex to this Memorandum. In view of the attachment to the country of birth caused by the fact that the mother is a national of that country there should, in such cases, be fewer objections against allowing the negative attitude the father's country adopts towards jus sanguinis to have the effect proposed. On the other hand, it must be A/C0NF-9A English Page 11 considered unnecessary to include the provisions of The Hague Protocol as far as a father with an "unknown" nationality is concerned. There does not appear to "be sufficient reason to grant the child., immediately at birth, a definite nationality in the country of birth only because the father's nationality is unknown as this matter will often be elucidated during the child's early years. According to the statements above, the Danish Government must propose that articles 1-^ of the Draft of the International Law Commission be replaced by articles 1-9 of the Annex attached. The only further comment to be made on articles 1-^ of the Commission's Draft Convention on Reduction of Future Statelessnes is that it is an unacceptable rule that the father's nationality should always - consequently also in the case of children born out of wedlock - predominate over that of the mother. There are no fundamental objections to articles 5 an(3- 6 and paragraphs 1 and 2 of article 7 °f "the: Drafts, which do not contain anything essentially new compared to the Convention on Certain Questions relating to the Conflict of Nationality Laws of 12 April 1930, adopted by The Hague Conference on the Cofidication of International Law (179 League of Nations Treaty Series, p. 89). On the other hand the Danish Government must reserve their position for the time being as regards the provision in paragraph 3 of article 7 of the International Law Commission Draft Convention on Reduction of Future Statelessness. It hold good of both this provision and of article 8 of the same Draft that they appear to be based in too high a degree on the rules in force in certain countries, whereas they do not allow corresponding consideration for similar provisions in other legislations. There is no objection to article 9 a^d paragraph 1 of article 10 of the Drafts. The proposed rule in paragraph 2 of article 10 does not appear to be justified in so far as it prescribes that also stateless persons resident in a ceded territory shall acquire automatically the nationality of the State to which the territory is ceded. Furthermore, the Contracting States should hardly venture "to prescribe rules for States not yet existing, nor on the whole for non-Contracting States. English page 12
The Danish Government must reserve their position as regards the special agency proposed in article 11 of the Drafts and the proposed special international tribunal for etatelessness problems. It is considered appropriate that, even before the contemplated conference, an opinion should be obtained from the International Court of Justice on whether this Court - or possibly a special chamber formed under Article 26 of the Statute of the Court - will be able to undertake the judicial tasks in question. On the whole it appears desirable that the members of the Conference do not come to any decision concerning the said special tribunal without the International Court of Justice having been consulted. As regards article 12 of the Drafts it is observed that in case a Convention is adopted by a special Conference, it should of course, be open for signature or accession by all States invited to the Conference. Thus, as far as invited non-member States are concerned, the signature or accession should not be made conditional upon any further decision by the General Assembly of the United Nations. It is, therefore, proposed that the article be drafted in accordance with article 35 of "the New York Convention of 28 September 195^-j on the Status of Stateless Persons, cf. also article 39 °f "the Geneva Convention of 28 July 1951 on the Status of Refugees. Cciuoent must be reserved on article 13 of the Drafts. There are no objections to the rules contained in articles \h, 15 and 16 of the Drafts. It appears that article 17 of the Drafts may be omitted as a special article, its contents belonging naturally in the final clause of the Convention, cf. the Conventions mentioned above in the comments on article 12. Article 18 of the Drafts appears to be superfluous in view of the provision in Article 102 of the Charter of the United Nations, unless the Convention is exclusively signed by States which are not Members of the United Nations. A corresponding provision is moreover not found in the Conventions mentioned in the comments to article 12.
A Draft Convention on the Reduction of Statelessness prepared by the Danish Government with comments thereto is enclosed as an Annex. At the present
/•• A/C0NF.9A English Page 13 juncture there has "been no occasion to discuss this Draft with the Governments of Norway and Sweden, and as decisive importance must be attached to the maintenance of the existing agreement "between the Scandinavian nationality laws, which among other things particularly aim at preventing statelessness, the Danish Government must, on the whole reserve their position with regard to the problems which will be discussed at the contemplated Conference. Copenhagen, 28 March 1955. A/C0NF.9A English page ik
DRAFT CONVENTION ON THE REDUCTION OF STATELESSNESS
Article 1
1. A legitimate child which would otherwise have "been stateless shall acquire at birth the nationality of the Contracting State of which its father is a national, provided that the father is born in that State or has, after acquiring its nationality., had five years' residence in its territory. 2. An illegitimate child which would otherwise have been stateless shall acquire at birth the nationality of the Contracting State of which its mother is a national, provided that the mother is born in that State or has, after acquiring its nationality, had five years' residence in its territory.
Article 2
1. A Contracting State may make the preservation of its nationality, acquired under article 1, beyond the age of 22 years dependent on the person having been resident in its territory. 2. When a person loses his nationality according to this article, the loss of nationality may be extended to those children which have acquired that nationality through him. 3. A Contracting State may not call a person to perform military or any other similar service unless it has been decided that that person will not lose the nationality of that State according to this article. k. A Contracting State shall give sympathetic consideration to extending the benefit of residence under paragraph 1 of this article to persons who, though they have not been resident in its territory, have been staying there for the purpose of their education or uder such other circumstances which normally indicate attachment to that State.
Article 5
A legitimate child born in the territory of a Contracting State of which its mother is a national shall, if it would otherwise have been stateless, and if article 1 does not apply, acquire at birth the nationality of that State. A/CORF.9A English Page 15
Article k
A foundling found in the territory of a Contracting State shall, in the absence of proof to the contrary, "be considered as a national of that State.
Article 5
1. A person who has not, at "birth or later, acquired any nationality shall, if he always has been, and still is, resident in the territory of the Contracting State in which he was born, be entitled to acquire the nationality of that State when he has reached the age of not less than eighteen years and not more than twenty-three years. 2. A legitimate child shall be included in its father's acquisition of nationality according to paragraph 1 unless its parents have obtained a legal separation or divorce and the custody of the child has been transferred to its mother. 3. A legitimate child shall be included in its mother1s acquisition of nationality according to paragraph 1 if she has obtained a legal separation or divorce and the custody of the child has been transferred to her, or if she is a widow. **•• An illegitimate child shall be included in its mother's acquisition of nationality according to paragraph 1, unless the custody of the child has been transferred to its father who is not a national of the Contracting State concerned.
Article 6
1» A person who under article 2 will lose, or has lost, his nationality shall, if he would otherwise be stateless, and if he always has been, and still is, resident in the territory of the Contracting State in which he was born, be entitled to acquire the nationality of that State when he has reached the age of not less than eighteen years and not more than twenty-three years. Paragraphs 2 to k of article 5 apply also when a person acquires the nationality of the Contracting State according to paragraph 1 of this article. A/C0NF.9A English Page l6
Article 7
1. The provisions of articles 5 an(3- 6 shall not apply to a child "born to persons enjoying diplomatic immunities in the country of the child1s residence unless such immunities have terminated before the child reached the age of twelve years„ They shall not apply to a person who himself enjoys,, or within the last two years has enjoyed,, diplomatic immunities in the country of residence. 2. In the case of war article 5 shall not apply to a person whose parents are nationals of an enemy State, or when the last nationality of the parents was that of a State with whom the Contracting State is at war; nor shall article 6 apply to a person who is or has "been a national of an enemy State.
Article 8
For the purposes of articles 5 an& 6, birth on a vessel shall "be deemed to have taken place within the territory of the Contracting State whose flag the vessel flies- Birth on an aircraft shall be deemed to have taken place within the territory of the Contracting State where the aircraft is registered.
Article 9
The Contracting States shall give sympathetic consideration to extending the benefits of articles 3.? 5; 6 and 8 to persons born in other States with whom they have concluded regional or other agreements with the purpose of assimilating birth or residence in one State to birth or residence in another State.
Article 10
The loss of nationality as a consequence of any change in the personal status of a person such as marriage, termination of marriage, legitimation, recognition or adoption shall be conditional upon acquisition or possession of another nationality.
Article 11
Without prejudice to article 2, the change or loss of the nationality of a spouse or of a parent shall not entail the loss of nationality by the other spouse or by the children unless they have or acquire another nationality. A/C0NF.9A English. Page 17
Article 12 1. Renunciation shall not result in the loss of nationality unless the person renunciating it has or acquires another nationality. 2. A person who seeks naturalization in a foreign country or who obtains an expatriation permit for that purpose shall not lose his nationality unless he acquires the nationality of that foreign country.
Article 13
Without prejudice to article 2, a natural-born national of a Contracting State shall not lose his nationality so as to "become stateless on the ground of departure, stay abroad, failure to register, or any other similar ground. The same applies to persons who have acquired nationality in accordance with articles 5 and 6.
Article 1^
A Contracting State may not deprive its nationals of their nationality by way of penalty or on any other ground if such deprivation renders them stateless
Article 15
A Contracting State may not deprive' any person or group of persons of their nationality on racial, ethnical, religious, or political grounds.
Article l6
1» Every treaty concluded by a Contracting State providing for the transfer of territory shall include provisions for ensuring that the inhabitants of that territory shall not become stateless as a result of such transfer. In the absence of such provisions, a Contracting State to which territory !s transferred, or which otherwise acquires territory, shall confer its Nationality upon those inhabitants of such territory who until the transfer were a lona-ls of the State to whom the territory previously belonged, unless they ain their former nationality by option or otherwise. A/C0NF.9A English. Page 18
Article 17
The Contracting States shall communicate to the Secretary-General of the United Rations the laws and regulations which they may adopt to ensure the application of this Convention.
Article 18
le The Contracting States undertake to establish, within the framework of the United Nations., an agency to act, when it deems appropriate, on behalf of stateless persons before Governments, international organizations and the
tribunal referred to in paragraph 2O
2B The Contracting States undertake to establish, within the framework of the United Nations, a tribunal which shall be competent to decide any dispute between them concerning the interpretation and application of this Convention, which cannot be settled by other means, and to decide complaints presented by the agencj referred to in paragraph 1 on behalf of a person claiming to have been denied nationality in violation of the provisions of this Convention. 3° If, within two years after the entry into force of this Convention, the agency or the tribunal referred to in paragraphs 1 and 2 has not been established by Contracting States, any of these States shall have the right to request the General Assembly of the United Nations to establish such agency or tribunal. h* Until the tribunal referred to in paragraphs 2 and 3 has been established, any dispute between Contracting States relating to its interpretation or application, which cannot be settled by other means, shall be referred to the International Court of Justice at the request of any one of the parties to the dispute»
Article 19
1. This Convention shall be open for signature until * » » . .<...,»....•
It shall be open for signature on behalf of: (a) Any State Member of the United Nations; (b) Any other State invited to attend the United Nations Conference on Elimination or Reduction of Future Statelessness; A/C0NF.9A English Page 19
(c) Any State to -which, an invitation to sign or to accede may be addressed by the General Assembly of the United Nations. 3. It shall be ratified and the instruments of ratification shall be deposited with the Secretary-General of the United Nations. k. It shall be open for accession by the States referred to in paragraph 2» Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.
Article 20
1. At the time of signature, ratification or accession any State may make a reservation permitting it to postpone, for a period not exceeding two years, the application of this Convention pending the enactment of necessary legislation,, 2. No other reservations to this Convention shall be admissible.
Article 21
1. This Convention shall come into force on the ninetieth day following the day of deposit of the sixth instrument of ratification or accession, 2. For each State ratifying, or acceding to, the Convention after the deposit of the sixth instrument of ratification or accession, the Convention shall come into force on the ninetieth day following the day of deposit by that State of its instrument of ratification or accession.
Article 22
1- Any Contracting State may denounce this Convention at any time by a notification addressed to the Secretary-General of the United Nations* 2* Such denunciation shall take effect for the Contracting State concerned one year from the day upon which it was received by the Secretary-General»
Article 23
!• Any Contracting State may request revision of this Convention at any time "by a notification addressed to the Secretary-General of the United Nations. 2» The General Assembly of the United Nations shall reccnmend the steps, if any, to be taken in respect of such request» A/C0NF.9A English Page 20
Article 2k
The Secretary-General of the United Nations shall inform all Members of the United Nations and non-member States referred to in article 19". (a) of the establishment of the agency and of the tribunal referred to in article l8j (b) of signatures, ratifications and accessions in accordance with article 19; (c) of reservations in accordance "with article 20; (d) of the date on which this Convention will come into force in accordance with article 21; (e) of denunciations in accordance with article 22; (f) of requests for revision in accordance with article 23.
IN FAITH WBEREOF the undersigned, duly authorized., have signed this Convention on behalf of their respective Governments»
DONE at . ». . » = . . - », . «, a* »e * ». , » » «, . =} thi s . » . » „. » .»<.,,o day of ...... !,...... ^ one thousand nine hundred and fifty- ». . in a single copy., of which the .„*«.»,..,» .« e.. texts are equally authentic and which shall remain deposited in the archives of the United Nations, and certified copies of which shall be delivered, by the Secretary-General of the United Nations, to all Members of the United Nations and to the non-member States referred to in article 19» A/C0WF.9A English. Page 21
COMMENTS
The rules of the Draft Convention impose upon Contracting States a series of obligations to implement at least certain minimum provisions which provide stateless persons with a nationality. They, therefore, do not exclude any Contracting Party from applying more liberal or favourable provisions.
Article 1 The provisions of this article only apply if the child is born in the territory of a State the nationality of which is not acquired by jus soli. A Contracting State may not exclude the acquisition of its nationality by imposing additional conditions. On the other hand, a Contracting State may apply jus sanguinis to a greater extent than provided for, e.g. by waiving the condition of the father (mother) having been resident in its territory or by reducing the period of such residence. It may also apply jus sanguinis for the benefit of a legitimate child whose mother is a national or for the benefit of an illegitimate child whose father is a national,, and in these cases,, not provided for by the Convention, the State is at liberty to impose its own conditions, e.g. that the father of the illegitimate child has recognized the child in accordance with its own legislation.
Article 2 A Contracting State may allow the child to preserve its nationality without imposing conditions of residence. The preservation of nationality may, on the other hand, not be made dependent on conditions not provided for in the article. Since majority according to many legislations is obtained at the age of twenty-one years, the child should be given one year after it has become responsible for its own affairs to decide whether it desires to establish itself in the home country of the parents and thereby preserve its original nationality. Until the person has met the qualifications, or obtained permission, to preserve his nationality, the home country should not be allowed to call him to perform military or similar service, since the absence from his country of birth, caused by such service, may endanger his opportunities to acquire the nationality of the latter country according to article 6 and thus expose him ^o future statelessness. A/C0NF.9A English Page 22
A Contracting State has, under article 1, no obligation to confer its nationality on the children "born abroad to a person who himself is covered by article 1. It may, however, prefer to let these children share the national status of the father (mother) as long as that status remains unchanged. Faragraph k provides for that case.
Article 3 This article is, in the main, identical with article 1 of the "Protocol relating to a certain Case of Statelessness", adopted by the Conference for the Codification of International Law at The Hague on 12 April 1930. It has not been found necessary to include the case where the nationality of the father is unknown.
Article h This article is, in the main, identical with article 2 of the ILC Draft Conventions. It is, however, worded so as to fit both into jus soli and into jus sanguinis systems.
Article 5 This article does not exclude the application of jus soli» A Contracting State may dispense from the condition of permanent residence. On the other hand, it may not impose other conditions. The age limit of twenty-three years has been chosen in order to prevent the question of acquisition from being kept in suspense for any considerable period after the age of majority. Contracting States may choose whether they, under article 5j will confer nationality by automatic operation of law or introduce a system of option. Having in mind the age of the persons concerned it should not be necessary to provide for exceptions on the ground of national security and public order. According to article 3-1 of the New York Convention of 28 September 195^- relating to the Status of Stateless Persons a State will be able in any case to terminate the residence of a stateless person who is considered to be a danger to national security and public order. A/CQNF.9A English Page 23
Article 6 "While article 5 deals with persons who have not, under article 1, by birth acquired a jus sanguinis nationality, article 6 provides for those who, under article 2, will lose or have lost their jus sanguinis nationality. The age limit of twenty-three years has been chosen in order to allow these persons, after having lost, at the age of twenty-two years, their jus sanguinis nationality, a certain period wherein to decide whether they want to remain in the country of birth. Since this decision, however, in many cases can and will be made before the age limit provided for in article 2, it is proposed to allow for the acquisition of the nationality of the country of birth even at an earlier age.
Article 7 It seems justified to provide for exemptions from articles 5 and 6 in so far as persons with diplomatic status and enemy aliens are concerned.
Article 8 Since the obligations of Contracting States to apply jus soli are restricted, under articles 5- and 6, to those persons who have permanent residence in their territory during the entire period from birth to majority, it may be justified to extend the benefits of these articles also to those who are born on a vessel or aircraft.
Article 9 When a child has been born in a country and has passed the first years of life in that country and has, thereupon, at an early age been established in another country which is closely connected with the country of birth, e.g. as far as language, culture, etc. is concerned, the elements of assimilation acquired in the first country will be of importance also in the latter country» In consequence it may be justified to treat the child on the same footing as those children who are born and always have been resident in the latter country.
Article 10 This article is identical with article 5 of the ILC Draft Conventions. It has, however, been considered justified to treat the case where the person already has another nationality in the same way as the case where the person acquires another nationality. / A/C0NF.9A English late 2k
Article 11 This article is identical with article 6 of the ILC Draft Conventions. It will, however, be necessary to include a proviso covering the cases dealt with in the proposed article 2, paragraph 2.
Article 12 This article is identical with article 7> paragraphs 1 and 2, of the ILC Draft Conventions.
Article 13 This article is, in the main, identical with article 7> paragraph 3, first sentence, of the ILC Draft Convention on the Reduction of Future Statelessness. It is, however, proposed to assimilate those who have acquired the nationality of their country of birth by application of articles 5 and 6 to those who have acquired that nationality by operation of pure jus soli. On the other hand, the inclusion of the proposed article 2 necessitates a special proviso. Since article 13 only applies to natural-born nationals and to persons who have acquired nationality under articles 5 and 6, it is not necessary to include the second sentence of article 7) paragraph 3, of the ILC Draft Convention on the Reduction of Future Statelessness.
Article ik This article is identical with article 8 of the ILC Draft Convention on the Elimination of Future Statelessness. It is not proposed to single out, as does article 8 of the ILC Draft Convention on the Reduction of Future Statelessness, one special case where the general provision of this article shall not apply.
Article 13 This article is identical with article 9 of "the ILC Draft Conventions.
Article 16 This article is, in the main, identical with article 10 of the ILC Draft Conventions. It is, however, considered inappropriate to prescribe duties for new States and to impose upon a Contracting State an obligation to confer its nationality to those inhabitants-of an acquired territory who already were stateless before that State acquired the territory. A/C0MF.9A English Page 25
Article 17 This article is identical with article 35 of the New York Convention of 28 September 195^ relating to the Status of Stateless Persons»
Article_J_8 This article is., in the main., identical with article 11 of the ILC Draft Conventions. International organizations have been included in paragraph 1. In order to avoid duplication and overlapping it is proposed to restrict the jurisdiction of the International Court of Justice to the period until the special tribunal., provided for by this article, has been established»
Article 19 This article is identical with article 39 of the New York Convention of 28 September 195^- relating to the Status of Stateless Persons.
Article 20 This article is identical with article 13 of the ILC Draft Conventions»
Article 21 This article is identical with article 39 of the New York Convention of 28 September 195^ relating to the Status of Stateless Persons*
Article 22 This article is identical with article kO of the New York Convention of 28 September 195^ relating to the Status of Stateless Persons.
Article 23 This article is identical with article hi of the New York Convention of 28 September 195k relating to the Status of Stateless Persons,
This article corresponds with article h2 of the New York Convention of 28 September 1954 relating to the Status of Stateless Persons.
This clause corresponds with the final clause of the New York Convention of 28 September 195^ relating to the Status of Stateless Persons»
Distr. GE1IERAL
A/COITE.9/5 2k- February 1959 ENGLISH ORIGINAL : VARIOUS
UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS
Comments by Governmentg c:i the revised Draft Convention ôî7~thë^ËTlminatrôîï*~Qf Future Statelessness and the revised îirâIt~CÔnvent±on~~ôn the^Reductlon of Future Statelessness Prepared ~hy"the International Law Ccmmi^ssion at its . , , sixth session
59-OU5Ï+O A/COÏÏF.9/5 English Page 2
TABLE OF CONTENTS
gage Note by the Secretary-General ...... 3 Comments "by Governments .. = .«,...... = . . . . k
1«. Belgium ...... „ .... , . . . . . ,o ...... k 2o Finland ...... 5 3 « France ...... 7 K. Italy ...... lo 5» Norway . . . . 13 6. Sweden ll+ 7- Switzerland ...... 15
8, Turkey ...... A ... 19
/•• A/CONF.9/5 English Page 3
Note "by the Secretary-General
1. By a letter dated 11 August 1958.? the Secretary-General informed all States invited to the United Nations Conference on the Elimination or Reduction of Future Statelessness under paragraph 3 of General Assembly resolution 896 (IX) that he had decided, in pursuance of that same paragraph,, to convene the Conference at the European Office of the United Nations, Geneva, between 2k March and 17 April 1959° In the same letter the Secretary-General requested the submission "by 30 November 1958 of any comments on the revised Draft Convention on the Elimination of Future Statelessness and the revised Draft Convention on the Reduction of Future Statelessness, contained in the Report of the International Law Commission covering the work of its sixth session in 195^- (A/2693)° 2. The present document reproduces the texts of the comments received in response to that request and prior to 20 February 1959.? namely, the comments of Belgium, Finland, France, Italy, Norway,, Sweden, Switzerland and Turkey,, Comments received after that date will be reproduced and circulated as addenda to the present document . 3. It will be recalled that the Governments of Australia, Belgium, Canada, Costa Rica, Denmark, Egypt, Honduras, India, Lebanon, Netherlands, Norway, Philippines, Sweden, United Kingdom of Great Britain and Northern Ireland and the United States of America had previously submitted comments on the draft conventions prepared by the International Law Commission at its fifth session in -•-953 (A/2^56), and these had been taken into account by the Commission in preparing the revised drafts which are now before the Conference and to which the comments contained in this document relate. The comments on the earlier drafts are to be found in the annex to the Report of the International Law Commission covering
the work of its sixth session (A/2693). It should also be noted that a memorandum submitted by the Government of enmark, containing comments, which had been circulated to States invited to the Conference in August I955 (English text; and October 1957 (French text), has een reproduced as a separate conference document (A/COWF.9/U). A/CCNF.9/5 English Page k
Comments by Governments
1. BELGIUM,
Note Verbale from the Permament Mission of Belgium to the United Nations dated 6 January 1939
/Original : French/
With regard to the Belgian Government's comments on the two revised draft Conventions adopted by the General Assembly at its ninth session (resolution 896 (ix)), the Minister of Foreign Affairs of Belgium has requested me to inform the Legal Counsel that the drafts, as examined at the sixth session of the International Law Commission of the United Nations,, are open to the same objections as those stated in his letter of 22 February 195^ which was annexed to Note Verbale No. S.313 of the Permament Mission, dated 2k February 195^- The comments reproduced in Supplement No. 9 (A/2693) of the United Nations General Assembly (p. 23) should therefore be adapted to the final version of the drafts. Thus, the reference to article 5> paragraph 1, should be to article 5; the reference to article 7 and 8 should be to article 8 and 9i and the reference to article 10 should be to article 11. Article 7, paragraph 1, of the draft Conventions would also seem to warrant certain reservations. Although it may be highly desirable that "renunciation shall not result in loss of nationality unless the person renouncing it has or acquires another nationality", there are cases where it is equally desirable for other considerations to be given precedence. Thu^, on the rare occasions when Belgian legislation ^llova deprivation of nationality, there is a provision permitting the spouse and children of the person deprived of nationality to renounce Belgian nationality without having to prove pussession of another nationality. The intention here is to preserve family unity. A/CONF.9/5 English Page 5
2. FINLAND
Letter frcm the Permanent Mission of Finland to the United Nations dated 1 December ^
/Original : English/
The Government} having given consideration to the revised Draft convention on the elimination of future statelessness and the revised Draft convention on the reduction of future statelessness, contained in the Report of the International Law Commission covering the work of its sixth session, submit the following comments on the two revised draft conventions : Both the draft convention on the éliminât ici., of future statel&ctness and the draft convention on the reduction of future statelessness are primarily based on the principle of the jus soli. This main rule has been nodified by applying in certain cases, as a subsidiary rule, the principle of the jus sanguinis. The national law of Finland is based on the latter principle. Considering, however, the modifications contained both in the national- law of Finland on the one hand and in the draft conventions on the other, the legislation on nationality in Finland and the draft conventions are to a great extent, not incompatible. This applies in particular to the draft convention on the reduction of future statelessness, which consequently is preferable to Finland. However, seme amendments would be necessary in order to bring the national law of Finland into full harmony with the provisions of each of the draft conventions. Jevertheless, the Government of Finland have no objections to the principles ur^erlying es.cn of the draft conventions. According to article 11 of "both draft conventions, a new agency of the 1 ed Nations and a new international tribunal should be established, the former act on behalf of stateless persons before Governments or before the tribunal, tas latter to decide any dispute between the State Parties to the Conventions erning the interpretation or application of the conventions and to decide aints Presented by the said agency on behalf of stateless persons claiming to h pr -, — i denied nationality in violation of the pruviirlorir; of \Aie conventions. A/CONF.9/5 English Page 6
There is no doubt as to the necessity of those new "bodies „ Considering, however, the constant increase in the number of the organs of the United Nations leading indispensably to a rise in the expenses of the organization, the question should be examined, whether it would be possible to charge one of the existing agencies of the United Nations with those tasks planned to "be given to the new agency. Similarly it should be considered., whether the International Court of Justice, "by an extension of its jurisdiction, could deal with the disputes and complaints mentioned in article 11, paragraph 2.
/•• A/COWF.9/5 English Page 7
3. FRANCE
Transmitted "by a Note Verbale from the Permament Mission of France to the United Nations dated 31 October 195°" ~~
/Original : French/
I should like, moreover to communicate the comments of the Government of the French Republic on the draft conventions. The considerations motivating the authors of these drafts have long attracted the interest of French legislators, and French legislation has,, on the whole, been in keeping with the spirit of the proposed conventions. In agreement, however, with the views expressed by several States in their comments annexed to the report of the International Law Commission covering the work of its sixth session, the French Government feels that, because of the present state of the law on this subject the draft convention on the elimination of future statelessness is too categorical to elicit general support or even a substantial number of accessions. On the other hand, the French Government would be prepared to consider accepting the draft convention on the reduction of future statelessness, subject to the reservations set out below and without prejudice to such further reservations as its representatives might feel called upon to make during the conference. I. The main reservation it feels obliged to make relates to article 1 of the draft. In its present form this article confers the nationality of the country of birth on all children who "would otherwise be stateless", i.e., on children of unknown parents and on those whose parents are known but have no nationality. it allows the preservation of such nationality to be made dependent °£ residence and also provides for a right of option at the age of eighteen years. A brief analysis of French national law and of how in particular, it a fects the children of stateless persons will help to clarify the French 's position concerning this article: A/CCWF.9/5 English Page 8
(a) A child born in France of unknown parents "becomes a French national on a provisional "basis and remains a French national if his relationship to his parents is not determined before his majority (twenty-one years) or if, having been determined, it does not confer the parents1 nationality under the national law of the parents (article 21 of the French Nationality Code), (b) A child born in France of alien parents,, whether stateless or not, acquires French nationality on attaining his majority if he has been normally resident in French territory fcr a period of five years between the ages of sixteen and twenty-one years and does not exercise his right to decline such nationality (article J-l-V). It should be noted that, if the parents are stateless, that right cannot in fact be exercised, because a person rasy not renounce French nationality unless he can show he possesses another nationality through his parents * (c) A. child as referred to above may acquire French nationality by express option before he attains his majority on condition that his legal representative, before the child has attained the age of sixteen years, or the child himself after attaining that age, has fulfilled the condition of five years' residence. This option may therefore be exercised immediately after the" birth of the child if the father has met the residence requirement. What this amounts to is the acquisition of nationality by right where birth and prolonged residence support the presumption that the child intends to make his home in France» '\ stateless child who has been born in, and is settled in France thus tos the opportunity of determining his status immediately - as is dene in most cases - or of waiting until he attains his majority tn do so, the essential cenditien being permanency of residence in French territory. (d) There is another provision of French law which., while of less general application, allows children taken in or adopted by French nationals to acquire French nationality by declaration irrespective of their place of birth. This provision has been generously applied for the benefit of abandoned children who, in Germamy and, more recently, in the States .of Indochina, who, were given shelter by the French authorities and were later placed in French homes. A/CONF.9/5 English Page 9
As the existing French law on this subject is quite comprehensive, the French Government dees not feel that any of the provisions can be abandoned or modified. version of article 1 along the following lines would, however, be acceptable. "1. A person who would other"1 ise be stateless shall acquire,, at the age of twenty-one years or earlier,, the nationality of the Party in whose territory he is born.
"2. The national law of the Party may make preservation or acquisition of such nationality dependent on the person being normally resident in its territory until the age of twenty-one years.
n3. If, in consequence of the operation of paragraph 2, â person on attaining the age of twenty-one years would become stateless...."
II* The wording of article 8 would involve restrictions on French national law which would seem to serve no useful purpose. Although the procedure for the depri'v:1 .ion of French nationality is not entirely in conformity with article 8 of the draft and such deprivation is pronounced by the administrative rather than by the judicial authorities; the entire matter is most stringently regulated by French law. Deprivation cannot, for instance,, be applied to natural-born French nationals. Furthermore, the limited number of cases where it is applicable and the maximum period during which it can be pronounced prevent it frcm being a general and still less a discretionary; measure. Although the judicial authority has no jurisdiction in this matter, c. decision depriving a person of his nationality requires the concurring opinion of the Conseil d'Etat and, in addition, its legality can be contested through redress against ultra vires action by the relevant administrative authority. The French Government reserves its position regarding article 8, in the eiief that its legislation provides appropriate and adequate guarantees. It feels obliged to point out that the words "recourse to judicial authority" °uld, in all events, be replaced by "recourse to a higher authority", since ranee, for example, it is the administrative authorities that are competent such matters. The expression suggested would not involve any basic change in e Provisions and would simplify interpretation. •L' The French Government also reserves its opinion on both the principle and ^Plication of article 11. e French Government has no fundamental objections to the remaining ions of the draft convention on the reduction of future statelessness. A/CONF.9/5 English Page 10
k* ITALY
Transmitted by a Note Verbale from the Permanent Mission of Italy to the United Nations dated 21 January 1959
/Original : Italian/
To begin with a comment of a general nature, we consider it desirable, in view of the close analogy between the two draft conventions, that the two texts should be combined in a single draft. This would also facilitate the work of the conference to be held at Geneva from 2k March to 17 April 1959» We wish to comment as follows on the two draft conventions : 1 = Draft convention on the elimination of (a) We have no comment to make on the first seven articles, which correspond largely to the principles already embodied in our national legislation and which it is also proposed to embody in our citizenship bill. (b) Article 8, however, as at present worded, contains a provision which does not appear acceptable to Italy, as the principle which it states is in conflict with article 8 (3) of the Italian Citizenship Act of 1912, the provisions of which are retained in the new bill on the subject. If article 8 of the draft, which is certain to be opposed on political grounds "toy certain countries, cannot be eliminated entirely, it will be necessary to pay particular attention to the meaning of the word "penalty". In any event, we would draw attention to the need to eliminate the phrase "or on any other ground", since under the Italian legal system, as distinct from that of some other countries, there are no cases where a person may be deprived of his nationality by way of "penalty" or as a penal measure. Should it be considered necessary to incorporate some such principle in the draft convention, the formula which might be most acceptable to Italy would be the following: "Deprivation of nationality may not be ordered as a penal measure for political or ordinary offences"» (c) We have no comment to make on articles 9 and 10. (d) Article 11 provides for a detailed machinery which is perhaps excessive!! cumbersome and on which several comments might be made.
/••• A/CONP.9/5 English Page 11
First, there does not appear to be any justification for the establishment of an "agency" in any of the Contracting Parties, which would act "on behalf of stateless persons before Governments". If it is considered necessary to have some administrative body to deal with such questions, it would appear sufficient for this purpose simply to establish, as was done in other cases, a committee under the Office of the United Uations High Commissioner for Reufgees, a body which is particularly qualified to deal with the problems of fugitives, refugees and stateless persons and which has dealt extensively with their problems as recently as this year, for instance, at the recent Rcme meeting. The article then provides for the establishment, within the framework of the United Nations, of a "tribunal" with special competence in such matters, thus creating a new international jurisdiction which might give rise to various difficulties. Article 36" of the Statute of the International Court of Justice already establishes the Courtxs competence in matters relating to the interpretation of international agreements, and it would therefore be highly desirable not to remove an isolated matter out of its jurisidiction, ex post facto but rather to allow the Court to rule also on the questions referred to in the Convention.
2. Draft convention on the reduction of future statelessness: (a) Subject to our earlier comments with regard to article 8, we believe that, in principle and bearing in mind the purpose of the draft convention, it would be preferable to take as a basis the text of the draft convention on the elimination of future statelessness, referred to above, in view also of the fact that the former text contains provisions which are more favourable and more in harmony with the liberal principles on which Italian law is based; (b) Again, we have no comments to make on the first six articles of this text. We do have an objection, however, to the second sentence of article 7 as we are obviously unable to accept the principle that a naturalized citizen should lose his nationality on abcount of residence in his country °î" origin for a period to be determined in accordance with the legislation °f the Party which granted the naturalization; to stipulate that such a /\/CONF.9/5 English Page 12
person might;, en entirely discretional and therefore debatable grounds., be deprived uf the nationality he has acquited "would only create new and abnormal causes y± statelessness. Vie therefore believe that the sentence should be deleted, (c) With reference to article 3, \ie -wish to repeat the ccninents and reservations previously made with regard to article 8 of the first draft convention. (d) Uith reference to article 11,, the comments made in respect of article 11 of the previous draft apply also in this case. A/CON.F.9/5 English Page 13
5. NORWAY
Letter from the Permanent Mission of Norway to the United Nations dated 22 January 1959
/Original: English/
The two revised conventions prepared "by the International Law Commission during its sixth session do not essentially differ froKi the drafts prepared "by the Commission during its fifth session. The Norwegian Government's position, therefore, remains in principle as outlined in my letter of 6 April 195*+ (doc. A/CN.^/82/Add.l).—' As stated in that letter, the Norwegian Government is in agreement with the objectives underlying the drafts concerned and would regard their acceptance as multilateral conventions as a great advantage. The provisions of the drafts, however, deviate in* various respects from the existing Norwegian Nationality Act of 8 December 1950. This Act was adopted as a result of co-operation between the Scandinavian countries, and should not, for the sake of nordic uniformity be amended except in co-operation with Denmark and Sweden. In these circumstances the Norwegian Government - which will take part in the conference which will be convened at Geneva between 2k March and 17 April 1959 • must reserve its position with regard to the question of adherence to the two draft conventions until renewed consultations have taken place with the Danish and Swedish Governments.
~J ee Annex to the Report of the International Law Commission covering the work °f its sixth session, Official Records of the General Assembly, Ninth Session, alt No. Q. A/2693, p. 30. A/CONF-9/5 English Page 1^
6. SWEDEN
Letter from the Ministry of Foreign Affairs of Sweden dated 22 November 195b1
/Original: English/
As to your request for comments on the two revised draft conventions, the Swedish Government's attitude is necessarily to "be formed in close co-operation with the Danish and Norweign Governments, since the present Swedish Citizenship Act is itself a result of such co-operation. Consultations on the subject of the two draft conventions are, therefore, likely to take place between the three Scandinavian Governments prior to the Geneva Conference in 1959° Pending the result of such consultations, the Swedish Government might, however, express the purely preliminary opinion that it feels inclined to share, on the whole, the main points of view presented by the Danish Government in a Memorandum of 28 March 1955, circulated to Member States with your letter LEG 292/7/02(1) of 8 August 1955- A/COWF-9/5 English page 15
7 . SWITZERLAND
Transmitted by letter from the Office of the Permanent Observer of Switzerland to the United Nations dated ~~" " 2^~ "November I958
/Original: French/
Switzerland has always been concerned with statelessness and was one of the first countries to seek a remedy for it. Its Constitution of iQkô already contained a provision dealing with this matter. Although in those days the problem was mainly domestic in character, the fact remains that since that time every effort has been made to avoid legislation that would produce further cases of statelessnesso The Federal Act of 29 September 1952 on Swiss nationality broadly conforms to this trend and accords with most of the wishes and precepts so far enunciated on the international plane. Although paternal relationship (jus sanguinis a patre) is the general rule for the acquisition of Swiss nationality at birth, maternal relationship is taken into
account, not only to provide an illegitimate child with a nationality (art. 1; b), but also to prevent a legitimate child from becoming stateless» Thus, the legitimate child of a foreign father and a Swiss mother acquires his mother*s Swiss nationality at birth when he is unable to acquire another nationality (art. 5).
A child found on Swiss territory is granted Swiss nationality (art» 6), so that he will not become stateless» For the same reason, where parental relationship is proved before he attains his majority, the child only loses ttiat nationality if he acquired another» On change of status, the illegitimate child of a Swiss mother and a foreign ner does not lose Swiss nationality unless he has been legitimated by the riage of his parents (art. 8) and then, again to avoid statelessness, only e ne has thereby acquired the foreign nationality of his father, A Swiss woman who marries an alien can retain Swiss nationality (art. 9) if makes a declaration to that effect at the time when the banns are published e marriage is solemnized. If she fails to claim Swiss nationality, she still A/COWF.9/5 English Page 16
does not lose it unless she acquires, or already possesses, her husband's nationality^ thus avoiding statelessness» A Swi3S national born abroad of a father also born abroad loses Swiss nationality unless he registers with a Swiss authority before attaining the age of "twenty-two years (art. 10), but even then only on the express condition that he possesses another nationality. A Swiss woman who has lost Swiss nationality through marriage to an alien can$ in the event of subsequent statelessness, be reinstated by special arrangement (art. 19, first paragraph, sub-paragraph c); if she had children who are also stateless, she is entitled to have them naturalized by a simplified procedure (art» 20, second paragraph, and art. 28, first paragraph, item b). A Swiss national cannot lose Swiss nationality at his request unless he acquires, or is assured of, a foreign nationality (art. ^2). Moreover, Swiss nationality cannot be withdrawn from a person whose conduct has caused serious prejudice to the interests or good name of Switzerland unless that person possesses dual nationality (art. kÔ). In general practice, Switzerland also takes full account of the possible eventual statelessness of applicants for normal Swiss naturalization.
Having itself endeavoured to avoid causing statelessness and to eliminate even those cases of statelessness for which it was not responsible, Switzerland welcomes the present attempt to seek international agreement on the elimination or reduction of future statelessness. It appreciates the excellent work done by the United Nations, and particularly by the International Law Commission, but deeply regrets that it cannot endorse the principal remedy proposed: attributable" of a nationality at birth on the principle of the jus soli. Such a solution is an obvious choice for States whose nationality legislation is itself based on the jus soli. Those States would have no sacrifice to make, and are, in most cases, least affected by statelessness. It is an established fact that the European countries whose nationality laws are based essentially on the jus sanguinis have the largest number of refugees and stateless persons either temporarily or permanently on their territory. To oblige those States, many of A/CONF.9/5 English Page IT which are over-populated, to absorb indiscriminately into their population thousands of people whose only link with that territory is the accident of their birth on it would be to strike at the structure and very existence of those States. It should indeed be borne in mind that nationality does not fill the same sociological role in all countries. Whereas, in most American legislation the bond which links a person with a State is based essentially on association with territory, on domicile in the country, that is not the case with the greater part of west European legislation» Under much of that legislation, nationality is a moral and spiritual bond, uniting a person with a State and linking him to the traditions of its entire history. It is the cement which gives cohesion to a people. A country like Switzerland, which has over 500,000 aliens on its territory and which, in the past twenty-five years, has given temporary or permanent hospitality to more than 200,000 refugees or stateless persons, cannot incorporate these people in its population without first ascertaining that they have achieved a minimum assimilation of Swiss usage and custom, or at least that they are capable of such assimilation. Such assimilation cannot be assessed at birth, but only when a person has attained the age of eighteen years or majority. If the States whose nationality legislation is based on the jus sanguinis are to be persuaded to make a concession enabling stateless persons to acquire a nationality (and that is the crux of the matter.1), a solution should not be sought in the attribution of nationality at birth. Such attribution should take place at an age when the person concerned has developed a true personality and has had prolonged contact with the country in which he intends to settle. The age could be fixed at eighteen years, as that Is when a childrs independence of his parents becomes apparent; it is also the age at which a child assumes certain personal rights and obligations, notably the obligation of military service. V7hether the person concerned should have the right, at that age, to acquire the nationality of his country of residence, and subject to what conditions, !s surely a question capable of solution. Even if the only result was an expedited Procedure for naturalization, something specific would have been accomplished.
So long as article 1 of each of the two revised draft Conventions is based essentially on the attribution of nationality at birth jure soli, Switzerland regrets that it cannot support those drafts. Admittedly, the draft Convention on e Reduction of Future Statelessness attenuates to some extent the effects of A/CORF*9/5 English Page 18
automatic acquisition at birth "by stating that the country of birth may make preservation of such nationality dependent on the person being normally resident in its territory until the age of eighteen years and on the condition that he has not opted for another nationality- The fact none the less remains that the principle of automatic acquisition of nationality at birth jure solij, which Switzerland cannot accept j, is in a considerable degree retained. An additional feature is the introduction of a new conception of nationality^ viz»,, nationality that remains in suspense until a later date^ but this is open to criticism from both the theoretical and the practical standpointe The preamble and the remaining provisions of the revised drafts would seem to
offer a basis for agreement» At first scrutiny., thereforef Switzerland would be prepared to approve article 2 and articles k to 10 of the revised drafts» A/COWF.9/5 Engli sh Page 19
8O TURKEY
Transmitted by a Note Verbale from the Permanent Mission of Turkey to the United Nations dated 20 January 1939
/Original: Turkish/
As the power to revoke citizenship is reserved under Turkish law, the Turkish Government prefers the Draft Convention on the Reduction of Statelessness to the Draft Convention on the Elimination of StatelessnessD Its comments -will therefore "be limited to the Draft Convention on the Reduction of Statelessness0
Preamble
In the preamble to the Draft Convention on the Reduction of Statelessness it would be logical to reverse the order of the fourth and fifth paragraphs so that the third and fifth paragraphs, which are complementary, would be consecutive,
Article I
The Turkish Citizenship Act takes the principle of jus soli into account, although to a lesser extent than the Draft Convention,, In the matter of the acquisition of citizenship the Draft Convention provides safeguards which are not provided for in national law. The provisions of the two texts concerning the duties incumbent upon States after the attainment of legal age are similar. As the Turkish Citizenship Act unconditionally recognizes the principle of jus sanguin^ the first sentence is acceptable. The position is the same as regards the acquisition of citizenship through naturalization. With regard "to the transmission of citizenship to children the Turkish Citizenship Act accepts the principle of the equality of the two parentso Accordingly, if the sentence at the end of the paragraph reading "the nationality of the father prevail, over that of the mother" means that the mother's citizenship always be nullified by that of the father, this provision is at variance the Turkish Citizenship Act. A/CONF.9/5 Engli sh Page 20
Article 2
This provision, which is embodied in the 1930 Hague Convention and the national laws of various countries, is considered acceptable.
Article $
Acceptable„
Article k
This article is in harmony with Turkish law in which the principle of jus sanguinis is accepted without reservation.
Article 5
This article is fully consistent with Turkish law and is acceptable„ Under Turkish law marriage, termination of marriage, legitimation, recognition or adoption does not entail loss of citizenshipB
Article 6
It is a basic principle of Turkish law that the wives and children of persons who renounce Turkish nationality retain their Turkish nationality» This provision of the Draft is therefore consistent with the Turkish Citizenship Act. There is a difference between the second paragraph of the article and Turkish law: the provision in the Draft under which nationality cannot be renounced unless another nationality is acquired is not in conformity with Turkish law as Turkish nationality can be renounced if a special authorization is obtained and renunciation is not conditional upon the acquisition of a new nationality» The third paragraph of the article is not in conformity with Turkish law. The reference in the Draft to "failure to register" is inconsistent with Turkish law and is not acceptableo Further, the Turkish citizenship of former aliens to whom Turkish citizenship has been granted may validly be revoked for reasons of public order and national security and as the Draft does not take this possibility into account, the article cannot be accepted,» A/CONF.9/5 Engli sh Page 21
Article 7
As Turkish law does not contain provisions entailing the automatic loss of Turkish citizenship, it is thought that there will be no objection to the acceptance of this article.
Article 8
The grounds for deprivation of citizenship under the Turkish Citizenship Act cannot "be extended or restricted along the lines indicated. The draft article in question is in conflict with Turkish law in this respect and cannot "be accepted,. The second paragraph of the article is consistent with Turkish legislation and is therefore acceptable.
Article 9
As the article is not at variance with Turkish law, it is acceptable.
Article 10
As the article is not at variance with Turkish law, it is acceptable„
Article 11
Although the fact that an agency to give effect to the legal safeguards provided by the Convention and a legal organ to supervise the observance of the Convention are to be established is a matter for satisfaction, the circumstance that the agency and tribunal are not to be established and enter into operation until some future date gives ground for misgiving. Before entering into an obligation States have the right to know the scope of the obligation and in "what manner and to what extent they are to participate in the bodies to be established* The provision in article 11, paragraph 3, which envisages the establishment of the bodies in question on the proposal of only one of the extracting Parties if the agency or tribunal has not been established within Wo years, accordingly seems excessive» It would therefore seem desirable that A/CONF.9/5 English Page 22
the establishment and operation of both the agency and the tribunal should be laid down within the framework of the Convention. If this is impossible, at least paragraph 3 of article 11 should be deleted. It is essential that Contracting States as well as individuals should have the right to appeal to the "agency". Whether the appeal is made by a State or by an individual, the "agency" should have exclusive authority to set the machinery of the tribunal in motion» The Turkish Government further considers that the provision in article 11, paragraph ^4-, concerning the acceptance of the compulsory jurisdiction of the International Court of Justice in regard to disagreements arising out of the application or interpretation of the Convention on the Reduction of Future Statelessness is objectionable as it would permit disputes to be referred to two different international tribunals and in such case it is possible and likely that two different opinions may be given. The provision would thus tend to diminish the prestige of the tribunals in question and article 11, paragraph h, should therefore be deleted.» It is also considered essential that the principle of national representation in both the "agency" and the "tribunal" should be recognized.
• Articles 12-18
No comment. NATIONS Distr. GENERAL GENERAL A/CONF,9/5/Add.l 12 March 1959 ASSEMBLY ENGLISH ORIGINAL: SPANISH
UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS
Addendum to Comments "by Governments on the revised Draft Convention on the Ell-mi.nation of Future Statelessness and the revised Draft Convention on the Reduction of Future Statelessness prepared by the International Lav Commission at its sixth session
Transmitted, by a Note Verbale from the Permanent Mission of Spain to the United Nations dated 9 March 1959.
/Ori gi nal: Spani s h/
COMMENTS ON THE DRAFT CONVENTIONS ON THE ELIMINATION AND REDUCTION OF STATELESSNESS
!• Statelessness and Spanish legislation
3he Civil Code of I889, as virtually all the statutes of that period, never envisaged the possibility of any of its provisions causing cases of statelessness; and subsequent international doctrine and practice both failed to bring about a sufficient change in ideas on the law of nationality to prompt
the prevention of such cases through the legislative process9 which would have required the adjustment of traditional principles such as the rule of the supremacy of the national interest. Moreover, Spain did not become a party to the Protocols of 1930. It was thus a radically new departure - preceded only by a few special orders of the ^giatrar-General's Office - when the act of 15 July 195^, for the first time n Spanish legal history, placed the principle of the reduction of statelessness on the statute book. ^e Preamble of the Nationality Act states that tho legislator wished "to clUtate the acquisition of Spanish nationality^ so far as is reasonably possible, 59-06156
p.) A/CONF.9/5/Add.l English Page 2
and to restrict accordingly the causes of its forfeiture". These words, read in their context and with due regard to the general structure of the Act, must be understood to mean that the purpose was not to increase the number of nationals indiscriminately, but rather to make the acquisition or retention of Spanish nationality somewhat easier. It is expressly and solemnly stated that "the Act has rectified the excessively automatic character of the Civil Code, which was so apt to create cases of statelessness". This line of thought is particularly apparent in the following provisions:
"Children born of a Spanish mother shall be Spanish nationals, even if their father is an alien, if they do not follow the nationality of the father" (part 17 (2)).
"2he following shall lose Spanish nationality:
"A Spanish woman who, by marriage with an alien, acquires her husband's nationality" (art. 23, (3)); "A woman whose husband loses Spanish nationality, if she is not legally separated from him and her nationality depends on his" (art.23, (4)); "Minors under parental authority whose father loses Spanish na^^Umalit^ provided that their nationality depends on that of the father." (art. 23, ' "
Other provisions which contribute to the reduction in cases of statel ssness are the rule according to which persons born in Spain of unknown parents shall be
deemed Spanish nationals (art, 17, h)y and the rule which vests in all other persons born in Spanish territory of foreign parents the power or right to acquire Spanist nationality by option (without restrictions, or the possibility of objection on the part of the Government) (art. 18, (l)). The special consideration shown to refugees and stateless persons is also evident from the fact that they are entitled to enjoy the same benefits as Spanish nationals under the Urban Rents Act of 22 December 1955 (consolidated text of 13 April 1957, embodying the amendments contained in article 1 of the Decree of 22 February 1957)» Furthermore, a stateless person is allowed to make an official declaration of domicile (art. 96, (3) of the Civil Status Act of 8 June 1957; art. 337 Of the Regulation of 14 November 1958) in order to facilitate the application, in his favour, of the Domicile Act (to which the preamble of the Decree of 22 February 1957 refers). A/CONF.9/5/Add.l English Page 3
In order to assess properly the legislator *s preoccupation with the elimination of statelessness, it should be noted that he considered this objective more important than the conservation of the juridical unity of the family; yet such conservation is a fundamental principle of Spanish law, authoritatively described as designed to prevent cases where members of one family "become foreigners to each other, with several different laws governing their relationships" (speech of the Minister of Justice before the Cortes in defence of the Nationality Bill). In conclusion, therefore, it would be difficult to find today a legal system which makes more comprehensive provision than Spanish legislation for the reduction of statelessness and for furthering the interests of stateless persons and refugees.
2. Purpose and general characteristics of the draft conventions
The preambles of the International Law Commission's two drafts both refer, in the first place, to the Universal Declaration of Human Rights (adopted on 12 December 19^8), which proclaims that "Everyone has the right to a nationality" (art. 15). In reality, however, the drafts could not remain true to the precept of the Universal Declaration. The idea of the supremacy of State sovereignty and the belief of States in the soundness of their own legislation are today as serious obstacles to international action as they were in 1930. So much so, in fact, that the International Law Commission has abandoned its attempt to prepare a Convention on the elimination of present statelessness, stating that, in view of the great difficulties of a non-legal nature which beset the problem, the proposals adopted, though worded in the form of articles, "should merely be regarded as suggestions which Governments may wish to take into account when attempting a solution of this urgent problem. Ihe full text of the relevant provision of the Universal Declaration reads as follows:
II Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied the ih to change his nationality." A/COKF.9/5/Add.l English Page h
The drafts unfortunately have not adhered to the letter and spirit of that provision. None of their articles recognize a stateless person's right to acquire a nationality. A nationality is imposed upon him, whether he wishes it or not» Would it not have been more consistent with the Declaration and more convenient for the stateless persons and even for the receiving States to grant such persons a right to opt for the nationality of their country of residence? Both drafts propose that the domestic legislation of States should "be amended, to ensure that no person shall find himself without a nationality merely because the husband or father loses his» This may be said to be an equitable safeguard. It should have been accompanied, however, in order to conform with the Declaration, by a ri^ht right to change nationality; the convention should recognize that the wife or child are entitled to acquire the nationality of the husband or father» One defect of the drafts, which gravely impairs their effectiveness, is that they refer solely to "de jure" stateless persons, i.e., those whose lack of nationality has been duly established. No provision is made for de facto stateless persons, i.e. those suffering persecution or enjoying no protection from their country of origin. The acquisition by such persons of the nationality of the country of residence should be facilitated, for they are at present confronted with the difficulty of proving statelessness. This negative condition can only be fulfilled in a relatively satisfactory manner in cases where there has been deprivation of nationality by an express statutory provision or by a judicial or administrative order; in other cases, it is practically impossible to prove anything other than flight, persecution or abandonment. The drafts start from the premise that the possession of a nationality is desirable. The Commission has taken into account the fact that the oft-proclaimed equality of nationals and aliens before the law (stipulated in article 27 of the Civil Code) has again been on the wane, until very little of it remains. The stateless person is subject to all the restrictions which the law places on aliens and enjoys none of the rights and advantages granted to subjects of specified countries (no most-favoured-nation clause can operate in his favour). Since an individual cannot be an active subject of international law, the stateless person, being unable to claim the protection of any country (status activus. A/CONF.9/5/Add.l English Page 5
ad protectionen), is abandoned to his fate. But it is doubtful whether the stateless person's interests are best served by jjngosing a nationality upon him» What displaced persons and refugees seem to desire is the restoration of the ^us communicationis. on the removal of artificial barriers, freedom of establishment and the facilitation of naturalization in the country of their choice. The aforesaid should not be construed as a censure or reproach directed against the authors of the drafts. The attainment of the liberal objectives of the Universal Declaration was undoubtedly hindered by the cautious attitude of Governments. The proposals may be regarded as a first step, likely to contribute both to the removal of inequities and, above all, to the formation of a proper climate of opinion,
5, Preambles of the drafts
The preambles of the two drafts are substantially the same and can consequently be considered together. The first two preambular paragraphs base the drafts on the Universal Declaration of Human Rights and on the recognition by the Economic and Social Council of the need to consider the problem of stateless persons in order "to ensure that everyone shall have an effective right to a nationality". The third paragraph refers to the "suffering and hardship shocking to conscience and offensive to the dignity of manïf, to which statelessness gives rise. As has already been shown, the drafts fail to guarantee human rights or to offer an effective and complete remedy for the evils mentioned in the preambles. In fact, their objective has been so limited that it seems to be no wider than that of the I930 Protocols: the suppression of a cause of the "friction between States" mentioned in the fourth pyeambular paragraph. The fifth paragraph is ambiguously worded and, unless revised, may be interpreted as a statement inconsistent with the body of opinion favouring the recog,aition of the indiriciual as ari active subject of international law. The general wording of the presmbular paragraphs seems inexact or over-sanguine* is incorrect to say that the practice of S-tevfcss has increasingly tended to ûe progressive elimination of statelessnesso Rules sponsored by feminist °vements and those brought about by the weakening of family ties can hardly be A/CONF«9/5/Add.l English Page 6 regarded as evidence of such a tendency. All that can be said is that the legislation of various countries - as, for example, Spanish legislation - seeks to prevent cases of statelessness from arising, k» The articles of the drafts
The two drafts are similarly numbered and contain many common provisions. In view of this, and in order to avoid needless repetition, they will be considered together, with the differences pointed out where they occur. Also, for the sake of brevity, they will be referred to as "the elimination draft" and "the reduction draft".
Article 1
(a) The "elimination draft" automatically imposes the nationality of the place of birth on any person who would otherwise be stateless. The wording, at least in the Spanish text, leaves something to be desired. The expression "shall acquire at birth" may be interpreted to mean that every person who finds himself without a nationality shall acquire - even though without retroactive effect - the nationality of the State in whose territory he was born. Such a stipulation seems inadmissible. The proposed rule has the defects inherent in a rigid jus soli system. For example, a stateless woman may become indisposed while travelling and give premature birth to a child at Barcelona airport. Shortly afterwards, the mother and child continue their journey to Brazil, where the family proceeds to settlet Why should the child, in such a case, have Spanish nationality imposed upon him ex nativitate? Œhe solution proposed in the draft is contrary to Spanish law. Before the 195^ reform it might have been admissible, by virtue of the original article 17 of the Civil Code, although most learned authorities thought otherwise. Since the new wording of the Civil Code, however, there seems no doubt that it would be rejected. (b) !Ihe "reduction draft" is not so difficult to reconcile with the legislation of countries which follow the jus sanguinis. But there is a difficulty about the provision that a stateless person who on attaining the age of A/CONF.9/5/Add.l English Page 7 eighteen years "does not opt for" another nationality thereupon acquires the nationality of the country of his birth; it disregards the will of the stateless person, for it imposes on him a nationality which he may not desire. If he has not been normally resident in the country of his birth (from the time of his birth) and there is no possibility of his acquiring or having imposed on him any other nationality, i,ee if he continues to be stateless (the text incorrectly uses the words "would become"), he is automatically made to take the nationality of one of his parents (jus sanguinis). But, here again, there is the possibility that the State concerned may make the acquisition of its nationality dependent* upon the person having been normally resident in its Territory, Moreover, it should be made clear what is meant by "normally resident", for the Spanish text of the draft speaks of residencia normal in article 1 and of residencia habitual in article k. (c) It would seem preferable to adopt a simple and clear system. The system envisaged in the "elimination draft" has the advantage of fixing nationality from the time of birth. This is in the interest of the person concerned, for it will entitle him to benefits during his youth (facilities for study, scholarships etc.), and also of the State, for the sense of national "belonging" helps to develop that sentiment of attachment and fidelity which has always been regarded as a necessary concomitant of citizenship» Spanish law does not provide for this mode of acquisition, but neither does it reject it. The "reduction draft" raises difficulties through its needless coapljexity> The system envisaged in article 18 (l) of the Spanish Civil Code, which is clear and easy to apply, would seem more appropriate for the purpose,
Article 2
This article is the same in both drafts and its incorporation into Spanish law should not present serious difficulties. It would only be necessary to convert what is now a presumption of fact (Civil Code, arts, 12^9 and 1253) into a Presumption juris tantum (arts. 1250, 1251), The presumption in the draft neither 6eems *° be nor should be a presumption juris et de jure. At least in the Spanish text, the excessively narrow term exposito (foundling) be replaced by an expression designed to cover a child in whose case the factors are not only the parents but also the place of birth. / A/COMF.9/5/Add*l English Page 8
Article 3
This article is the same in both drafts, The cases envisaged are so exceptional that it is of little practical importance wbether this provision is approved or rejected» The only danger is that it might give the impression that the acquisition of a nationality is a matter of pure chance and, at times, also open to fraud. A child may be born, for example, on a coasting vessel plying between national ports but flying a foreign flag; on a ship in transit between territories neither of which belongs to the State of the flag or of registration; or on a ship flying a flag of "convenience" (Panamanian, Liberian etc.). Again^ childbirth may occur during a visit on board a foreign ship; or the mother may embark in order to give birth during the voyage, so that the child may acquire the ship ls nationality.
Article k
The "elimination draft" lays down the jus sanguinis rule as a supplement to the jus soli rule in article 1, in order to provide for cases where the latter cannot apply because the birth takes place in a country which is not a party to the Convention. According to the view held in Spain and many other countries, the reverse order should have been followed and the jus sanguinis given priority. The proposed article, however, is not open to serious objection, as it would have certain beneficial effects. For example, a child born of a German father and a stateless mother in the territory of a State whose nationality is not acquired by the jus soli would take German nationality (assuming that Germany ratified the Convention). The "reduction draft" seems excessively restrictive. It allows a party to make the acquisition of its nationality dependent on the person having been "normally resident" in its territory. This would hinder the practical application of the provision, for each State would be free to determine what it meant by normal residence.
Articles 5 a&?5. 6
These are the same in. both drafts and do not seem open to objection, since the underlying considerations in both cases seem to be substantially the same as those which prompted the reform of A/CONFo9/5/Md.l English Page 9
Some mention should perhaps be made of the special case of change in status in consequence of the discovery of a true parent of the person concerned (e.g., as a result of recognition or ascertainment of paternity or maternity; or upon a declaration of legitimate filiation). In any such case the jus sanguinis would come into play.
Article 7
The contents of the first paragraphs of this article, which is the same in both drafts, are designed to render ineffective any renunciation of nationality which results in statelessness. As renunciation is unknown in Spanish law, there would be no legal objection to accepting the proposal» The same can also be said regarding the second paragraph. The third paragraph, which is differently worded in each draft, also does not clash with Spanish legislation and, like the entire article, seems designed to serve a reasonable purpose. Some difficulties may perhaps be caused, however, "by the vagueness of the phrase "or on any other similar ground".
Article 8
In both drafts, this article is fundamentally incompatible with the letter and spirit of Spanish legislation and would seem likely to prove unacceptable to the majority of States. So far as its practical consequences alone are concerned, it is admittedly unexceptionable o No person has ever lost his nationality for any of the reasons indicated in article 23, paragraphs 1 and 2 of the Civil Code and no such cases of forfeiture are likely to occur in the future. The difficulty is not practical "but a matter of principle. On the one hand, these grounds of forfeiture are listed in a fundamental law (art, 20 of the Charter of the Spanish People) and, on the other hand, there is no convincing reason for abandoning certain basic criteria \fidelity, obedience, loyalty) which have to be considered in determining whether a person who would otherwise be without a nationality (and only such a person) should be deemed a national. However desirable the prevention of statelessness may be^ it would be unreasonable to undermine for that purpose the very conception of nationality. A/C0NF.9/5/Add.l English Page 10
By reason of the above, the text proposed in the "elimination draft" seems difficult to accept. The one in the "reduction draft" could be considered, subject to a few modifications. There should certainly be a possibility of depriving of nationality persons who "voluntarily enter or continue in the service of a foreign country in disregard of an express prohibition of their State". This provision is substantially consistent with Spanish legislation (Civil Code, article 23, l)« As regards paragraph 2, provision should be made for the possibility of loss of nationality (even if it results in statelessness) in cases of naturalized persons who are convicted for serious offences, if the aourt orders deprivation as an accessory penalty. (Penal Code, articles 3^ and 1^1; Civil Code, art. 23, (2)). The provision, common to both drafts, which stipulates that a State may not £sprive its nationals of their nationality "by way of penalty or on any other ground" seems unduly far-reaching. Such a provision could render ineffective a court order declaring null and void an acquisition of nationality based on false or defective documents.
Article 9 The same text is used in both drafts. The principle stated is most praiseworthy and can be accepted, provided that it is properly construed. For example, deprivation by court order in consequence of a conviction for serious offences committed against the external security of the State should not be regarded as dictated by "political" motives (Penal Code, arts. 120 to 139)»
Article 10 So far as its substance is concerned, this article, which is the same in both drafts, does not seem open to serious criticism. On the other hand, it seems hardly suitable for inclusion in a convention on statelessness. Governments can hardly envisage, on signing the convention, all the various possibilities to which a transfer of territory may give rise, and they clearly cannot assume a binding international commitment in that matter in advance. The provision thus seems to be as unnecessary as it is impracticable and imprudent. English Pa.ge 11
Article 11
Both drafts propose the establishment of; (l) an agency, within the framework of the United Nations, to act oa behalf of stateless persons; (2) a tribunal, also within the framework of the United Nations, competent to decide any dispute between States concerning the interpretation or application of the convention and between stateless persons and States in cases of denial of nationality. Furthermore, the parties would agree to submit to the International Court of Justice any dispute concerning the interpretation or application of the convention not referred to the aforementioned special tribunal. The organization envisaged seems wholly disproportionate* The drafts call for the establishment of a gigantic, inevitably costly and complicated machinery to deal with a matter which the convention would render of secondary significance and which, in any event, cannot be expected to give rise to numerous and important cases. It is not easy to imagine situations sufficiently serious to justify the creation and putting into operation of United Nations organs; but if the unlikely should happen and, because of the attitude of the parties or the gravity of the issues, the agency or special tribunal were in fact called upon to give decisions, the proceedings themselves could endanger the purposes of the
convention and even its continued existence. There would be the risk of Statesf anxious to be spared vexing complaints, closing their frontiers to stateless persons altogether. Moreover, if conflicts should arise between States^ they would probably proceed to denounce the convention which was the source of such annoyance. The lack of confidence which the drafts seem to show in the national courts of the possible signatory States seems neither fair nor prudent « Normally, the national courts will be the stateless person's best and most convenient safeguard.
gormal prwirinna (arts* 12 to 18)
Article 15 deals with reservations. It permits any State to postpone, or a period not exceeding two years, the application of the convention pending e enactment of necessary legislation.» This seems also to give States the possibility of choosing the mods of applying the convention: either by changing English Page 12
(or enacting the necessary) domestic legislation, or "by making the rules of the convention have (or acquire) the force of municipal provisions with immediate effect. Paragraph 2 of article 13 prohibits any other reservation» It should be noted., however, that articles 1 and k of the "reduction draft" contain provisions which would amount to reservations in practice (States may impose conditions). Lastly, the period of two y^ars allowed by article 13 for bringing the different national legislations into line with the convention seems excessively short and should preferably be extended. UNITED NATIONS Distr. GENERAL GENERAL 24 Aiarch 1959 Original; ENGLISH
UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS
Addendum to Comments by Governments on the revised Draft Convention on the Elimination of Future Statelessness and the revised Draft Convention on the Reduction of Future StatelQBenees prepared by the International Law Commission at its sixth session A/C0NP.9/5/Addo2 page 2
_10. JAPAN Letter from the Permanent Mission of Japan to the United Nations dated 18 March 1959
The Japanese Government realizes the necessity of an international treaty on the Elimination or Reduction of Future Statelessness, Although the present Nationality Law of Japan, promulgated in 1950, is based on the principle of jus sanguinis, it admits to some extent the application of the principle of .jus soli, since it contains a provision which states that a child born in Japan shall acquire Japanese nationality at the time of its birth if both of its parents are not known or are stateless„ In addition, under the present legislation of Japan, no person
could be deprived of his Japanese nationality? however, the renunciation of Japanese nationality by a Japanese national is permitted upon his acquisition of another nationality. Accordingly, this Government considers that it has already taken most of the measures that are expected of the governments when either or both of the draft Conventions on the Elimination or Reduction of Future Statelessness prepared by the International Law Commission come into force. These two draft Conventions provide for the elimination or reduction of future statelessness, based mainly upon the principle sanguinis» However9 as a Convention f this kind will necessarily be the result of compromises between the Governments whose national laws may be based on different principlesj it is not reasonable that these Governments should adhere to their respective principles, especially when no substantial conflict exists between the proposed draft Convention and their national laws. The Japanese Government regards the draft Conventions on the Elimination of Future Statelessness adopted by the International Law Commission (hereinafter referred to as the first draft) to be more acceptable to it, that the draft Convent on the Reduction of Future Statelessness also adopted by the Commission (hereafter referred to as the second draft), since the former does not contain provisions regarding the system of conditional acquisition of nationality* Following are "the comments of this Government on the Articles of the draft Convention; A/CONF.9/5/Add.2 page 3 Article 1: This Government prefers the first draft to the second. It, however, hopes that an amendment will be made limiting the application of the Article to persons whose parents are both not known or are stateless at the timef Article 4: The first draft is preferred to the second. In case Article 1 is amended as suggested above, it is desirable that this Article be amended to make it applicable irrespective of the place of birth. Article 5 to Article 9Î This Government prefers the first draft to the second. None of these Articles are in conflict with the present Nationality Lavr of Japan. Article lit Although this Government is not opposed in principle to the proposed establishment of an agency referred to in paragraph 1 of this Article, it does not agree with the suggestion to establish the tribunal as set forth in paragraph 2» Most of the disputes arising out of the application or interpretation of the international convention on the Elimination or Reduction of Future Statelessness would not be disputes between States, but would be between a State and the agency acting for those individuals who believe that their rights to a nationality have been impaired. The dispute of the latter type are of such nature that, generally speak- ing, they should be settled as domestic mattersby the Governments concerned, except when there is an apparent breach of treaty obligations. This Government therefore feels that such disputes should not be settled by an international tribunal empowered to give decisions which will be legally binding upon the parties; they may well be settled by an international investigation or mediation committee empowered to give recommendations to the parties. Paragraph 3 of this Article provides for the right of any of the Parties to the Convention to request the General Assembly of the United Nations to establish the agency or the tribunal referred to in this Article if neither has been established within the designated time. This right accorded to the Parties may be construed as lmPosing an obligation on the part of the General Assembly to take up such request. lnce, according to paragraph 1 of Article 12, the Parties to the Conventions will be limited to the Member States of the United Nations, this Government wishes to nt out the necessity of amending the present paragraph so as to limit its scope application to those Parties which are Member States of the United Nations, UNITED NATIONS Distr. GENERAL A/CONP.9/5/Add.3 GENERAL 31 March 1959 ASSEMBLY Criminal : ENGLISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURS STATELESSNESS Addendum to Comments by Governments on the revised Draft Convention on the Elimination of Future Statelessness and the revised Draft Convention on the Reduction of Future Statelessness •prepared by the International Law Commission at its sixth session p.) A/CONF.9/5/Add.3 page 2 jj.. IRELAND Memorandum transmitted by a Note from the Minister for External Affairs to the Secretary-General of the United Nations, dated 28 March 1959 INTRODUCTION 1. The Government of Ireland consider that, before they comment on the Draft Con- vention on the Elimination of Future Statelessness and the Draft Convention on the Reduction of Future Statelessness, it may be useful if they furnish a summary of Irish nationality and citizenship law insofar as it may be relevant to the problem of siatelessness. SUMMARY OF IRÏ3H NATIONALITY AND CITIZENSHIP LA¥ 2. Irish citizenship may be acquired (a) by birth, (b) by descent, (c) by adoption, (d) on marriage and (e) by naturalisation. The following are the main relevant provisions of Irish law: (a) Every person born in Ireland or on an Irish ship or aircraft is an Irish citizen. Every deserted infant first found in the State is, unless the contrary is proved, deemed to have been born in Ireland and consequently to be an Irish citizen. (b) Every person who is born outside Ireland and either of whose parents is at the date of the person's birth an Irish citizen, is an Irish citizen; subject to the condition that where neither parent is an Irish citizen born in Ireland, the person's birth is registered in the prescribed manner. Registration is an indefensible right and may be effected at any time. (c) Where a child is adopted under the Irish Adoption Act, 1952, the child, if not already an Irish citizen, becomes one if the adopter or, in the case of an adoption by a married couple, either spouse is an Irish citizen. (d) An alien woman who marries an Irish citizen does not thereby acquire Irish citizenship. If, however, her husband is an Irish citizen otherwise than by naturalisation, she may, at any time and as of right, become an Irish citizen by lodging a declaration of acceptance of Irish citizenship as her post-nuptial citizenship» It may here be mentioned that Ireland is a party to the Convention on the Nationality of Married Women done at New York on the 20th February, 1957. (e) Irish citizenship may be conferred on an alien by means of a certificate of naturalisation granted by the Minister for Justice. It is unnecessary to specify here the conditions for the issue of a certificate. It is sufficient to say that the decision to grant an application for a certifi" cate is at the absolute discretion of the Minister, subject to the applicant's compliance with the conditions. 3. There are only two ways in which an Irish citizen may lose his or her citizenship viz: A/CONF.9/5/Add.3 page 3 (a) voluntary renunciation^ and (b) in the case of a naturalised citizen only, revocation of that citizen's certificate of naturalisation. The death of, OP the loss of Irish citizenship by, an Irish citizen does not affect the citizenship of the spouse or children. A person who marries an alien does not thereby cease to be an Irish citizen, whether or not that person acquires the nationality of the alien. There is no provision of Irish law under which a person who is an Irish citizen (otherwise than by naturalisation) can be deprived of Irish citizenship because he has or acquires another nationality. 4, Every Irish citizen, who is ordinarily resident outside the State and who is either of full age or a married woman under that age, may renounce Irish citizenship in the manner prescribed by law, but only on condition that he or she has or acquires the nationality of another country. I*i time of war renunciation is subject to the consent of the Minister for Justice. 5. No act or omission on the part of a naturalised Irish citizen will of itself operate to deprive him or her of Irish citizenship, except voluntary renunciation which a naturalised Irish citizen is entitled to make on the same conditions as any other Irish citizen. However, the Minister for Justice may revoke a certificate of naturalisation if he is satisfied - (a) that the issue of the certificate was procured by fraud, misrepresentation whether innocent or fraC&i&lent, or concealment of material facts or circumstances, or (b) that the person to whom it was granted has, by any overt act, shown himself or herself to have failed in his or her duty of fidelity to the nation and loyalty to the State, or (c) that (except in the oase of a certificate of naturalisation which is issued to a person of Irish descent or associations) the person to whom it is granted has been ordinarily resident outside Ireland (otherwise than in the public service) for a continuous period of seven years and irlthout reasonable excuse has not during that period registered annually in the prescribed manner his or her name and a declaration of his or her intention to retain Irish citizenship with an Irish diplomatic mission or consular office or with the Minister, or (d) that the person to whom it is granted is also, under the law of a country at war with the State, a citizen of that country, or (e) that the person to whom it is granted has by any voluntary act other than marriage acquired another citizenship,. A/CONF.9/5/Add.3 page 4 Before revoking a certifieate, the Minister is required to give notice to the person concerned, stating the grounds for the intended revocation and the right of the person to apply to the Minister for an inquiry as to the reasons for the revocation. On such application, the Minister must appoint a Committee of Inquiry( the chairman of which is required to have judicial experiencej to report their findings to the Minister, It remainsf however, for the Minister to decide whether or not to revoke the certificate of naturalisation. OBSERVATIONS ON DRAFT CONVENTION ON THE ELIMINATION OF FUTURE STATELESSNESS 6. Articles 1, 2, 3, 5, 6, 7(l) and (2), 10, 12, 14, 15, 16, 17, 18 The Government of Ireland have no objections to these provisions. 7. Article 4. As explained at (b) of paragraph 2 above? in the case of a person born outside Ireland either of whose parents is at the date of that persons birth an Irish citizen but neither of whose parents is an Irish citizen born in. Ireland; that person is an Irish citizen only on condition that his or her birth is registered in the prescribed manner. The Government of Ireland have no objection to this Article if the word "acquire" can be interpreted as meaning "acquiiH or be enabled as of right to acquire". It may be mentioned in connection with the second sentence of this Article that Irish law does not recognise that the national^ of the father prevails over tnat of the motherr since Irish citizenship may be derived from the father or the mother, &. Articles 7(3), 8. The Government of Ireland have no objection to these provisions save insofar as they relate to naturalised citizens. The circumstances in which the Minister for Justice may revoke a certificate of naturalisation of a naturalised Irish citizen; have been explained in paragraph 5 above. The Governm011 would, however, be prepared in principle to agree that a certificate of naturalist1 would not be revoked merely on grounds of failure to register, where the revocation would result in statelessness. 9* Article 9. The Government of Ireland have no objection to this Article save insofar as it would prohibit absolutely the revocation on political grounds of a certificate of naturalisation of a naturalised Irish citizen. In Irish the Minister for Justice has the power to revoke a certificate on two grounds w might be regarded as political; viz,; A/C0NF.9/5/Add.3 page 5 (a) if the naturalised Irish citizen concerned has by any overt act shown himself or herself to have failed in the duty of fidelity to the nation and loyalty to the Statej (b) if the naturalised Irish citizen concerned is also a citizen of a country at war with Ireland. It will be noted that in the case of (b) statelessness cannot result from the revocation of the certificate of naturalisation. 10. Article 11. The Government of Ireland reserve their position for the moment in regard to the establishment of an agency and a tribunal. They wish to emphasise in this connection that the Irish Courts alone are competent to determine whether or not a person is an Irish citizen under Irish law. 11. Article 13. Inasmuch as the Government of Ireland could not accept all the provisions of the Draft Convention^ this ^r.Vicle is unacceptable. OBSERVATIONS ON IRAK! CONVENTION ON THE REDUCTION OP FUTEES STATELESSNESS 12. Articles 1, 2, 3, 5, 6, 7, 10, 12, 14, 15, 16, 17, 18. The Government of Ireland have no objection to these provisions, 13- Ajrticle_4_p See the observations in paragraph 7 above on the corresponding Article in the Draft Convention on the Elimination of Future Statelessnoss. 14. Article 8 (l)» The Government of Ireland have no objection to these provisions save insofar as they relate to naturalised citizens. The circumstances in which the Minister for Justice may revoke a certificate of naturalisation of a naturalised Irish citizen nave been explained in paragraph 5 above. The Government would; however, be prepared in principle to agroe that a certificate of naturalisation would net be revoked merely on grounds of failure to registerj where the revocation would result in statelessness. It may be mentioned here that residence by a naturalised Irish citizen in his or her country of origin is not in itself a ground on whioh that citizen1s certificate of naturalisation may be revoked. 15« Article 8(2). The decision to revoke a certificate of naturalisation lies with the Minister for Justice. As explained in paragraph 5 above, the Minister must; before revoking a certificate; inform the naturalised Irish citizen concerned of his or her right to have the reasons for the intended revocation inquired into by a Committee of Inquiry, the chairman of which is required to have judicial experience. The Committee of Inquiry is not a judicial authority. A/CONP.9/5/Add.3 page 6 16. Article 9. See the observations in paragraph 9 above on the eorreapcnding Article in the Draft Convention on the elimination of Future Statelessness. 17. Article 11* See the observations in paragraph 10 above on the corresponding Article in the Draft Convention on the Elimination of Future Statelessness, 18• Article 13» See the observations in paragraph 11 above on the corresponding Article in the Draft Convention on the Elimination of Future Statelessness. CONCLUSION 19. The preceding observations on the two Draft Conventions are of a preliminary nature and should not be taken as exhaustive. The fact that the Government of Ireland state that they have no objection to any particular provision does not necessarily mean that they regard that provision as fully suitable in form and content, 20. The Government of Ireland view with sympathy efforts on the international plane to reduce the incidence of statelessness. As will be apparent from this Memorandum, great care has been taken in Ireland to ensure that statelessness will not occur in consequence solely of circumstance or of an act or omission of an individual Irish citizen» The Government of Ireland regret, however, that they do not consider acceptable those provisions of either Draft Convention which would prohibit a Contracting State from terminating, by formal act of a Minister of State in accordance with law, the citizenship of a naturalised citizen who (a) obtained naturalisation by fraud, misrepresentation or concealment of material facts or circumstances, or (b) showed himself or horself by overt act to be disloyal, or (c) was also a citizen of a country at war with the country of naturalisation, Statelessness could not be a consequence of termination of citizenship in case (c)f In any case where the revocation of an Irish certificate of naturalisation would result in statelessness, the Minister for Justice would take this factor into consideration in deciding whether or not to revoke the certificate. UNITED NATIONS Distr. GENERAL GENERAL A/COMP.9/5/Add.3/Corr.l ASSEMBLY 13 April 1959 ENGLISH ONLY UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OP FUTURE STATELESSNESS to the Addendum to Comments "by G-overnmeniis on the revised Draft Convention on 1the Elimination of Future Statelessness and the revised Draft CConvention on the Eedu<ïtion of Futur*» Statelessness prepared by the International Law Commission at its sixth session In paragraph 2(b), in the last sentence replace the word 'indefensible' "by the word 'indefeasible1. dp.) UNITED NATIONS Distr, GENERAL GENERAL A/CONF.9/6 25 March 1959 ASSEMBLY ENGLISH ORIGINAL: FRENCH UNITED NATIONS CONFERENCE Œ THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS History of the two draft conventions. one dealing with the elimination of future statelessness and the other with the reduction of future statelessness. prepared by the International Law Commission p.) A/CONF.9/6 page 2 HISTORY OP THE TWO DRAFT CONVENTIONS, ONE DEALING WITH THE ELIMINATION OF FUTURE STATELESSNESS AND THE OTHER WITH THE REDUCTION OF FUTURE STATELESSNESS, PREPARED BY THE INTERNATIONAL LAW COMMISSION 1« At its first session, in 1949, the International Law Commission selected "nationality, including statelessness", as a topic for codification. It did not, however, include that subject in the list of topics to which it gave priority-', 2. During its third session, in 1951, the Commission was notified of resolution 319 B III (XI) adopted by the Economic and Social Council on 11 August 1950, in which the Council requested the Commission to "•••# prepare at the earliest possible date the necessary draft international convention or conventions for the elimination of statelessness". In response to that request, the Commission at the same session decided tô initiate work on the topic of nationality, including statelessness, and 2/ appointed Mr. Manley 0. Hudson special rapporteur on the subject-' . 3» Mr, Hudson, at the fourth session of the Commission, in 1952, submitted a report on nationality, including statelessness (A/CN.4/50). The report comprised a working paper on the subject of statelessness. In the course of its discussion of the report, the Commission decided to request the special rapporteur to prepare, for consideration at the fifth session, a draft convention on the elimination of future statelessness and one or more draft conventions on the reduction of future statelessness—' • 4, At the end of the fourth session, the Commission appointed Mr, Roberto Cordova special rapporteur on the topic of nationality, including statelessness, to replace Mr. Hudson, who felt unable to continue as special rapporteur. 1/ Official records of the General Assomblv. fourth session. Supploment No.lOf A/925, paragraphs 16 and 20* 2/ Ibid, sixth session. Supplement No.9r A/1858, paragraph 85» 2/ Ibid., seventh session. Supplement No.9t A/2163, paragraphs 29 and 31» A/C0NP,9/6 page 3 5. The Special Rapporteur presented to the Commission at ita fifth session a report (A/CNe4/64) containing articles of two draft conventions: one on the elimination of future statelessness and another on the reduction of future statelessnesso 6. The Commission discussed the two drafts at its 211th to 225th and 231st to 234th meetings» At its 234th meeting, held on 7 August 1953, the Commission adopted provisional drafts —* of both conventions and decided, in accordance with article 16 (h) and article 21, paragraph 2, of its Statute, to invite Governments to submit their comments on the draft conventions as formulated by it, 7. The Governments of the following fifteen countries replied with detailed comments on the two draft conventions in question: Australia, Belgium, Canada? Costa Rica, Denmark, Egypt, Honduras, India, Lebanon, the Netherlandsf Norway? Philippines j, Sweden, the United Kingdom and the United States of America (A/CNe4/82? Add.1-8) ^. 8. At its sixth session in 1954, during its 242nd to 245th, 25Oth? 251st? 271st, 273rd to 276th and 280th meetings, the Commission discussed the observation of Governments and redrafted some of the articles in the light of their comments —' • 9. In its resolution 896 (IX) of 4 December 1954, the General Assembly, considering, inter alia, that the International Law Commission had presented two revised draft conventions on the elimination of future statelessness and on the reduction of future statelessness, expressed the desire, in paragraph 2 of the resolution, "that an international conference of plenipotentiaries be convened to conclude a convention for the reduction or elimination of, future statelessness as soon as at least twenty States have communicated to the Secretary-General their 7/ willingness to co-operate in such a conference."—' In paragraph 3 of the same resolution, the General Assembly requested the Secretary-General: "(a) To communicate, together with the present resolution, the revised draft Conventions to Member States and to each non-member State which is or hereafter becomes a member of one or more of the specialized agencies of the United Nations or which is or hereafter becomes a Party to the Statute of the International Court of Justice; 3/ Ibid.T eighth session. Supplement No,9r A/2456, paragraph 162 ** IM4.. •> ninth session. Supplement No,9» A/2693, Annex •J IMd.. ninth session. Supplement No.9. A/2693, paragraph 25. •" Ibid», ninth session. Supplement No.21f A/2890. A/CONF.9/6 page 4 "(b) To fix the exaot time and place for the conference, to issue invitations to those States to which the revised draft Conventions have been communicated and to take all other measures for the convening of the conference and for its operation in case the condition stated in paragraph 2 above is met a..„" 10. The Secretary-General communicated the text of these drafts to the States referred to in paragraph 3(a) of the resolution by letters dated 8 and XQ February 1955, and by letters subsequently addressed to States newly admitted to membership in the United Nations, at the time of their admission. In those letters, the Secretary-General requested States to inform him whether they intended io take part in the conference envisaged in the resolution, 11, In a further letter, dated 11 August 1958, the Sec^eta^y-General informed the said States that the condition laid down in paragraph 2 of the resolution had been fulfilled, and that he had therefore decided to convene the United Nations Conference on the Elimination or Reduction of Future Statelessness at the European Office of the United Nations j, Geneva, for the period from 24 March to 17 April 1959o Ke also requested States to submit their comments on the two revised draft conventions in question before 30 November 1958. The text of the comments presented by governments up to 23 March 1958 in accordance with that request are reproduced in a separate document (A/CONF09/5 and Add.1-2), NATIONS Distr. GENERAL 26 Karch 1959 ASSEMBLY L : iHGLISH UNITED NATIONS COI^SESNCE ON TEK ELIl-HK-lTION OH .EDUCTION 0? ?UTIL^ ÔTJVTSIÏC3SKESS This document supersedes the document bearing the sane symbol, previously distributed. (3 P.) I, (issued ;orior to 25 March 1959) Provisional agenda A/COW .3/1 Provisional rules of procedure A/DOEF.9/2 Memorandum Concerning the Method of VJork and Procedures A/CONF.9/3 of the Conference Denmark! Memorandum with Draft Convention on the Reduction A/CONF.9/4 of Statelessness Co laments by Governments on the revised Draft Convention on A/COMF.9/5 the Elimination of Future Statelessness and the revised Draft Convention on the Reduction of Future Statelessness Prepared by the International Law Commission at its sixth session Addendum to Co^iMents by Governments (Spain) A/CONF,9/5/Add.l Addendum to Comments by Governments (Jamn) A/CONF.9/5/Add.2 History of the two Draft Conventions, one dealing with A/CONF.9/6 the Elimination of Future Statelessness and the other with the Reduction of Future Statelessness, Prepared by the International Law Commission Memorandum submitted by Co-ordinating Board of Jewish A/CONF.9/NGCU. Organizations Information for Delegations A/C0NF.9/lnf,l II, DOCUMEIjTS /Since there exists only a li.yri.ted number of these documents, ""five copies of each are made available for reference in the Library, Room B 357 (UN Archives) 7 Report of the International Law Coùtnission GA/OR 8 Sess. Supp. 9 (A/24561) covering the work of its fifth session 1 June - 14 August 1953 Report of the Internationa Lav; Commission GA/OR 9 Sess. Supp# 9 (A/2693) covering the work of its sixth session 3 June - 28 July 1954 - 2 - Final Act and Convention relating to 1956,XIV,1 (E/CONF.17/5/Rev.l) the Status of Stateless Persons A Study of Statelessness 1949.XIV.2 (2/1112 & Add.l) Laws concerning Nationality (United 1954.Va (ST/L."]G/.ER.B/4 and Adds, 1-2) Nations Legislative Series) Yearbook of the International Law 1958.V.5 Vcl.2 ( Co.iiuiis3ion, 1952, Volume II The Problem of Statelessness /i/CN.4/56 (E/2230) A/CN,4/56/Add,l (E/2230/Add.l) A/CN,4/56/Add,2 //) Nationality including statelessness A/CN.4/64 A/CN.4A5 A/CN.4/66 A/CN.4/67 A/CNl!4/75 A/CN.4/81 A/CK.4/83 A/CN.4/84 Legal Status of Harried Women 1957,1V.8 (ST/SOA/35 Nationality of Karried vJbïH E/CN.6/254 E/CN,6/254/Add.l E/CN.6/254/Add,2 E/CN.6/254/Add.3 E/CN,6/254/Add,4 E/CN.6/254/Addfc5 Final Act and Convention relating to the Status of Refugees E/C0NFo2/l08/Rev,l SJbcth Committee : Summary Records of meetings and Annexes GA/OR. 9 sess* UNITED NATIONS Distr. GENERAL GENERAL Â/CONF.9/8 ASSEMBLY 7 April 1959 ORIGINAL: ENGLISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OP FUTURE STATELESSNESS Organs and agencies established by treaty within the framework of the United Nations (Prepared by the Secretariat of the United Nations) (7 P.) A/CONF.9/8 page 2 WITHIN THS ¥RkmaÔSK_ OF THE UNITED NATIONS 1. The present paper has been prepared by the Secretariat to assist the Conference in its consideration of the question of the establishment of the agency proposed in article 11 of the Draft Convention on the Reduction of Future Statelessness prepared by the International Law Commission at its sixth session. 1. Existing special bodies within the framework of the United Nations 2. The Charter of the United Nations, in addition to providing for the establishment of the principal organs, envisages two other categories of organs or agencies within the framework of or in relationship with the United Nations. These are: (l) subsidiary organs which may be set up in accordance with Article 7, paragraph 2, of the Charter and which are an integral part of the Organization and (2) specialized agencies established by intergovernmental agreement and having wide international responsibilities in economic5 social, cultural, educational, health and related fields, which are brought into relationship with the United Nations in accordance with Articles 57 and 63 of the Charter by means of agreement concluded with the United Nations. 3. There exists in practice a third category of organs which are neither subsidiary organs within the meaning of Article 7 (2), nor specialized agencies •within the meaning of Articles 57 and 63 of the Charter. These organs or agencies have one feature in common, i.e., they have been established by treaty. For the purpose of the present paper, they are referred to as "special bodies". Their relationship to the United Nations and the method of establishing such relationship are described below, •^• The Permanent_CeiitrP,1 Opium Board and the Drug Supervisory Body 4. The International Convention adopted by the Second Opium Conference on 19 February 1925, as amended by the Protocol of 1946, provided for the establishment of a Permanent Central Board (referred to hereinafter as "the Board") and set forth in detail the car's. OGIM v.n, functions and method of operation of the Board (Articles 19 to 27). The following provisions of the Convention indicated the relationship of the Board to the United Nations : —' "The members of the Central Board shall be appointed by the Economic and Social Council of the United Nations" (Article 19) "The Economic and Social Council of the United Nations shall, in consultation with the Board, make the necessary arrangements for the organization and working of the Board, with the object of assuring the 1/ League of Nations, Treaty Series, Vol.81, p.317, A/CONF.9/8 page 3 full technical independence of the Board in carrying out its duties under the present Convention, while providing for the control of the staff in administrative matters by the Secretary-General. "The Secretary-General shall appoint the secretary and staff of the Board on the nomination of the Board and subject to the approval of the Council". (Article 20) "The Central Board shall present an annual report on its work to the .Economic and Social Council of the United Nations. This report shall be published and communicated to all the Contracting Parties". (Article 27) Furthermore, in performing its functions, the Board may call the attention of the Economic and Social Council to certain matters and may, under some circumstances, publish a report on the matter and communicate it to the Council Urticle 24). 5. The Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs, signed on 13 July 1931, as amended by the Protocol of 1946, provided that the estimates furnished by the High Contracting Parties to the Permanent Central Board, constituted under the Convention of 19 February 1925, 2/ should be examined by^ "a Supervisory Body consisting of four members. The World Health Organization shall appoint two members and the Commission on Narcotic Drugs of the Economic and Social Council and the Permanent Central Board shall each appoint one member, "The Secretariat of the Supervisory Body shall be provided by the Secretary-General of the United Nations who will ensure close collaboration with the Permanent Central Board". (Article 5, paragraph 6) Except for these provisions regarding administrative coordination and personnel arrangements, the Drug Supervisory Body, like the Permanent Central Opium Board, enjoys operational independence in performing the duties prescribed by the Convention, 6» The Protocol referred to in the two preceding paragraphs was signed on 11 December 1946 for the purpose of transferring to the United Nations the powers exercised by the League of Nations under the International Agreements, Conventions and Protocols on Narcotic Drugs. By resolution 54 (I), the General Assembly- approved the Protocol and instructed the Secretary-General to perform the functions conferred upon him by the Protocol. 2J League of Nations, Treaty Series, Vol. 139, p.303. y See Annex to G.^. resolution 54 (I). À/CONF.9/8 page 4 B. The International Bureau for Declarations of Death 7. The Convention on the Declaration of Death of kissing persons, signed on 4/ 6 April 1950, contained the following provisions. "Article 8 "International Bureau for Declarations of Death "1. There shall be established within the framework of the United Nations an International Bureau for Declarations of Death /referred to hereinafter as "the Bureau^/. The Secretary-General of the United Nations shall determine its seat, composition, organization and method of operation. "Article 15 "A-p-proval by the General Assembly "The establishment of the International Bureau provided for in article 8 shall require the approval of the General Assembly of the United Nations." The functions and procedures of the Bureau were set forth in articles 8, 9, 10, 11 and 12 of the Convention. 8. The establishment of the Bureau was considered by the General Assembly of the United Nations at its fifth session. In his report"^ to the Assembly, the Secretary-General suggested that although the Convention had not yet come into force, "it would be advisable for the General Assembly, at its current session, to determine whether to approve the establishment of the International Bureau for Declarations of Death. Approval by the General Assembly, together with the necessary budget authorization, would enable the Secretary- General to establish the Bureau as soon as the Convention comes into forcef  decision in regard to the Bureau would also be of assistance to interested states in determining whether to accede to the Convention." 9. In accordance with rule 152 of the rules of procedure of the General Assembly» the Secretary-General further submitted to the Fifth (administrative and Budgetary) Committee a report"^ on the financial implications of the establishment of the Bureau while stating that the time of the establishment of such a Bureau would be governed by the date when the Convention came into force. In this report the estimate of expenditures was made on the basis of the maintenance of a small staf* and adequate provision for stationery, postage and printing for one full year of operation. 4/ A/CONF.1/9. 5/ GA (V) Annexes, agenda item 48, A/1329. 6/ Ibid.. A/C.5/390. A/CONF.9/8 page 5 10, On 16 November 1950, the General Assembly adopted resolution 493 (V) reading as follows: "The General Assembly, "Having regard to Article 15 of the Convention on the Declaration of Death of Missing Persons established by the United Nations Conference on Declaration of Death of Missing Persons, 111* Decides^ to approve the establishment of the International Bureau for Declarations of Death provided for in article 8 of the afore mentioned Convention;; "2« Decides that the expenses of the International Bureau should be assessed upon such non-member States as may become parties to the Convention, in accordance with the principle adopted in this respect in connexion with the ?l expenses of the International Court of Justice 07/ C» The International Atomic Energy Agency 11, By resolution 912 II (X), the General Assembly decided to call a conference on the final text of the statute of the International Atomic Energy Agency (referred to hereinafter as "the Agency") and requested the Secrettxry-G-eneral, in consultation with the Advisory Committee on the Peaceful Uses of Atomic Energy established by resolution 810 B (lX)y "to study the question of the relationship of the International Atomic Energy Agsncy to the United Nations, and to transmit the results of their study to the Governments concerned before the conference is convened"» This study—' was prepared and presented in the form of the basic principles which should be included in the agreement to be entered into between the United Nations and the Agency; and it was transmitted to the Governments concerned in accordance with the resolution of the Assembly. 12, The Statute of the Agency-* ? as adopted by the Conference on 26 October 1956, provided for consultation and, where appropriate, collaboration by the Agency with competent organs of the United Nations and with the specialized agencies concerned, .Y inis provision was based on a recommendation made by the Advisory Committee on Administrative and Budgetary Questions and approved by the Fifth Committee. The report of the Advisory Committee contained the following explanation (GA(V), Annexes,, agenda item 48 A/14897 paragraph 6)j "6<, The Convention is open for accession not only on behalf of Members of . e Waited Nations, but also on behalf of non-member States which are parties to e Statute of the International Court of Justice and other non-member States to ich an invitation is addressed, upon their request, by the Economic and Social uncil (article 13). The Advisory Committee therefore recommends that the expenses th .Irrterna"k:5-onal Bureau should be assessed upon such non-member States following j •PriELCipls adopted in connexion with the expenses of the International Court of ^ ice, the amount of the assessment being fixed by the General Assembly on the Commendation of the Committee on Contributions,.» Ato)» Annexes, agenda item 69, A/3122. A/CONF.y/S page 6 and for submission by the Agency of reports on its activities annually to the General Assembly of the United Nations and, when appropriate, to the Security Council. The Agency was also required to submit reports to the économie and Social Council and other organs of the United Nations on matters within the competence of these organs. The Statute further authorized the Agency to enter into relationship agreement with the United Nations- This agreement, based on the principles set forth in the study referred to in the preceding paragraph, vra»s subsequently ic/ concluded and approved by the General Assembly.—' II. Conclusion 13. From the foregoing summary of provisions, it may be said that the Permanent Central Opium Board, tlie Drug Supervisory Body and the International Bureau for Declarations of Death, while enjoying wide operational autonomy, are given a status in the framework of the United Nations, similar in some respects to that of subsidiary organs. In each case, however, the functions and powers of the special body are set forth in the constituent instrument concerned. The relation- ship of the International Atomic Energy Agency to the United Nations seems close, although not quite similar, to that between the United Nations and a specialized agency. 14. The integration of these special bodies into the United Nations system is effected through the acceptance by the United Nations either by resolution of the General Assembly, as in the case of the International Bureau for Declarations of Death, or by agreement, as in the case of the International Atomic Energy Agency. 15. The report of the International Law Commission covering the work of its fifth session contained the following comments on the draft article envisaging the establishment within the framework of the United Nations of an agency and a tribunal to deal with cases of stateless persons:-—' "It was not considered necessary at this juncture to provide for the details of the organization either of the agency referred to in paragraph 1 or of the tribunal referred to in paragraph 2. That task must be left, in the first instance, to the contracting parties. It is only when they have failed to take the steps necessary for the purpose or when they have failed to come to en agreement on the subject that the setting up of the agency or the tribunal or both will become a responsibility of the General Assembly of the United Nations acting at the request of any of the parties." 10/ GA resolution 1145 (XEl), cf. GA resolution 1115 Ul), 11/ GA(VIII). Supplement No. 9 (A/2456),pp. 26-27. A/CONF.9/8 page 7 "After the draft conventions have been approved by the General Assembly and accepted, by States, they will become, In a general sense, United Nations Conventions, The United Nations, by giving its approval to the Conventionsi will accept the responsibilities - including those of a financial nature - devolving upon it under the various provisions of Article 10 ^which became Article 11 in the revised draft/. The Commission considers that, quite apart from any obligation implied in the approval of the conventions, it is consonant with the purposes and principles of the United Nations that the Organization should assist actively in the implementation of conventions of that kind. ..." 16. Since the General Assembly had decided to call a conference to conclude convention(s) instead of undertaking itself to approve the draft conventions), it is obvious that the observations of the International Law Commission quoted above are no longer applicable. In the light of existing practice regarding the establishment of special bodies within the framework of the United Nations, it is for the Conference to specify in its convention the functions and powers of the agency envisaged in article 11 of the International Law Commission's draft, while leaving such questions as organization, composition and method of operation to the General Assembly of the United Nations. The nature of the proposed agency being analogous to that of th'e International Bureau for Declarations of Death, the provisions of the 1950 Convention creating the Bureau may be taken into account by the Conference in drafting articles in this respeot to be embodied in the Convention. 17. fhile the Conference may include in its Convention an article to the effect that the General Assembly of the United Nations should approve the establishment °i the agency as was done in the 1950 Convention referred to in paragraph 7 abovet may, as an alternative, adopt a resolution to this effect, independently of fte text of the Convention. The resolution would request the General Assembly o approve the establishment of the proposed agency as envisaged in the text of the convention. UNITED NATIONS Distr GENERAL A/CONF.9/9 14- April 1959 ASSEMBLY Original : ENGLISH./F3ECTCH/SPÀNISK UNITED NATIONS CONFERENCE ON TÏÏE ELIMINATION 03 SEDUCTION OF FUTURE STATELESSNESS List of. BepresentativejB_jL^b.5eryerEi ARGENTINA Dr. Julio Cesar CAi-LA.SALSS.f First Secretary, Argentine Permanent kission to the European Office of the United Nations AUSTRIA kr. Paul TI, Head of Legal Department Federal Chancellery Head of Delegation! } Department for Foreign Affairs : Lir - Johanne £• G. TflLLFûRT ; Permanent Representative to the European Alternate: Office of the United Mations kr. Leonhard I-Id^ Head of Division, Delegates: Ministry of the Interior Lir. 2rieh k, Deputy Permanent Representative to the European Office of the United Mations BSLGIUk Délégués I*. Albert I. y Inspecteur general au Finistère des Affaires étrangères de Belgique Conseillers k. Jean J. D. IUilON; Chef de Bureau au Finistère des Affaires étrangères de Belgique k. André A.. , Agent, ministère de la Justice BRAZIL delegate: kr. Paulo PADILHA VIDAL, Head a.i. of the Permanent Delegation of Brazil to the European Office of the United Nations Alternate: i^r. ..lonald L, i/.i, SkALii, Lember of the Permanent Delegation of Brazil to the European Office of the United Nations (9 P.) A/CONF.9/9 page 2 CANADA Delegate: Mr. R. E. JAT, Permanent Mission of Canada to the European Office of the United Nations Adviser: Mr. P. Da SCOTT, Department of External Affairs, Ottawa CEYLON Sir Claude CORSA, K.B.E. Permanent Representative of Ceylon to the Delegate: United Nations Mr. H. E. TENNEKOON, Controller of Immigration and Emigration, Alternate: Ministry of External Affairs Lir. N. EANA5ARA.TNEf First Secretary (Legal Affairs), Advisers: Permanent Mission of Ceylon to the United Nations kr. VoJ.H. GUNASSKERA, Assistant Secretary, Ministry of External Affairs CHILE Delegate: Sr. Alvaro Droguett del FIERRO, Ministre Delegado Permanente de Chile ante los Organismos Internacionales acreditados en Ginebra Alternate: Sr. Carlos FRANZ, Chilean Consul in Geneva CHINA Mr. P. T. TCAO, Technical Counsellor, Permanent Mission of China to the United Nations DENMARK Ivir. Ko LARSEN, 'Chief of Section Ministry of Interior Mr. K. A. BJ0RKLUND BERTELSEN, Chief of Section, Ministry of Interior DOMINICAN REPUBLIC Dr. S. E. PARADAS, Ambassadeur, Délégué permanent de la République Dominicaine ECUADOR* II. J. ZALDUÎvîBIDE, Consul à Genève * Registered, but no full powers submitted for participation in the Conference A/CONF.9/9 page 3 FRANCE Chef de la Delegation* M. Lucien HUBERT, Conseiller juridique du Ministère des Affaires étrangères Conseillers: î/i. Guy A. P. BERGOUGNAN, Magistrat au Ministère de la Justice M. Robert P. PICARD, Conseiller des Affaires Etrangères Chef de la Division du Contentieux Mlle. Nicole TRANNOY, Secrétaire d'Ambassade GERMAN! (Fed.Rep. of) Dr. Walter PAULY, Délégué permanent adjoint auprès des Organisations Internationales Mme. Pelicitas TAUCHE, Conseiller supérieur, Ministère de l'intérieur HOLY SES Délégués: Monseigneur Giovanni FERROFINO, Conseiller de la Nonciature Apostolique de Berne Révérend Père Henri de RIEDMATTEN INDIA Delegate: Shri A. S. MEHTA, Permanent Representative of India to International Organizations at Geneva Adviser: Shri G. RAJ, Member of Permanent Mission of India at Geneva INDONESIA Delegate: Ambassador Ahmad SUBARDDJO DJUYOADISURYO, Ambassador of Indonesia to Switzerland Alternate: Mr. Raden SWASTOJO, First Secretary, Indonesian Embassy, Berne Head of Delegations Dr. Hasan ZAKARIYA, Legal Adviser, Ministry of Foreign Affairs ^legate: Mr. A. Amir Al-AUGAILI, Prosecutor-General, Ministry of Justice Alternate: Mr. Othaan Al-MNI, Iraqi Consul and Permanent Representative to the European Office of the United Nations A/CONF.9/9 page 4 ISRAEL Mr. k. S. SIVAN, Legal Adviser, Ministry of Interior Mr. Izhaq. B3N-MEIR, Legal Division, Ministry for Foreign Affairs Ivir. iienahem KAHANY, Permanent Delegate to the European Office of the United Nations ITALY Chef de la Delegation: M. Alberto BERIO, Ambassadeur, Délégué Permanent d'Italie auprès de l'Office européen des Nations Unies Délégués: M. Fausto BACCHETTI, Conseiller de Légation, Délégué Permanent Adjoint d'Italie auprès de l'Office européen des Nations Unies U. Giuseppe MARSILIA, Sous-Préfet M. Francesco CORIASCO, Magistrat JAPAN Delegate: Mr. Ichiro KAWASAKI, Head of the Permanent Delegation of Japan to the International Organizations in Geneva Alternate: UT. Seiji KUDO, First Secretary, Permanent Delegation of Japan to the International Organizations in Geneva LIECHTENSTEIN M. Alfred HILBE, Secrétaire de Légation à Berne LUXEMBOURG M. I. BESSLING, Délégué permanent de Luxembourg à Genève M. Henri DELVAUX, Advocat général NETHERLANDS Head of Delegation: HT. Willem RIPHAGÏÏN, Legal Adviser, Ministry of Foreign Affairs Delegates: Mr. P. EIJSSEN, Legal Adviser, Ministry of Justice Mr. Th. M.K.J. van SASSE VAN YSS3LT, Head of the Division of Private Lav, Ministry of Justice. A/CONP.9/9 page 5 (contd.) Advisers: 3aron E. 0. van B, Head of the General Affairs Department, ministry of Foreign Affairs Miss A. F. W. LUNSINGH ÙÎEIJER, Deputy Netherlands Representative to the European Office of the United Nations Secretary: kiss BRANDT BUYS NORM Mr. Andreas IRGENS, Director, Ministry of Justice Mr, Carl STABEL, Director of Legal Department, Ministry of Justice PAKISTAN 'SAT. A.H.B. TYABJI, Chargé d'Affaires, Embassy of Pakistan, Berne PANAlvIA Délégué: Sr. D. Humberto CALAMARI, Delegado Permanente de Panama ante la Oficina Europea de las Naciones Unidas Conseiller: Sr. D. Carlos A. CHAIvïBONNST, Counsellor to the Permanent Mission of Panama to the United Nations PïSRU Chef de la Délégation: Sr. D. Max de la FUENTE LOCKER, kinistro, Représentante Permanente del Peru ante los Organisraos Internacionales acreditados en Ginebra Suppléants: Sr. D. Raul Maria PEREIRA, Secretario de la Delegacion Permanente del Peru Sr. D. Guillermo MSNDOZA SERRANO, Secretario de la Delegacion del Peru PORTUGAL Dr. D. Rui Bras MIMOSO, ï/iinistère de la Justice SPAIN Cl *ef de la Délégation: Sr. D. Luis GARCIA DE LLEttA, Delegado Permanente de Espana ante la Oficina Europea de las Naciones Unidas Délégué: Sr. D. Ramon FERNANDEZ DE SOIGNIE, Miembro de la Delegacion Permanente de Espana ante la Oficina Europea de las Naciones Unidas A/CONF.9/9 page 6 SWEDEN Delegate: Mr. 011e A. 0. HELLBERG, First Secretary to Ministry of Justice, Assistant at the Supreme Administrative Court Adviser: Mr. Hugo H. LINDGR3N, Second Secretary, Ministry of Foreign Affairs SWITZERLAND Chef de la Délégation: 1/i. Antoine FAYRE, Juge au Tribunal federal Délégués: LI. Sven STINÏÏR, Suppléant du chef de la Division des Organisations Internationales du Department politique fédéral Ï'/I, Jean IWEIER, Chef suppléant de la division fédéral de police, Berne IÂ. Henri ZOiSLLY, Premier adjoint au Service juridique du Department politique fédéral, Berne TURKET la. Suât BÏÏRTAN, Docteur en droit, Président du II ème Department à la Cour de Cassation îâ. Sevket EKER, Directeur Général adjoint de la population au Ministère de l'Intérieur UNITED ARAB REPUBLIC Délégué: Dr. Ahmed L ABDEL MAGID, Chargé d'Affaires de la Mission permanente de la RBABU. à Genève Suppléant: Dr. Ashraf GHORBAL, Conseiller à la Mission Permanente de la R.A.U. à Genève Conseillers: ïvï. Omar H. MAHMOUD, îviembre de la Mission Permanente de la R.A.U, à Genève M. Mohamed W. HEGAZI, kembre de la Mission Permanente de la R.A.U. à Genève Dr. Ali So SAFOUAT, î/Iembre de la Mission Permanente de la R.A.U. à Genève A/CONF.9/9 page 7 UNITED KINGDOM llr. John K. ROSS, Head of Delegations Head of Nationality Division, Home Office i/ir. P. HARVEY, Delegate I Senior Legal Assistant, Home Office Mr. P. L. BUSKE-FQX, Adviser: Assistant Legal Adviser, Foreign Office UNITED STAT3S Delegate: tor. David H. POPPER, Deputy U.S. Representative to International Organizations, U.S. Resident Delegation and Consulate General, Geneva Adviser: KT. Cameron LA CLAIR, Economic Officer, U.S. Resident Delegation and Consulate General, Geneva YUGOSLAVIA Mr. Misa LEVI, Assistant Chief Legal Adviser to the Secretariat of State for Foreign Affairs Mr. Ante GRANIC, Counsellor, Secretariat of State for Internal Affairs Mrs. Ogla STRUJIC, Member of the Permanent Mission to the European Office of the United Nations OBSERVERS FINLAND M. Torsten TIKANVAARA, Délégué permanent de Finlande auprès des organisations internationales à Genève GREECE U. Panayotis EC0N0M0U, Membre de la Délégation Permanente de Grèce à Genève OFFICE OF THE HIGH Dr. Paul OC»aMISSION3B FOR REFWÏ3K5 Dr. Eberhard JAHN Mr. Harish KAPUii A/CONP.9/9 page S Intergovernmental Organizations COUNCIL OF EUROPE Mr. Roland MULLSR INTERGOVERNMENTAL COMMITTEE FOR Ivir. Jean SEGOND EUROPEAN MIGRATION INTERNATIONAL INSTITUTE FOR THE Mr. Jean F. HOSTIE UNIFICATION OF PRIVATE LAW LEAGUE OF ARAB STATES M. Zoher KÂBBANI Dr. Mohammed BEDJAOUI Dr. Moukhtar EL-VAKIL Non-Governmental Organizations AGUDAS ISRAEL WORLD ORGANIZATION : Ivir. D. ROTHSCHILD Chief Rabbi Alexandre SAFRAN AMERICAN JOINT DISTRIBUTION Mr. Henri G. ELFENBEIN COMMITTEE ! Mr. Jerome J. JACOBSON COMMISSION OF THE CHURCHES ON INTER-, Air. Elf an REES NATIONAL AFFAIRS, THE ! CONSULTATIVE COUNCIL OF JEWISH ivir. Eugène ARSNJ3 ORGANIZATIONS ! Mr. François BRUNSCHWIG CO-ORDINATING BOARD OF JEWISH ORGANIZATIONS ! Mr. Gustav WARBURG INTERNATIONAL BAR ASSOCIATION : Mr. Michael BRANDON INTERNATIONAL CATHOLIC MIGRATION ; COMMISSION Miss Alice A. NORTON INTERNATIONAL COMMISSION OF JURISTS ! Mr. Jean SIOTIS INTERNATIONAL COMMITTEE OF THE ! Mr. Herbert-Georges BECKH RED CROSS Mr. Henri COURSIER INTERNATIONAL FEDERATION OF BUSINESS AND PROFESSIONAL WOMEN ! Miss Sylvia MEYER INTERNATIONAL FEDERATION OF CHRISTIAN TRADE UNIONS ! Mr. Georges EGGEEMANN INTERNATIONAL RELIEF COMMITTEE FOR INTELLECTUAL WORKERS ' Mrs. Fanny SILBERSCHEIN INTERNATIONAL SOCIAL SERVICE i Mrs. Edna WEBER NOUVELLES EQUIPES INTERNATIONALES : Mr. Konrad SIENIEWICZ OFM lïOOS IL^MCTAONAL (FGR THE ECONOMIC EMANCIPATION OF THE Lliss Gertrude BAER WOMAN WORKER) A/CONP.9/9 page 9 PAX ROHANA : Lir. Tadeusz SZMITKOWSKI ST. JOAN',? ÏÏJTÏÏ3NATI0NAL SOCIAL AND POLITICAL ALLIANCE :: ^1SS ^r^-Isabelle ARCHINARD INTERNATIONAL LEAGUE FOU .T. „ _,_ , _,_, PEACE AND FREEDOM : f/llss Ger*rude BAER WORLD ALLIANCE OF YOUNG toSN'S .. ., , m ^^^^ CHRISTIAN ASSOCIATIONS : i/Ir» UBheT T' D0SL3 WORLD FEDERATION OF UNITED NATIONS ,. TT , ^ ^TTn. ASSOCIATIONS : ivir' Helmut DRUCK WORLD JSVflSH CONGRESS : Mr. F. L. BRASSLOFF Secretariat Dr. Yuen-li LIANG, Executive Secretary Mr. Go SÂNDE3RG, Deputy Executive Secretary Hi ES K. CHEN, Legal Officer Mr. D., Ï7. BOYETT, Legal Officer Mr. C. LiALEK, Legal Officer Mrs. E. SPEAPJ.'.3 Miss K. SAÏ1DÏ7ELL Lille. T. PELTIER Mae. C MATSO UNITED NATIONS Distr. GENERAL GENERAL A/CORF.9/10 ASSEMBLY 9 June I96I ORIGINAL: VARIOUS UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS NOTE BY THE SECRETARY-GENERAL UITH ANNEX CONTAINING OBSERVATIONS BY GOVERNMENTS ON DEPRIVATION OF NATIONALITY CONTENTS Page Note "by the Secretary-General . 2 Annex: Observations by Governments on deprivation of nationality Annex page 1. Austria ...... 1 2. Belgium 3 3- Brazil . . . . 3 h. Chile k 5- Denmark 5 6. Federal Republic of Germany 6 7. Luxembourg ...... 7 8. Norway 9 9. Pakistan 10 10. Switzerland 17 11. Turkey . l8 12. United Kingdom of Great Britain and Northern Ireland . . 19 6l-l5688 (22 p.) A/CONF.9/10 English Page 2 Note by the Secretary-General 1. The United Nations Conference on the Elimination or Reduction of Future Statelessness opened in Geneva on 2k March 1959 an(3- adjourned on 18 April 1959 without adopting a convention. 2. At the time of its adjournment, however, the Conference adopted the resolution: "The Conference, "Being unable to terminate the work entrusted to it within the time provided for its work;, "Proposes to the competent organ of the United Nations to reconvene the Conference at the earliest possible time in order to continue and complete its work." 3. In pursuance of this resolution, the States participating in the Conference were asked, in a letter No. SO 26l/4l3 of 18 May 1959; for their views regarding the time at which the Conference might be reconvened, the possible duration of the reconvened Conference and measures which might be taken to facilitate its work. k. In the light of replies received from Governments and of budgetary and administrative considerations, the Secretary-General decided that the Conference should be scheduled to reconvene at United Nations Headquarters in New York for the period from 15 August to 1 September 1961, and the States concerned were so informed by a letter No. SO 26l/kl3 of 28 February 1961. 5. In the same letter it was pointed out that the main difficulty encounteredty the Conference during its previous deliberations was in formulating provisions relating to deprivation of nationality. Therefore, in order to facilitate the of the Conference, the participating States were requested to indicate the for deprivation of nationality which each, for its part, would deem it essential to retain., 6. By 7 June 1961, observations had been received from the following twelve States: Austria, Belgium, Brazil, Chile, Denmark, Federal Republic of Germany; Luxembourg, Norway, Pakistan, Switzerland, Turkey, United Kingdom. 7- These observations are reproduced in the annex to this Note. Any furtheï1 observations which are submitted will be reproduced in addenda to the present document. A/CONF.9/10 English Annex Page 1 ANNEX Observations "by Governments on deprivation of nationality 1. AUSTRIA Transmitted by a Note verbale of 6 May 1961, from the Permanent Representative of Austria to the United Nations /Original text; German/ STATEMENT by the Austrian Federal Ministry of the Interior on the subject of loss of citizenship Under article 9j paragraph (l), sub-paragraph 2, of the Citizenship Act of ; any person, without exception, who voluntarily enters the public or military service of a foreign State loses his Austrian citizenship. Although this provision is no longer wholly in keeping with present-day conditions and., in specific cases, is often unjustly severe or even detrimental to Austria's public interests, the Federal Ministry of the Interior would consider it a mistake simply to revoke this deprivation clause and permit Austrian citizens to enter the service of foreign States in all circumstances. There is always a possibility, and a risk, that such activities may do considerable harm to the interests or credit of the Republic or have adverse effects in other important respects. The Federal Ministry of the Interior therefore intends to introduce at an appropriate time an amendment to article 9,, paragraph (l), sub-paragraph 2, of the Citizenship Act of 19^9, under which an Austrian citizen who voluntarily enters the service of a foreign State, instead of forfeiting his citizenship automatically, will lose it only if he fails "to leave the foreign State's service within the appointed time-limit when called upon to do so. Such grounds for deprivation of citizenship should be recognized Hi the proposed Convention as proper. The following points should also be noted; Under article 69, paragraph (l), sub-paragraph (a), and paragraph (3), of the General Administrative Procedure Act of 1950, the competent Land Government may reopen naturalization proceedings ex officio if the decision has been procured by A/CQWF.9/10 English Annex Page 2 means of forgery., false representation or any other statutorily punishable act; or by fraud of any other kind. As the danger of the authorities ' being misled by the applicant on essential particulars is one which applies with particular force to naturalization proceedings, the Federal Ministry of the Interior considers that such misrepresentation also should be recognized in the Convention as ground for deprivation. Even though., under article 69, paragraph (2)., of the General Administrative Procedure Act of 1950; there is no time-limit for the reopening of naturalization proceedings where the qualifying documents have been falsified, Austria would have no objection to the inclusion in the Convention of a time-limit ofj say, five years for the withdrawal of citizenship where naturalization had been procured by false pretences. Briefly} then, we would say that the grounds for deprivation which appear as optional reservations in paragraph (2), sub-paragraph (a) (i), and sub-paragraphs (b] (i) and (ii), of the text of article 8 adopted by the Committee of the Whole and revised by the Drafting Committee; should certainly be retained. It is true that the Convention should., as a matter of principleP provide that no one should be deprived of his citizenship if such deprivation renders him stateless; but it should also, as in the existing draft, reserve the rights of Contracting States so far as concerns the grounds for deprivation which are specified as admissible. The arrangement proposed by various States,, under which these grounds for deprivation would be embodied in the Convention not as matters for reservation but as direct provisions of substantive law would have the disadvantage that a Contracting State whose legal system did not cover some; or even all., of the admissible grounds for deprivation at the time of signature of the Convention would be able to introduce them later, whereas the scope of possible reservation could not be extended at a later date. A/CONF.9/10 English Annex Page 3 2. BELGIUM Transmitted "by letter dated 31 May 1961 from the Permanent Representative of Belgium to the United Nations /Original text: Frencti/ "The Belgian Government is at present contemplating the repeal of all those provisions of Belgian law which permit deprivation of nationality, on the understanding that, if the provisions in question were abolished, such a measure could not be made retroactive and that steps already taken to deprive persons of their nationality could not be rescinded." 3. BRAZIL Transmitted by letter dated 2.k April 1961 from the Permanent Representative of Brazil to the United Nations /Original text; English/ .... I would like to draw your attention to Article 130 of the Constitution of Brazil; "The Brazilian nationality is lost: "I - if, by voluntary naturalization, a Brazilian citizen acquires any other nationality; "II - if, without permission from the President of the Republic, a Brazilian citizen accepts from a foreign Government either employment or retirement benefits; "III - if, by judicial decision, in process established by law, a Brazilian citizen has his naturalization annulled due to acting against the national interest." It is evident that the Brazilian Delegation to the Conference on the elimination or Reduction of Future Statelessness will be unable to accept any conventional article incompatible with the above-mentioned Article of the Brazilian Constitution. A/CONF.9/10 English Annex Page k h. CHILE Transmitted by a letter of 9 May 1961 from the Permanent Representative of Chile to the United Nations /Original text: Spanish!/ As regards Chile, the Legal Department of the Ministry of Foreign Affairs states that the reasons for loss of Chilean nationality are set forth in article 6 of the Political Constitution of the Republic of Chile, promulgated on l8 September 1925 • The exception provided for in paragraph (l) of the said article 6 was added by Constitutional Reform Act No. 12^48 of 30 September 1957. This exception is regulated by the Agreement on Dual Nationality between Chile and Spain, signed at Santiago on 2k May 1958, the instruments of ratification of which have been duly exchanged. Article 6 of the Political Constitution of Chile, thus amended, reads as follows : "Chilean nationality is lost: "1. By naturalization in a foreign country, except in the case of those Chileans mentioned in paragraphs (l) and (2) of the previous article who may have acquired Spanish nationality without renouncing their Chilean nationality; "2. By cancellation of the letter of naturalization, against which an appeal may be lodged within ten days with the Supreme Court, which shall hear the appeal. The lodging of this appeal shall suspend the effect of cancellation of the letter of naturalization. "The letter of naturalization granted to persons who hold public office by popular election may not be cancelled. "3- By entering the service, in time of war, of the enemies of Chile or of the allies of such enemies. "Persons who for any of the causes mentioned in this article have lost their Chilean nationality can be rehabilitated only by law. "The cause of loss of Chilean nationality provided in paragraph 1 of this article does not apply in cases where, by virtue of legal or constitutional provisions in force in other countries, Chileans residing in such countries are required, as a condition for staying there, to adopt the nationality of the country in which they reside." A/CONF.9/10 English Annex Page 5 For reference purposes and by way of additional information I append the text of article 5 of the Political Constitution; "The following are Chileans: "1. Those born in the territory of Chile, excepting the children of foreigners who happen to be in Chile in the service of their Government and the children of transient foreigners, all of whom may choose between the nationality of their parents and that of Chile. "2. The children of a Chilean father or mother, born in foreign territory, by the sole act of becoming resident in Chile. The children of Chileans born abroad; the father or mother being at that time in the service of the Republic, are Chileans even for those purposes for which the fundamental, or any other,laws may require birth within Chilean territory. "3- Foreigners who may obtain letters of naturalization in conformity to law, upon the express renunciation of their former nationality. Renunciation of Spanish nationality shall not be required in the case of persons born in Spain who have been resident for more than ten years in Chile provided that the same benefit is accorded to Chileans in Spain, and "k. Those who have obtained a special grant of naturalization by law. "Naturalized persons will have the right to hold public office by popular election only after five years of being in possession of letters of naturalization. "The law shall prescribe the procedure for choosing between Chilean and foreign nationality; for the granting, denial or cancellation of letters of naturalization, and for the keeping of a register of all these proceedings." 5. DENMARK Transmitted by a letter of 27 April 1961 from the Permanent Representative of Denmark to the United Nations /Original text; English/ I have the honour to inform you that deprivation of nationality never has been in Danish legislation, and that the Government of Denmark has no desire to eserve for itself a right to include regulations regarding deprivation of na "tionality in itg legislation. A/CONF.9/10 Engli sh Annex Page 6 6. FEDERAL REPUBLIC OF GERMANY Transmitted by a letter of 3 May 1961 from the Acting Permanent Observer of the Federal Republic of Germany to the United Nations /Original text: English/ Under the instructions of my Government I have the honour to state that under Article 16, para, l/l} of the Basic Law of the Federal Republic of Germany of 25 May 19^9 (Grundgesetz filr die Bundesrepublik Deutschland vom 23. Mai 19^-9) no one may be deprived of his German citizenship. Article 16} para. 1; is worded as follows: "No one may be deprived of his German citizenship. The loss of citizenship may occur only on the basis of a law and^ against the will of the person concerned., only if the person concerned is not rendered stateless hereby." A/CONF.9/IO English Annex Page 7 7. LUXEMBOURG Transmitted by a note verbale, dated 15 April 196l, from the Ministry of Foreign Affairs of the Grand Duchy of Luxembourg /Original text: French/ The subject of deprivation of nationality is dealt with under Title V of the Act of 9 March 19^0 on Luxembourg Citizenship. The conditions under which steps to deprive persons of their Luxembourg nationality can be taken and the grounds for such action are laid down in article 27 of that Act, which reads as follows: "A Luxembourg national who did not receive his nationality on the day of his birth from a parent of Luxembourg nationality may be declared to have lost Luxembourg nationality, at the instance of the public prosecutor's department (Ministère public) (a) if he obtained Luxembourg nationality by false declarations, fraud or the concealment of important facts; (b) if he is guilty of a grave dereliction of his duties as a Luxembourg citizen; (c) if he exercises foreign national rights or performs foreign national duties; (d) if he has incurred in Luxembourg or abroad, either as principal or accessory, a major sentence (peine criminelle) or a sentence of imprisonment without suspension for premeditated or wilful murder (assassinat, meurtre), theft, receiving stolen goods, fraud, breach of trust, illegal exaction, forgery, use of forged instruments, perjury, subornation of witnesses or experts, indecent assault, rape, prostitution or debauchery of young persons, breach of the laws and regulations concerning brothels, keeping gaming houses, conspiracy against persons or property, abortion, exposure or abandonment of infants, abduction of minors, bankruptcy, breach of the legal provisions concerning the external and internal security of Luxembourg or an attempt to commit any of these offences. The provisions of sub-paragraphs (b), (c) and (d) of this article apply to women of Luxembourg origin married to aliens and retaining their Luxembourg nationality under the provisions of article 25." A/CONF.9/IO English Annex Page 8 Consequently, proceedings for deprivation of nationality can only be taken against a Luxembourg national who did not receive his nationality on the day of his birth from a parent of Luxembourg nationality, and, in certain cases., against women of Luxembourg origin married to aliens and retaining their Luxembourg nationality under the provisions of article 25 of the above-mentioned Act of 19^0. Furthermore, proceedings for deprivation of Luxembourg nationality are always discretionary. Article 27 of the Act on Luxembourg Citizenship., which merely provides for the possibility of deprivation, not only leaves it to the Procureur d'Etat to decide whether such proceedings should be taken (see article 1 of the Grand Ducal Order of 9 March 19U0) but grants considerable latitude to the court before which the proceedings are brought„ Thus it is difficult to state what are "the minimum grounds for deprivation of nationality", since these grounds are left to the Parquets to determine and to the unfettered discretion of the judges trying the case at issue « In any case, a study of judgements decreeing loss of nationality make it clear that the competent courts will only take account of grounds that are of unquestioned gravity. Moreover., it is very unusual for proceedings to be taken for deprivation of nationality on the basis of a criminal conviction (article 27 (d.))» Again, before bringing such proceedings, the Parquet carefully considers the effect that any deprivation of nationality might have on the status of the person concerned, in order to avoid his becoming stateless as a result; it will, however, bring such proceedings more readily against persons possessing dual nationality or several nationalities. A/CONF.9/IO English Annex Page 9 8. NORWAY Transmitted by a letter of 22 May 1961 from the Permanent Representative of Norway to the United Nations /Original text: English/ "Norwegian legislation does not in any case permit deprivation of nationality from any Norwegian citizen who has legally acquired his citizenship. Consequently, the Norwegian Government for its part fails to see any reason for the need of formulating any provisions relating to deprivation of citizenship, it being understood that the concept of deprivation is not to be confused with the notion of automatic loss of citizenship, as formulated in article VII of the articles adopted by the Geneva conference in 19590" • e • a • A/CONF.9/10 English Annex Page 10 9. PAKISTAN Transmitted by a letter of 25 May 1961 from the Permanent Representative of Pakistan to the United Nations /^Original text: English/ "I enclose a statement which sets forth the present legal provisions relating to deprivation of Pakistan citizenship and the reasons why it is considered necessary to retain these provisions. It will be observed that in some cases deprivation of Pakistan citizenship is a result of the possession of a second nationality. In such cases deprivation of Pakistan citizenship would not lead to statelessness and would not therefore be directly of interest to the Conference» However, for the sake of completeness such provisions have also been included in the statement." STATEMENTS SHOWING SECTIONS/RULES RELATING TO THE DEPRIVATION OF PAKISTAN CITIZENSHIP AND THE GROUNDS FOR THEIR RETENTION 1. PAKISTAN CITIZENSHIP ACT, 1951 D O 0 » 9 Section 7» Notwithstanding anything in sections 3; ^ and 6, a person who has after the first day of March, 19*4-7? migrated from the territories now 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 apply to a person who, after having so migrated to the territories now included in India has returned to the territories now included in Pakistan under a permit for resettlement or permanent return issued by or under the authority of any law for the time being in force. Comment. In view of the peculiar conditions that followed the establishment of Pakistan as an independent State, it is neither advisable nor desirable to or omit this section, especially when- protection has already been given, under proviso to this section, to those persons who had the bona fide intention to return to this country. Secondly almost every person who has migrated to India- has acquired Indian citizenship and so the question of statelessness would not A/CONF.9/IO English Annex Page 11 arise. Besides, in genuine cases of hardship, persons can be and have "been readmitted to Pakistan citizenship by formal registration under the other provisions of the Pakistan Citizenship Act, 1951» Incidentally, India has already made a similar provision in her Constitution - c.f. Part II ibid, 2. PAKISTAN CITIZENSHIP ACT, 1951 ejection ik» (l) Subject to the provisions of this section if any person is a citizen of Pakistan under the provisions of this Act, and is at the same time a citizen or national of any other country, he shall, unless he makes a declaration according to the laws of that other country renouncing his status as citizen or national thereof, cease to be a citizen of Pakistan» (lA) Nothing in sub-section (l) applies to a person who has not attained twenty-one years of his age. o e a e e Comment. In many countries of the world dual nationality is not permissible. The reasons are obvious» In any case, no person is deprived of the citizenship of Pakistan, unless he has acquired the nationality of another country.. Hence the question of statelessness does not arise at all. 5(a).PAKISTAN CITIZENSHIP ACT, 1951 Section 16, (l) A citizen of Pakistan shall cease to be a citizen of Pakistan if he is depirved of that citizenship by an order under the next following sub-sections. (2) Subject to the provisions of this section the Central Government may by order deprive any such citizen of his citizenship if it is satisfied that he obtained his certificate of domicile or certificate of naturalization under the Naturalization Act, 1926 by means of fraud, false representation or the concealment of any material 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 a citizen of Pakistan by naturalization of his citizenship of Pakistan if it is satisfied that the citizen: A/CONF.9/IO English Annex Page 12 (a) has shown himself by any act or speech to be disloyal or disaffected to the Constitution of Pakistan; or (b) has, during a war in which Pakistan is or has been engaged, unlawfully traded or communicated with the enemy or engaged in or associated with any business that was to his knowledge carried on in such a manner as to assist the enemy in that war; or (c) has within five years of being naturalized been sentenced in any country to imprisonment for a term of not less than twelve months. (k) The Central Government may on an application being made or on its own motion by order deprive any citizen of Pakistan of his citizenship if it is satisfied that he has been ordinarily resident in a country outside Pakistan for a continuous period of seven years beginning not earlier than the commencement of this Act and during that period has neither: (i) been at any time in the service of any Government" in Pakistan or of an international organization of which Pakistan has, at any time during that period been a member; nor (ii) registered annually in the prescribed manner at a Pakistan Consulate or Mission or in a country where there is no Pakistan Consulate or Mission at the prescribed Consulate or Mission or at a at a Pakistan Consulate or Mission in a country nearest to the country of his residence his intention to retain Pakistan citizenship. (5) The Central Government shall not make an order depriving a person of citizenship under this section unless 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 section the Central Government shall give the person against whom 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 be made. (7) If it is proposed to make the order on any of the grounds specified in sub-sections (2) and (5) of this section and the person against whom it is propose to make the order applies in the prescribed manner for an inquiry, the Central Government shall, and in any other case may, refer the case to a committee of /••' A/CONF.9/IO English Annex Page 13 inquiry consisting of a chairman, "being a person possessing judicial experience, appointed by the Central Government and of such other members appointed by the Central Government as it thinks proper. Comment. The specific grounds for deprivation of nationality have been enumerated in section l6 above. Orders about the aforesaid deprivation are to be issued only in the Public interest and after issue of show-cause notice in the prescribed manner which adequately guards the interests of the person concerned. The provisions relating to the revocation of citizenship are usual and are likely to be invoked very rarely. But their retention is obviously worthwhile in the greater interest of the State» 3(b).NATURALIZATION ACT, 1926 Section 8, (l) "Where the Central Government is satisfied that a certificate of naturalization granted under this Act, or the Indian Naturalization Act, 18^2, was obtained by false representation or fraud or by concealment of material circumstances, or that the person to whom the certificate has been granted has shown himself by act or speech to be disaffected or disloyal to Pakistan, the Central Government shall, by order in writing, revoke the certificate. (2) Without prejudice to the foregoing provisions, the Central Government shall, by order in writing, revoke such a certificate of naturalization as aforesaid in any case in which it is satisfied that the person to whom the certificate was granted: (a) has, during any war in which Pakistan is engaged unlawfully traded or communicated with the enemy, or with a subject of an enemy State, or been engaged in, or associated with, any business which is to his knowledge carried on in such a manner as to assist the enemy in such war; or (b) has, within five years of the date of the grant of the certificate, been sentenced by any Court in His Majesty's dominions to transporation or to penal servitude or to imprisonment for a term of not less than twelve months, or to pay a fine of not less than one thousand rupees; or A/CONF.9/IO English Annex Page Ik (c) was not of good character at the date of the grant of the certificate, or (d) has since the grant of the certificate been, for a period of not less than seven years, ordinarily resident out of Pakistan otherwise than as a representative of a citizen of Pakistan, or of a Pakistan firm or company or a Pakistan institution, or in the service of a Government in Pakistan or in the armed forces of Pakistan, and has not maintained substantial connexion with Pakistan; or (e) remains, according to the law of a State at war with Pakistan, a subject of that State, and that the continuance of the certificate is not conducive to the public good. • • • B • (k) The Central Government may, if it thinks fit, before making an order under this section, refer the case for such inquiry as is hereinafter specified, and, in any case to which sub-section (l) or clause (a), clause (c) or clause (e) of sub-section (2) applies, the Central Government shall, by notice given to, or sent by post to the last known address of, the holder of the certificate, give bim an opportunity of claiming that the case be referred for such inquiry, and, if the holder so claims in accordance with the notice, the Central Government shall refer the case for inquiry accordingly. (5) An inquiry under this section shall be held by such person or persons and in such manner as the Central Government may direct in each case. (6) Where certificate is revoked under this section, the revocation shall have effect from such date as may be directed by the Central Government and thereupon the certificate shall be given up and cancelled; and any person who, without reasonable cause the burden of proving which shall lie upon him, fails to give up his certificate within one month- from the aforesaid date, shall be punishable with fine, which may extend to one thousand rupees. (7) For the purposes of this section, any person who has acquired any of ^e rights, privileges or capacities of naturalization under sub-section (2) of section 5 or sub-section (2) of section 7 "by reason of the grant to his parent of a certificate of naturalization, may, after he has attained majority, be deemed to be a person to whom a certificate of naturalization has been granted. /••• A/CONF.9/IO English Annex Page 15 k, NATURALIZATION ACT, 1926 Section 9» (l) Where a certificate is revoked under section 8, the former holder thereof shall cease to "be deemed to "be a citizen of Pakistan. (2) On such revocation, the Central Government may, "by order in writing, direct that the wife and minor children (or any of them) of the person whose certificate is revoked shall cease to be deemed to "be citizens of Pakistan; but where no such direction is made, the status of the wife and minor children of the person whose certificate is revoked shall not "be affected "by the revocation: Provided that no such order shall "be made in the case of a wife unless "by reason of the acquisition "by her husband, of a new nationality she has also acquired that nationality: Provided further that, in the case of a wife who was, or, if the Pakistan Citizenship Act, 1951> had "been in force at the date of her birth, would have "been, "by birth a citizen of Pakistan, no such order as aforesaid shall "be made, unless the Central Government is satisfied that, if she had held a certificate of naturalization in her own right, the certificate could properly have been revoked under section 8, and the provisions of that section as to referring cases for inquiry shall apply to the making of any such order as they apply to the revocation of a certificate. Comment. This section is ancillary to section 8 of Naturalization Act, mentioned above. In view of the first proviso to section 9, the question of statelessness does not arise at all. The second proviso to it adequately guards "the interests of the person concerned. 5- NATURALIZATION ACT, 1926 Section 10. (l) A declaration of alienage in such manner as may be prescribed bY rules made under this Act may be made, - (a) within one year of his attaining majority, by any child who has acquired any of the rights, privileges or capacities of naturalization under sub-section (2) of section 5j or sub-section (2) of section 7J or (b) within six months from the date of the revocation of a certificate under section 8, or of the death of, or of the dissolution of her marriage with, the holder of any such certificate as is therein referred to, by the A/CONF.9/IO English Annex Page 16 wife of the person whose certificate has "been revoked, or who has died, or whose marriage to her has been dissolved, as the case may "be. (2) Where a declaration of alienage has been made in the manner aforesaid, the person making the same, and the wife of any such person, and any children of any such person who are minors and are not "by "birth citizens of Pakistan, shall cease to "be deemed to be citizens of Pakistan: Provided that the wife of any such person shall not cease to be deemed to be a citizen of Pakistan under this sub-section, unless by reason of the acquisition by her husband of a new nationality she has also acquired that nationality. Comment. Obviously, this section is intended to make technically feasible the declaration of alienage by those persons who wish to do so. Its provisions are not compulsive. Nevertheless, section 10 (2) - especially proviso thereto - eliminates the chances of statelessness as far as practicable. A/CONF.9/IO English Annex Page 17 10. SWITZERLAND Transmitted by a letter of 19 May 1961 from the Permanent Observer of Switzerland to the United Nations /Original text: French/ "in reply to your communication} I have the honour to inform you that Swiss law does not permit any deprivation of Swiss nationality such as might result in statelessness. Consequently, Switzerland has no reservations to make on the subject of prohibiting deprivation of nationality with a view to the elimination or reduction of statelessness." English Annex Fage 18 11. TURKEY Transmitted "by a note verbale of 31 May 1961 from the Permanent Representative of Turkey to the United Nations /Original text: French? n la Under the provisions of article 2h of a bill submitted to the Turkish Constituent Assembly, which is to replace the existing Act No. 1312 on Turkish citizenship, Turkish nationals abroad who commit acts contrary to the national interest and refuse to return to Turkey will be declared to have lost their nationality. 2. Under article 25 of the above-mentioned bill, the Government is empowered exceptionally, during mobilization or in time of war, in certain cases to declare the loss of acquired citizenship. These two points represent the minimum, as regards grounds for deprivation of nationality, which the Turkish Government will insist upon. The Permanent Representative of Turkey also desires to point out that, under article 52 of the Draft Constitution just adopted by the Turkish Constituent Assembly and which will shortly be made the subject of a referendum, no Turkish citizen may be depirved of his nationality unless he commits an act inconsistent with his loyalty towards his country,M /•• A/CONF.9/IO English Annex Page 19 12. UNITED KINGDOM Transmitted by a letter of 18 May 1961 from the Permanent Representative of the United Kingdom to the United Nations ^Original text: English/ "«,., /î/f any Convention arising out of the Conference will include a provision stating permissible grounds for deprivation of nationality, Her Majesty's Government in the United Kingdom assume that one of the grounds will be that the nationality has been obtained by false representation or fraud, since in the law of many countries such circumstances, if established, invalidate ab initio the acquirement of nationality. "in the interests of limiting the permissible grounds to the greatest extent to which agreement is practicable, Her Majesty's Government would be prepared to accept a provision which included only one other ground - disloyalty or treachery in the case of a naturalised citizen." UNITED NATIONS Distr. GENERAL GENERAL A/C0NF.9/l0/Add.l 5 July I961 ASSEMBLY ENGLISH ORIGINAL : ENGLISH/FRENCH/ SPANISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS Additional observations by Governments on deprivation of nationality Note by the Secretary-General: The observations received by 7 June 1961 from twelve States (Austria, Belgium, Brazil, Chile, Denmark, Federal Republic of Germany, Luxembourg, Norway, Pakistan, Switzerland, Turkey, United Kingdom) have been reproduced in document A/CONF.9/1O. By 3 July 1961, observations had been received in addition from the following nine States: Argentina, Canada, France, Holy See, Indonesia, Italy, Japan, Netherlands, United Arab Republic. These observations are reproduced in this Addendum. CONTENTS Argentina lk Canada 15 France ...... l6 Holy See 17 Indonesia 18 Italy , 19 Japan , 20 Netherlands . . . . 21 United Arab Republic 6I-16995 A/CON?.9/1O/Add.1 English Page 2 13. ARGENTINA Transmitted by a letter of 26 June 1961 from the Permanent Representative of Argentina to the United Nations /Original text: Spanish/ "l. Nationality of origin may be lost only by the acquisition of another nationality (Act 1^5)„ However, the view is strongly held that with the legislation at present in force (Act 3U6, ar"t» 8) such nationality is not to be lost in any circumstances, and that the acquisition of another nationality involves only the loss of political rights. 2o The grounds for the loss of nationality acquired through adoption or by naturalization may be classified into four generic groups covering all the actual cases in which loss of nationality has hitherto been recognized: (a) Deception or fraud in order to obtain citizenship or nationality. (b) Failure to carry out certain fundamental obligations of citizenship. (c) Conduct unworthy of a citizen subsequent to the acquisition of nationality. (d) Renunciation of the citizenship acquired, either explicitly or implicitly, by the acquisition of another nationality or exercise of the nationality of origin. Our country could not sign any international convention involving the renunciation of any of these grounds for the loss of Argentine nationality. It should be borne in mind that all matters relating to citizenship or nationality are in accordance with the Argentine Constitution., within the competence of the Congress of the nation., which would be responsible for the decision on and final ratification by our country of any international convention on this subject/1 A/CONF.9/lO/AacL.l English Page 3 CANADA Transmitted by a letter of ik June I96.L from the Permanent Representative of Canada to the United Nations /Original text : English/French/ "The Canadian authorities regret that they are not in a position at this stage to present a statement indicative of what the Canadian Government considers to be the minimum grounds for deprivation of nationality. However, it is hoped that the attached extracts will serve the purpose of the inquiry which was the subject of your Note of 28 February, THE CANADIAN CITIZENSHIP ACT Chapter 33? R.S.C. 1952 PART III LOSS OF CANADIAN CITIZENSHIP On acquisition ^-5 - (l) A Canadian citizen, who, when outside of Canada of other nation» and not under a disability, by any voluntary and formal act ality other than marriage, acquires the nationality or citizenship of a country other than Canada, thereupon ceases to be a Canadian citizen» Where country (2) Sub-section (l) does not apply where the nationality at war with or citizenship acquired 'is that of a country at war with Canada Canada at the time of the acquisition, but, in such a case, the Minister may, in his discretion, order that the Canadian citizen shall cease to be a Canadian citizen and he shall be deemed to have ceased to be a Canadian citizen either at the date of the said acquisition or at the date of the order as the Minister may therein direct. 1950, c, 29, s. 8, denunciation l6. Where a natural-born Canadian citizen, at his birth or dual during his minority, or any Canadian citizen on marriage, became ationality or becomes under the law of any other country a national or citizen of that country, if, after attaining the full age of twenty-one years, or after the marriage, he makes, while not under disability, and still such a national or citizen, a declaration renouncing his Canadian citizenship, he thereupon ceases to be a Canadian citizen. 1950, c. 29, s. 8. A /CONF.9 /lO/Add. 1 English Page h Eual national IT. (l) A Canadian citizen, who, under the law of another serving in country, is a national or citizen of such country and who armed forces serves in the armed forces of such country when it is at war of country at with Canada, thereupon ceases to be a Canadian citizen, war with Canada Exception (2) This section does not apply to a Canadian citizen who, under the law of another country, became a national or citizen of such country when it was at war with Canada. 1950, c. 29, s. 8. Loss through 18. (l) Subject to sub-section (2) and (3), a person who, since residence becoming a Canadian citizen, has resided outside of Canada for a outside of period to ten consecutive years ceases to be a Canadian citizen Canada upon the expiration of such period, rep. and new, 1952-53;* c.23, () Exceptions (2) This section does not apply to (a) a Canadian citizen who (i) is a natural-born Canadian citizen, or (ii) has served outside of Canada in the armed forces of Canada in a war in which Canada was or is engaged or in connexion with any action talien by Canada under the United Nations Charter, the North Atlantic Treaty or other similar instrument for collective defence that may be entered into by Canada and has been honourably discharged from such armed forces; (b) residence out of Canada for any of the following objects, namely, (i) to serve in the public service of Canada or of a province thereof, (ii) as a representative or employee of a firm, business, company or organization, religious or otherwise, established in Canada or of an international agency of an official character in which Canada participates, (iii) on account of ill-health or disability, (iv) as the spouse or minor child of and for the purpose of being with a spouse or parent who is a Canadian citizen residing out of Canada for any of the objects or causes specified in sub-paragraphs (i)> (ii) or (iii), or A/C0NF.9/10/ACLCL.1 English Page 5 (v) for the purpose of being with a spouse who is a person described in paragraph (a). Extension An officer authorized in the regulations to do so may., in such form and for such period as is prescribed by the regulations,, extend the Canadian citizenship of a person' who would cease to be a Canadian citizen upon the expiration of the ten-year period described in sub-section (l) if such person, before the expiration of such period or an extension thereof under this sub-section, satisfies the officer that (a) his absence from Canada was of a mere temporary nature, and (b ) he intends in good faith to return to Canada for permanent residence as a Canadian citizen, and sub-section (l) does not apply until the expiration of the period of extension so given. Resumption (k) A person who has ceased to be a Canadian citizen under with this section may, in accordance with the regulations, file a approval of petition for resumption of Canadian-citizenship and shall, if the Minister petition is approved by the Minister, be deemed to have resumed Canadian citizenship as of the date of such approval or as of such earlier or later date as the Minister may fix in any special case, and the Minister may issue a certificate of citizenship accordingly. Revocation 19- (l) The Governor in Council may, in his discretion, order of Canadian that any person other than a natural-born Canadian citizen shall citizenship. cease to be a Canadian citizen, if, upon a report from the Minister, rep. and new, he is satisfied that such person, c- 2^ s. 2, 1958. (a) having been charged with the offence of treason under the Criminal Code or with an offence under the Official Secrets Act, has failed or refused to return to Canada voluntarily within such time as may be prescribed in a notice sent by the Minister to such person at his last known address and has not appeared at the preliminary inquiry into such offence or at the trial of such offence, or both, as the case may be; or (b) has obtained a certificate of naturalization or of Canadian citizenship by false representation or fraud or by concealment of material circumstances„ governor in (2) The Governor in Council may, in his discretion, order c ouncil may that any person shall cease to be a Canadian citizen if, upon a Te vk report from the Minister, he is satisfied that such person has, when not under a disability, A/CONF.9/lO/Add.l English Page 6 Foreign (a) when in Canada and at any time after the 1st day national- of January, 19^1, acquired the nationality or citizenship ity acquired of a foreign country by any voluntary and formal act other in Canada than marriage; Foreign (b) taken or made an oath, affirmation or other declaration allegiance of allegiance to a foreign country; or Renunciation (c) made a declaration renouncing his Canadian citizenship. Notice and (5) The Minister before making a report under this section reference for shall cause notice to be given or sent to the last known address inquiry of the person in respect of whom the report is to be made, giving him an opportunity of claiming that the case be referred for such inquiry as is hereinafter specified and if said person so claims in accordance with the notice, the Minister shall refer the case for inquiry accordingly,, Inquiry by (h) An inquiry under this section shall be held by a commission commission constituted for the purpose by the Governor in Council upon the recommendation of the Minister, presided over by a person appointed by the Governor in Council who holds or has held high judicial office, and shall be conducted in such manner as the Governor in Council shall order; but any such inquiry may., if the Governor in Council thinks fit, instead of being held by such commission, be held by the superior court of the province in which the person concerned resides, and the practice and procedure on any inquiry so held shall be regulated by rules of court. Powers of (5) The members of any commission appointed under this commission section shall have all such powers, rights and privileges as are vested in any superior court or in any judge thereof on the occasion of any action in respect of (a) enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise, and the issue of a commission or a request to take evidence abroad; (b) compelling the production of documents; and (c) punishing persons guilty of contempt; and a summons signed by one or more members of the commission may be substituted for and shall be equivalent to any formal process capable of being issued in any action for enforcing the' attendance of witnesses and compelling the production of documents. Effect of (6) Where the Governor in Council, under this section, revocation directs that any person cease to be a Canadian citizen., the order shall have effect from such time as the Governor in Council may direct and thereupon the said person shall cease to be a Canadian citizen. 195O, c. 29, s. 8; 1951, c. 12, s. 1. English Page 7 Ruling on loss 19AO (l) Where in the opinion of the Minister a doubt exists as to whether a person has ceased to be a Canadian citizen., the of Canadian cibizenship. Minister may refer the question to the commission or court referred to in sub-section (k) of section 19 for a ruling and new, c 2k} s. k, 1958. the decision of the commission or the court, as the case may be., shall, be final. Evidence (2) Upon the hearing of any reference under this section the commission or the court, as the case may be, may receive and base its decision upon evidence considered credible or trustworthy by it in the circumstances, and in respect of any such reference to a commission the provisions of sub-section (5) of section 19 apply mutatis mutandis. Child of parent 20. (l) Where the responsible parent of a minor child ceases ceasing to be a to be a Canadian citizen under section 15, l6 or 17, the child Canadian thereupon ceases to be a Canadian citizen if he is or thereupon citizen under becomes,, under the law of any country other than Canada., a sees, 15 to 17 national or citizen of that country. Child of parent (2) Where the responsible parent of a minor child ceases ceasing to be to be a Canadian citizen under section 18 or 19, the Governor a Canadian in Council may, in his discretion, direct that the said child citizen under shall cease to be a Canadian citizen,if he is or thereupon sees, 18 and becomes, under the law of any country other than Canada, a 19 national or citizen of that country. Resumption of (3) Where the Minister, in his discretion, permits a Canadian person, who as a minor child ceased to be a Canadian citizen, to citizenship make a declaration in accordance with the regulations, that he in the case wishes to resume Canadian citizenship and the said person makes of minors the declaration within one year after attaining the age of twenty-one years or within such longer period as the Minister may allow in special circumstances, such person, upon the acceptance of his declaration by the Minister, again becomes a Canadian citizen. 1950, c. 29, s. 8. A/CONF.9/lO/Add.l English Page 8 15. FRANCE Transmitted by a letter of 12 June 1961 from the Permanent Representative of France to the United Nations /Original text : French/ "... I have the honour to inform you that the grounds for deprivation of nationality which the French Government deems it essential to retain are stated in paragraphs 1, 2 and 3 of article 9$ of the Nationality Code, as follows: '(l) /if/ he is convicted of an act held to constitute a crime or offence against 'the internal or external security of the State; '(2) /if/ he is convicted of an act held to constitute a crime or offence which 'is punishable under articles 109 to 131 of the Penal Code; '(3) /i£/ he is convicted of evading his obligations under the Army Recruitment 'Act." It should be stated that, in addition to the grounds for "deprivation", in the strict sense of the word, stated in article 98 of the Nationality Code, article 97 of this Code includes grounds for the "loss" of French nationality, which might produce cases of statelessness, but which the French Government also cannot relinquish. This article is worded as follows: "A French national who holds an appointment in a foreign army or public "service or in an international organization of which France is not a member "or, more generally, gives them his assistance, and who does not resign his "appointment or cease his assistance despite an injunction by the Government to "that effect, shall lose his French nationality. "The person concerned shall be declared, by a decree of the Conseil d'Etat, "to have lost French nationality if he has not ceased his activities within the "period fixed by the injunction, which may not be less than fifteen days or "more than two months. "When the decision of the Conseil d'Etat is unfavourable, the measure laid "down in the preceding paragraph may be taken only by a decree of the Council of "Ministers. "The person concerned shall be released from his allegiance to France as "from the date of the decree." A/CONF.9/lO/Add.l English Page 9 16. HOLY SEE Transmitted by a letter of 17 June 1961 from the Secretary of State of the Holy See /Original text: French/ "With regard to the grounds for deprivation to be studied by this Conference, the Holy See does not intend to submit any grounds and it thinks that States should consider the possibility of including them in the convention only in the form of possible reservations. In other words, deprivation would be excluded in principle., but provision would be made for States, when they signed, to make certain reservations about this exclusion, provided that they specified exactly the grounds for deprivation and that these grounds already existed in their legislations. If such a general formula was not acceptable, the grounds for deprivation on which reservations would be allowed could be expressly stipulated. As far as possible,, however, the idea should be adhered to that reservations should be authorized only for States which had such grounds in their legislations. In any case, since the Holy See is primarily interested in the humanitarian aspect of the question, its representative will be prepared, if necessary, to suggest compromises which could help to reconcile the different viewpoints involved." English Page 10 17. INDONESIA Transmitted by a letter of 27 June 1961 from the Office of the Permanent Representative of Indonesia to the United Nations /Original text: English/ "I now have the pleasure to inform you that in Indonesia we have a law concerning citizenship, that is 'Act No. 62 of the year 1958 concerning Republic of Indonesia Citizenship', and that the relevant provisions concerning the deprivation of nationality are contained in Sections 17, 18 and 19 of above mentioned Act, which read as follows: Section 17 The Republic of Indonesia citizenship shall be lost: (a) upon the acquirement of another citizenship by a person's own will, on the understanding that in case the person concerned is in the territory of the Republic of Indonesia upon acquiring the other citizenship, his Republic of Indonesia citizenship shall not be considered lost until the Minister of Justice, with the approval of the Council of Ministers, declare the loss of such Republic of Indonesia citizenship, either of the Minister's own volition or at the request of the person concerned; (b) in case the person concerned, when afforded the opportunity, does neither abjure nor reject another citizenship; (c) in case an unmarried person under 18 years of age is acknowledged as a child by an alien, unless the loss of the Republic of Indonesia citizenship should deprive the person concerned of any citizenship; (d) in case a child is legally adopted by an alien before it has attained five years of age, and if the loss of the Republic of Indonesia citizenship shall not render it devoid of any citizenship; (e) in case a person at his request shall be declared to have lost his citizenship by the Minister of Justice with the approval of the Council of Ministers, if the person concerned has attained 21 years of age, resides abroad and has not been rendered devoid, of any citizenship by the loss of his Republic of Indonesia citizenship; A/COWF.o/lO/Add.l English Page 11 (f) in case a person enters the service of a foreign armed force without prior consent of the Minister of Justice; (g) in case a person,, without prior consent of the Minister of Justice enters the service of a foreign country or an international organization of which the Republic of Indonesia is no member, if, under the enactments and provisions of the Republic of Indonesia, such office in the service of a country,, or if the holding of such office in the service of the international organization requires an oath or promise of office] (h) in case a person swears or promises allegiance to a foreign country or part thereof; (i) in case a person, without "being required to do so, takes part in the election of anything related to the political affairs of a foreign country; (j) in case a person is in possession of a valid foreign passport, or document having the character of a passporty written out in his name; (k) in case a person, for other reasons than the public service, resides abroad for five consecutive years, without stating his wish to retain his Republic of Indonesia citizenship "before the expiry of the a"bove mentioned five-year period, and afterwards "before the expiry of every two years. Such wish shall "be made known to the Republic of Indonesia representative Office in his town or residence. For a Republic of Indonesia citizen under eighteen years of age, the afore mentioned five-year and two-year periods shall not apply until he has attained eighteen years of age, unless he is or has been married. Section_l8 -- person who has lost his Republic of Indonesia citizenship under Section 17, item k, shall recover his Republic of Indonesia citizenship in case he resides in Indonesia by virtue of an Entry Permit and makes a statement to that effect» Such statement shall be made to the District Court of his town or residence, within the first year of his residence in Indonesia. A/COKF.9/lO/AdcL.l English Page 12 Section 19 A Republic of Indonesia citizenship granted or acquired on the ground of false statements can "be revoked "by the office that has granted the citizenship or "by the office that has received such statements." English Page 13 18. ITALY Transmitted "by a letter of 16 June I96I from the Permanent Representative of Italy to the United Nations /_Original text: French/ "The grounds for deprivation of Italian nationality are given in article 8 of the Nationality Act of 15 June 1912 No. 555. Two of them make the loss of Italian nationality contingent on the acquisition of that of another Statej the thirds and the only one which might give rise to cases of statelessness,, is worded as follows : 'A person' shall cease to "be an Italian citizen if ...(3) Having accepted employment in the service of a foreign Government, or having entered the military service of a foreign Power^ he remains in that service even though directed "by the Italian Government to discontinue the said employment or to leave the said service within a specified period.1 These grounds for deprivation of nationality are common to a number of legislations. In this connexion it should "be noted that^ contrary to the provisions in the laws of some States, Italian law does not provide for automatic deprivation of nationality if an Italian national enters the service of a foreign Government. The Italian Government cannot relinquish the above-mentioned grounds for deprivation of nationality." A/CONF.9/lO/Add.l English Page Ik 19. JAPAN Transmitted "by a Note verbale of 22 June 1961 from the Permanent Representative of Japan to the United Nations /Original text: English/ "... there is no ground for deprivation of nationality which the Government of Japan^ for its part;, deems it essential to retain." A/CONF.9/lO/Add.l English Page 15 20. NETHERLANDS Transmitted by a letter of 2 June 1961 from the Permanent Representative of the Netherlands to the United Nations /Original text: English/ " oB „ I have "been directed "by the Netherlands Government to inform you that, apart from cases of acq.uisi.tion of another nationality^ the minimum grounds for deprivation of nationality which my Government deem it essential to retain are the voluntarily entering the service of a foreign country or continuing in such service in disregard of an express prohibition by the law of one's own state. Furthermore the Netherlands Government is willing to accept a procedure whereby it is in the last resort to be determined by a judicial authority whether the said ground actually does exist." Â/CCNF.9/lO/Add.l English Page 16 21. UNITED ARAB REPUBLIC Transmitted by a letter of 29 May I96I from the Permanent Representative of the United Arab Republic to the United Nations /Original text: English/ "I have the honour to inform Your Excellency that our law on nationality No. 82 of 1958, as amended toy law No. 282 of 1959, provides in articles 22 and 23 the grounds for deprivation of the nationality of the U.A.R. Article 22 provides that: 'Any national of the United Arato Republic may be deprived of his nationality by an order of the Minister of the Interior accompanied by a statement of his reasons, if (a) He has acquired a foreign nationality contrary to the provisions of article 17; (b) He has consented to perform military service for a foreign State without prior authorization granted by the Minister of War; (c) He has engaged in activities for the benefit of a foreign State or Government which is in a state of war with the United Arab Republic or with which diplomatic relations have been severed; (d) He has accepted a post abroad in the service of a foreign Government or a foreign or international organization and retains that post despite an order from the Government of the United Arab Republic to resign from it; (e) He has his ordinary place of residence abroad and has joined a foreign organization which has the object of attempting to undermine the social or economic order of the State by any means whatsoever; (f) He has received a definitive conviction in respect of an offence under the law requiring all persons to obtain permission to work for a foreign organization; (g) He has been known at any time as a Zionist; (h) He has been convicted of an offence described in the judgment as affecting his loyalty to his country or involving treason.' /•• A/OTF,9/lO/Add.l English Page 17 Article 23 provides: 'Any national of the United Arab Republic who leaves the Republic with the intention of not returning may be deprived of the nationality of the United Arab Republic by an order of the Minister of the Interior for reasons considered sufficiently grave by the Minister, if he is absent abroad for a period exceeding six months after being warned to return^ and if he fails to reply or replies giving unsatisfactory; reasons within the three months following the date of the warning, If be refuses to accept the warning or his place of residence is unsown,, publication of an appropriate notice in the Official Journal shall be deemed to constitute the warning, 'In the case of persons who have left the Syrian Region for a place outside the United Arab Republic before the entry into force of this Act, the period of six months shall begin on the day following the date of its entry into force„T The basis for the loss of nationality in these cases is the severance of relationship between a national and his country as a result of the commission by him of any of the acts which indicate his disloyalty to his country." UNITED NATIONS Distr. GENERAL A/CONF.9/lO/Add.2 19 July 1961 ORIGINAL: ENGLISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSEESS Observation "by the Government of Sweden œ~dipfïvâti'5D~'of nationality """ Note "by the Secretary*GeneraJ: Earlier observations received from twenty-one States have "been reproduced in documents A/CCOT.9/IQ and A/CONF.9/lO/Add.l. 22. SWEDEN Transmitted by a letter of 30 June 1961 from the Minister for Foreign Affairs oJT Sweden /Original text: English/ .... I wish to state that the Swedish legislation on nationality does not contain any provisions relating to deprivation of nationality. UNITED NATIONS Distr. >f^?5Bt\>^\ GENERAL ASSEMBLGENERAL Y fî$1§3StF ^é^ ORIGINAL : ENGLISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS Observation by the Government of Ceylon on deprivation of nationality Note "by the Secretary-General: Earlier observations received from twenty-two States have been reproduced in documents A/CONF.9/IO and A/C0NF.9/l0/Adds,l ar.d 2. 23a CEYLON Transmitted by a Note verbale of lU July 1961 from the Permanent Mission of Ceylon to the United Nations /Original text: English/ The Permanent Mission of Ceylon to the United Nations has the honour to forward herewith a copy of the Ceylon Citizenship Act, No. 18 of 19^8, as amended by Citizenship Amendment Act, No» ^0 of 1950, with particular reference to Part IV of the Act which constitutes the minimum grounds for deprivation of nationality which the Government of Ceylon deems it essential to retain. Part IV of the CITIZENSHIP ACT, No. 18 of I9U8 as amended Part IV. Loss of citizenship lo» If a citizen of Ceylon of full age and of sound mind makes a declaration °f renunciation of citizenship of Ceylon in the prescribed manner, the p.) English Page 2 Minister shall cause the declaration to "be registered; and, upon registration thereof, the declarant shall cease to be a citizen of Ceylon:: Provided, however, that the Minister may withhold registration of such declaration if it is made during the continuance of any war in which Ceylon is engaged and if, by the operation of any law enacted in consequence of that war, the declarant is deemed for the time being to be an enemy- 19» (l) Where a person born before the appointed date is a citizen of Ceylon by descent and is also on that date a citizen of any other country, that person shall1 (a) en the thirty-first day of December 1952, or (b) on the day on which he attains the age of twenty-two years, whichever day is in his case the later, cease to be a citizen of Ceylon, unless before that day he renounces citizenship of that other country in accordance with the law therein in force in that behalf and notifies such renunciation to a prescribed officer» (2) Where a person is a citizen of Ceylon by descent and that person, by operation of law, is at the time of his birth or becomes thereafter, also a citizen of any other country, that person shall: (a) on the thirty-first day of December 1952, or (b) on the day immediately succeeding the date of the expiration of a period of twelve months from the date on which he so becomes a citizen of that other country, or (c) on the day on which he attains the age of twenty-two years, whichever day is in his case the latest, cease to be a citizen of Ceylon, unless before that day he renounces citizenship of that other country in accordance with the law therein in force in that behalf and notifies such renunciation to a prescribed officer. (3) A person who, under sub-section (2) of section 5> is a citizen of Ceylon by descent but whose father is or was a citizen of Ceylon by registration, shall, on the day on which he attains the age of twenty-two years, cease to be a citizen of Ceylon, unless before that day he transmit to the Minister in the prescribed manner and form a declaration of retention of citizenship of Ceylon. (k) In the case of any person to whom the provisions of any of the preceding sub-sections apply, the Minister may in his discretion direct that A/C0NF.9/l0/Add.3 English Page 3 those provisions shall apply in that case subject to the modification that the reference therein to the age of twenty-two years shall be construed as a reference to such higher age as may be specified in the direction» (5) A person who is a citizen of Ceylon by descent shall cease to be a citizen of Ceylon if he voluntarily becomes a citizen of any other country,, (6) Where a person who, having been exempted from the requirements of paragraph (a) of sub-section (l) of section 8, resumes the status of a citizen of Ceylon by descent by virtue of a declaration under that sub-section, that person shall, on the day immediately succeeding the date of the expiration of a period of three months (or such longer period as the Minister may for good cause allow) from the date of the declaration cease to be a citizen of Ceylon, unless he earlier complies with the requirements of the aforesaid paragraph (2)o 20. (l) A person who is a citizen of Ceylon by registration shall cease to be a citizen of Ceylon if he voluntarily becomes a citizen of any other country » (2) Where a person who is registered as a citizen of Ceylon thereafter becomes, by operation of law, also a citizen of any other country, that person shall: (a) on the day immediately succeeding the date of the expiration of a period of three months (or such longer period as the Minister may for good cause allow) from the date on which he so becomes a citizen of that other country, or (b) on the day on which he attains the age of twenty-two ;years, whichever day is in his case the later, cease to be a citizen of Ceylon, unless before that day he renounces citizenship of that other country in accordance Wlth the law therein in force in that behalf and notifies such renunciation to a prescribed officer. (3) Where any person: (a) who, having been exempted from the provisions of sub-section (2) of section ïk, is registered under this Act as a citizen of Ceylon, or (^) who is registered under the Indian and Pakistani Residents (Citizenship) Act, No. 3 of 19^9, as a citizen of Ceylon, n"tinues after such registration to be a citizen of any other country, that shall: / * o e A/COHF.9/lO/Add.3 English Page k (i) on the day immediately succeeding the date of the expiration of a period of three months (or such longer period as the Minister may for good cause allow) from the date of his registration as a citizen of Ceylon, or (ii) on the day on which he attains the age of twenty-two years, whichever day is in his case the later., cease to be a citizen of Ceylon, unless before that day he renounces citizenship of that other country in accordance with the law therein in force in that behalf and notifies such renunciation to a prescribed officer» 20A* In any case where any person purports to renounce citizenship of any country for the purpose of acquiring, retaining or resuming, under any provision of this Act, the status of a citizen of Ceylon, and it is found at any time that the renunciation was not in accordance with or not effective under the law in force in that behalf in such other country, that person shall be deemed never to have acquired, retained or resumed, under that provision, the status of a citizen of Ceylonj and if the Minister makes a declaration to that effect in any such case, the declaration shall be final and shall not be contested in any court. 21. A person who is a citizen by registration shall cease to be a citizen of Ceylon if that person resides outside Ceylon for five consecutive years or more, exclusive of any period during which that person: (a) is employed abroad as an officer in the service of the Government of Ceylon, or (b) is abroad as a representative of the Government of Ceylon, or (c) being the spouse or minor child of a citizen of Ceylon who is abroad in any of the capacities specified in paragraphs (a) and (b) of this section, resides abroad with that citizen, or (d) resides abroad on a holiday or for reasons of health, or (e) is a student at an educational institution abroad, or (f) resides abroad with a spouse who is a citizen of Ceylon by descent, or (g) is abroad for any prescribed purpose. A/C0NF.9/lo/Add.3 English Page 5 22. (l) Where the Minister is satisfied that a person who is a citizen of Ceylon "by registration: (a) has been convicted of an offence under this Act, or (b) has been convicted of any offence under Chapter VI of the Penal Code, or (c) was registered as a citizen of Ceylon by means of fraud, false representation, or the concealment of material circumstances or by mi stake, or (d) has, within five years after the date of registration as a citizen of Ceylon, been sentenced in any court to imprisonment for a term of twelve months or more, or (e) has, since the date of his becoming a citizen of Ceylon by registration, been for a period of not less than two years ordinarily resident in a foreign country of which he was a national or citizen at any time prior to that date, and has not maintained a substantial connection with Ceylon, or (f) has taken an oath or affirmation of, or made a declaration of, allegiance to a foreign country, or (g) has so conducted himself that his continuance as a citizen of Ceylon is detrimental to the interests of Ceylon, the Minister may by Order declare that such person shall cease to be such a citizen, and thereupon the person in respect of whom the Order is made shall cease to be a citizen of Ceylon by registration. (2) Before the Minister makes any Order in relation to a person to whom paragraph (g) of sub-section (l) of this section applies, he shall refer that person's case for inquiry by one or more persons appointed by him, with such Qualifications as may be prescribed. The person or persons who have been authorized to make an inquiry under the preceding provisions of this section shall^ as soon as the inquiry is completed, make a written report to the Minister, Se shall not make any order under sub-section (l) of this section without carefully considering such report. (3) Where a person ceases to be a citizen of Ceylon under sub-section (l) of this section, the Minister may by Order direct that all or any of the persons A/C0NF.9/l0/Add.3 English Page 6 specified, in the following paragraph shall cease to "be citizens of Ceylon, and thereupon they shall cease to "be citizens: (a) all or any of the minor children of such person who have been included in the certificate of registration issued to him at the time of his registration, and (b) the spouse, widow or widower of such person, if such spouse, widow or widower was registered under this Act. UNITED NATIONS Distr. GENERAL GENERAL ASSEMBLY A/COHF-9/H 30 June I961 ORIGINAL: ENGLISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS OBSERVATIONS BY THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES Note "by the Secretary-General: The United Nations High Commissioner for Refugees, by a letter dated 19 June 1961, transmitted the observations reproduced in the present document. Observations transmitted by the United Nations High Commissioner for Refugees /Original text: English/ The United Nations High Commissioner for Refugees has the honour to submit the following observations on the draft Convention on the Reduction of Future Statelessness to the Conference on the Elimination or Reduction of Future Statelessness: 1» The draft Convention on the Reduction of Future Statelessness, as adopted by the Conference held in Geneva in March/April 1959.» makes the grant of nationality according to Articles 1 and k dependent, inter alia_j, on the fact that the person concerned "would otherwise be stateless", The application of these provisions would, therefore, make it necessary for Contracting States to ascertain whether the person concerned possesses or does not possess the nationality of one or several other States. According to a general principle of law, it is for each State to determine who are its nationals. The finding of the Contracting State concerned on the nationality of the person would not necessarily be identical with the finding of the State or States whose nationality is at issue. It could occur that Contracting State A holds that the person possesses the A/CONF.9/11 English Page 2 nationality of State B, while the authorities of State B hold that he has not the nationality of that country. In this case the person would not be granted the nationality of State A and, not being considered as national by State B, would remain stateless, 2. In order to reduce such conflicts the International Law Commission incorporated the following provisions in Article 11 of its draft Conventions : "le The Parties undertake to establish, within the framework of the United Nations, an agency to act, when it deems appropriate, on behalf of stateless persons before Governments or before the tribunal referred to in paragraph 2. 2O The Parties undertake to establish, within the framework of the United Nations, a tribunal which shall be competent to decide any dispute between them concerning the interpretation or application of this convention and to decide complaints presented by the agency referred to in paragraph 1 on behalf of a person claiming to have been denied nationality in violation of the provisions of the convention. 3» If; within two years after the entry into force of the convention, the agency or the tribunal referred to in paragraphs 1 and 2 has not been established by the Parties7 any of the Parties shall have the right to request the General Assembly to establish such agency or tribunal. ha The Parties agree that any dispute between them concerning the interpretation or application of the convention shall, if not referred to the tribunal provided for in paragraph 2, be submitted to the International Court of Justice." (Report of the International Law Commission - Sixth Session - 3 June-28 July 3» Article 11 of the draft Convention adopted by the Conference at Geneva provides that Contracting States shall promote the establishment within the framework of the United Nations of a body to which a person claiming the benefit of the Convention could apply for the examination of his claim and for assistance in presenting it to the appropriate authority. No provision is made, on the other hand, for a special tribunal as envisaged in the draft of the International Law Commission. The draft contains a new A/CONF.9/11 English Page 3 article providing for the settlement of disputes between Contracting States concerning the interpretation or application of the Convention which cannot be settled by other means, by the International Court of Justice at the request of any one of the parties to the dispute. Both Article 11 and the new Article on the settlement of disputes were adopted at Geneva subject to a right of reservation. km The United Nations High Commissioner for Refugees wishes to draw the attention of the Conference to this problem, as the absence of provisions for the settlement of such conflicts as to the nationality of a person may, in his view, reduce the effect of the Convention in reducing statelessness. 5- The term "stateless" is not defined in the draft Convention. There are many persons who, without being de jure stateless, do not possess an effective nationality. They are usually called de facto stateless persons. Both the Convention relating to the Status of Refugees of 28 July 1951 and the Statute of the United Nations High Commissioner for Refugees (Annex to General Assembly resolution ^28 (v) of ik December 1950) define as refugees both persons devoid of nationality who are outside their country of former habitual residence and persons possessing a nationality who are outside the country of their nationality and fulfil the other conditions provided for in these instruments. The Conference of Plenipotentiaries on the Status of Stateless Persons considered the question of the definition of the term "stateless person" at some length. Proposals for a definition including de facto stateless persons were made at the Conference (documents E/COWF.17/L.6, and E/C0WF.17/L.21). The Conference finally adopted the following definition in Article 1 of the Convention: "For the purpose of this Convention, the term 'stateless person1 means a person who is not considered as a national by any State under the operation of its law." As to de facto stateless persons, a recommendation was incorporated in the Final Act. (E/COKF.17/5/Rev.l) 6. The Conference on the Elimination or Reduction of Future Statelessness held in Geneva did consider the question of de facto stateless persons A/COKF.9/11 English Page k briefly and on the "basis of this discussion a resolution was adopted, reading: "The Conference recommends that persons who., not enjoying the protection of a government, are stateless de facto should as far as possible be treated as stateless de jure to enable them to acquire an effective nationality." This resolution was adopted by 8 votes to L, with 20 abstentions (Summary Record No. A/CONF.9/C.I/SR.I9 of ik April 1959, page 10). The United Nations High Commissioner for Refugees considers this to be an important problem which may not yet have received full consideration by the States participating in the Conference» 7» The United Nations High Commissioner hopes that persons who are refugees within his mandate and who are de jure or de facto stateless, as well as persons who derive their nationality from such persons, will be enabled to benefit equally from the provisions of the Convention on the Reduction of Future Statelessness. The United Nations High Commissioner for Refugees, therefore, submits this problem to the resumed Conference for its consideration. UNITED NATIONS Distr. GENE GENERAL A/CONF.9/12 ASSE 9 August 1961 ORIGINAL: ENGLISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS ORGANIZATION MD WORK OF THE CONFERENCE DURING THE PERIOD FROM 2h MARCH TO 17 APRIL 1959 Note "by the Secretariat feoP.) A/COWF.9/12 English Page 2 •TABLE OF CONTENTS Paragraph Pag, I, Organization of the Conference ...... 1-7 3 Attendance at the Conference ...... 1 3 Election of President and Vice-Presidents . . 2 3 Adoption of Rules of Procedure and Agenda » . 5 3 Credentials ...... h k Basis of discussion - Method of Work . . . . 5-7 k II o Work completed "by the Conference ...... 8-10 5 Articles adopted "by the Conference in plenary 8-10 5 III. Work awaiting completion ...... 11-29 13 Article 8 ...... „ „ . = 11-20 13 Article 13 ...... 21 16 Article l6 ...... 22 17 Article 17 ...... 23 17 Article 18 ...... 2k 18 Title of Convention ...... 25 18 Preamble ...... 26 18 Draft resolutions adopted "by the Committee of the Whole ...... 27 19 Proposed, new article to follow article k- . , 28 19 Draft resolutions submitted "but not discussed 2Q 20 /• A/COKP.9/12 English Page 3 I. Organization of the Conference Attendance at the Conference ]_, The United Nations Conference on the Elimination or Reduction of Future Statelessness, convened Toy virtue of General Assembly resolution 896 (ix) of lj. December 195^-.? met at the European Office of the United Nations in Geneva from 2k March to 17 April 1959-^ The following thirty-five States were represented at the Conference: Argentina, Austria, Belgium, Brazil, Canada, Ceylon, Chile, China, Denmark, Dominican Republic, Federal Republic of Germany, France, Holy See, India, Indonesia, Iraq_, Israel, Italy, Japan, Liechtenstein, Luxembourg, Netherlands, Norway, Pakistan, Panama, Peru, Portugal, Spain, Sweden, Switzerland, Turkey, United Arab Republic, United Kingdom, United States, Yugoslavia. Greece and Finland were represented "by observers at the Conference, as were the Office of the High Commissioner for Refugees and the following intergovernmental organizations: Council of Europe, Intergovernmental Committee for European Migration, International Institute for the Unification of Private Law, League of Arab States» In addition, twenty-one non-governmental organizations attended the Conference. Election of President and Vice-Presidents 2. The Conference elected Mr. Knud Larsen (Denmark) as President (A/CONF.9/SR.I, P- 3) and Mr, Ichiro Kawasaki (Japan) and Mr. Humberto Calamari (Panama) as Vice-Presidents (A/CONF^/SR.I, p. h). Adoption of Rules of Procedure and Agenda 3- The Conference adopted without change (A/CONF.9/SR.I, p. k) the Provisional Rules of Procedure (A/CONF.9/2) and the Provisional Agenda (A/CONF.9/1) on the ^understanding that item 7 might "be taken before item 6. The Agenda consisted of "fche following items: 1. Opening of the Conference "by the Secretary-General; 2- Election of the President; 3. Adoption of the Agenda; k. Adoption of the rules of procedure; 5. Election of Vice-Presidents; 6. Organization of work; A lis€ of the documents of the Conference issued during this period may he found in document A/C0NF.9/L.79o A/COïvTF.9/12 English Page h 7» Examination of the question of the elimination or reduction of future statelessness; 8, Adoption of convention(s) or other instruments; 9» Signature of the Final Act and of the convention(s) or other instruments. Credentials h» In accordance with Rule 5 of the Rules of Procedure, the President and Vice-Presidents examined the credentials of representatives and their report thereon (A/CONF.9/L.66) was adopted hy the Conference (A/OTF.9/SR.12, p. 2). Basis of Discussion - Method of Work 5. After a short general debate the Conference adopted (A/C0NF.9/SR..2, p. 10) as a, "basis for discussion the draft convention prepared "by the International Law Commission on the reduction of future statelessness, rather than that on the elimination of future statelessness (A/CORF.9/L.l). The Conference then proceeded to discuss the text of that draft convention article "by article "before deciding., in view of procedural difficulties regarding the reconsideration of texts, that a Committee of the Whole Conference should "be set up to give a first reading to all proposals (A/C(MF.9/SR»7J p. 5) = Such a Committee was then constituted with the President of the Conference as Chairman and the Vice-Presidents of the Cpnference as Vice-Chairmen (A/COHF'.9/C.l/SR.l, p. 2). 60 A Drafting Committee was appointed consisting of the representatives of Argentina, Belgium, France, Israel, Panama and the United Kingdom, the representative of Panama "being elected as its Chairman (A/CQNF.9/C.1/SR.5J ï3' ^'' 7- The method of work followed "by the Conference was to consider the draft convention article by article in the Committee of the Whole, to refer the texts adopted by the Committee of the Whole to the Drafting Committee, and to adopt the final text of each article in plenary after consideration of the drafts prepared "by the Drafting Committee (A/C0WF-9/L.40 and Add.l-5/Rev.l, A/CONF.9/L.42). It was decided that the Drafting Committee should also remedy discrepancies in drafting and report back to the Conference in plenary meeting before the vote was taken on the draft convention as a whole (A/COKF.9/SR.8, p. 5). English Page 5 II. Work completed by the Conference Articles adopted by the Conference in plenary 5, In accordance with the method of work outlined in the preceding paragraph, the Conference adopted at its ninth plenary meeting the texts of articles 1, 2 and 5; at its tenth plenary meeting the texts of articles k, 5, 10, 11, 12, Inl- and 15; at its eleventh plenary meeting the texts of a new article (Territorial Application clause), a new article (Effect of Convention), and a new article (Settlement of Disputes); at its twelfth plenary meeting the text of article 7i and at its thirteenth plenary meeting the texts of articles 9J> 6 and a new article concerning relationship to national legislation, as well as a new paragraph to article 15- 9. The text of the articles adopted by the Conference and revised by the Drafting Committee reads as follows (A/CONF.9/L.78): Article 1 1. A Contracting State shall grant its nationality to a person born in its territory who would otherwise be stateless» Such nationality shall "be granted : (a) at birth, by operation of law, or (b) upon an application being lodged with the appropriate authority, by or on behalf of the person concerned, in the manner prescribed by the national law, Subject to the provisions of paragraph 2 of this article, no such application may be rejected» A Contracting State which provides for the grant of its nationality in accordance with sub-paragraph (b) of this paragraph may also provide for the grant of its nationality by operation of law at such age and subject to such conditions as may be prescribed by the national law» 2. A Contracting State may make the grant of its nationality in accordance with sub-paragraph (b) of paragraph 1 of this Article subject to one or more of the following conditions: (a) that the application is lodged during a period, fixed by the Contracting State, beginning not later than at the age of eighteen years and ending not earlier than at the age of twenty-one years, so, however, that the person concerned shall be allowed at least one year during which he may himself make the application without having to obtain legal authorization to do so; English Page 6 (b) that the person concerned has habitually resided in the territory of the Contracting State for such period as may be fixed by that State, not exceeding five years immediately preceding the lodging of the application nor ten years in all; (c) that the person concerned has neither been convicted of an offence against national security nor has been sentenced to imprisonment for a term of five years or more on a criminal charge; (d) that the person concerned has always been stateless. 3- Notwithstanding the provisions of paragraphs 1 (b) and 2 of this Article} a child born in wedlock in the territory of a Contracting Statej whose mother has the nationality of that State, shall acquire at birth that nationality if it otherwise would be stateless. k-e A Contracting State shall grant its nationality to a person who would otherwise be stateless and who is unable to acquire the nationality of the Contracting State in whose territory he was born because he has passed the age for lodging his application or has not fulfilled the required residence conditions, if the nationality of one of his parents at the time of the person's birth was that of the Contracting State first above mentioned. If his parents did not possess the same nationality at the time of his birth9 the question whether the nationality of the person concerned should follow that of the father or that of the mother shall be determined by the national law of such Contracting State. If application for such nationality is required, the application shall be made to the appropriate authority by or on behalf of the applicant in the manner prescribed by the national law. Subject to the provisions of paragraph 5 °f this Article_, such application shall not be refused» 5. The Contracting State may make the grant of its nationality in accordance with the provisions of paragraph k of this Article subject to one or more of the following conditions : (a) that the application is lodged before the applicant reaches an age^ being not less than twenty-three years; fixed by the Contracting State; (b) that the person concerned has habitually resided in the territory of the Contracting State for such period immediately preceding the lodging of the application, not exceeding three years, as may be fixed by that State; (c) that the person concerned has always been stateless. A/CONF.9/12 English Page T Article 2 A foundling found in the territory of a Contracting State shall, in the absence of proof to the contrary, be considered to have been born within that territory of parents possessing the nationality of that State» Article For the purpose of determining the obligations of Contracting States under this Convention, birth on a ship or in an aircraft shall be deemed to have taken place in the territory of the State whose flag the ship flies or in the territory of the State in which the aircraft is registered; as the case may be. Article k 1. A Contracting State shall grant its nationality to a person., not born in the territory of a Contracting State,, who would otherwise be stateless,, if the nationality of one of his parents at the time of the person's birth was that of that State, If his parents did not possess the same nationality at the time of his birth, the question whether the nationality of the person concerned should follow that of the father or that of the mother shall be determined by the national law of such Contracting State„ Nationality granted in accordance with the provisions of this paragraph shall be granted: (a) at birth, by operation of law, or (b) upon an application being lodged with the appropriate authority, by or on behalf of the person concerned, in the manner prescribed by the national law» Subject to the provisions of paragraph 2 of this Article, no such application may be rejected. 2. A Contracting State may make the grant of its nationality in accordance with the provisions of paragraph 1 of this Article subject to one or more of the following conditions : (a) that the application is lodged before the applicant reaches an age, being not less than twenty-three years, fixed by the Contracting State; (b) that the person concerned has habitually resided in the territory of the Contracting State for such period immediately preceding the lodging of the application, not exceeding three years, as may be fixed by that Statej A/CONF.9/12 English Page 8 (c) that the person concerned has not been convicted of an offence against national security; (d) that the person concerned has always been stateless. Article 5 1B If the law of a Contracting State entails loss of nationality as a consequence of any change in the personal status of a person such as marriage, termination of marriage, legitimation, recognition or adoption, such loss shall be conditional upon possession or acquisition of another nationality. 2O If, under the law of a Contracting State, a child born out of wedlock loses the nationality of that State in consequence of a recognition of affiliation, he shall be given an opportunity to recover that nationality by written application to the appropriate authority, and the conditions governing such application shall not be more rigorous than those laid down in paragraph 2 of article 1 of this Convention» Article 6 If the law of a Contracting State provides for loss of its nationality by a person's spouse or children as a consequence of that person losing or being deprived of that nationality such loss shall be conditional upon their possession or acquisition of another nationality, Article 7 1. (a) If the law of a Contracting State permits renunciation of nationality, such renunciation shall not result in loss of nationality unless the person concerned possesses or acquires another nationality. (b) The provisions of sub-paragraph (a) of this paragraph shall not apply where their application would be inconsistent with the principles stated in Articles 13 and Ik of the Universal Declaration of Human Rights approved on 10 December 19kQ, by the General Assembly of the United Nations. 2* A national of a Contracting State who seeks naturalization in a foreign country shall not lose his nationality unless he acquires or has been accorded assurance of acquiring the nationality of that foreign country. A/CONF.9/12 English Page 9 3« Subject to the provisions of paragraphs k and 5 of this Article, a national of a Contracting State shall not lose his nationality., so as to "become stateless., on the ground of departure, residence abroad, failure to register or on any similar ground. 4» A naturalized person may lose his nationality on account of residence abroad for a period, not less than seven consecutive years, specified by the law of the Contracting State concerned if he fails to declare to the appropriate authority his intention to retain his nationality. 5o In the case of a national of a Contracting State, born outside its territory, the law of that State may make the retention of its nationality after the expiry of one year from his attaining his majority, conditional upon residence at that time in the territory of the State or registration with the appropriate authority» 6, Except in the circumstances mentioned in this Article} a person shall not lose the nationality of a Contracting State, if such loss would render him stateless, notwithstanding that such loss is not expressly prohibited by any other provision of this Convention. Articlg__9 A Contracting State may not deprive any person or group of persons of their nationality on racial, ethnic, religious or political grounds. Article 10 1» Every treaty between Contracting States providing for the transfer of territory shall include provisions designed to secure that no person shall become stateless as a result of the transfer,, A Contracting State shall use its best endeavours to secure that any such treaty made by it with a State which is not a party to this Convention includes such provisions, 2. In the absence of such provisions a Contracting State to which territory is transferred or which otherwise acquires territory shall confer its nationality on such persons as would otherwise become stateless as a result of the transfer or acquisitions Article The Contracting States shall promote the establishment within the framework of the United Nations, as soon as may be after the deposit Adopted subject to a right of reservation» A/COKP.9/12 English Page 10 of the sixth instrument of ratification or accession,, of a body to which a person claiming the benefit of this Convention may apply for the examination of his claim and for assistance in presenting it to the appropriate authority,, New article (Territorial Application clause)* .1. This Convention shall apply to all non-self-governing, trust, colonial and other non-metropolitan territories for the international relations of which any Contracting State is responsible! the Contracting •State concerned shall, subject to the provisions of paragraph 2 of this Article, at the time of signature, ratification or accession, declare the non-metropolitan territory or territories to which the Convention shall apply ipso facto as a result of such signature, ratification or accession. 2O In any case in which, for the purpose of nationality, a non- metropolitan territory is not treated as one with the metropolitan territory, or in any case in which the previous consent of a non- metropolitan territory is required by the constitutional laws or practices of the Contracting State or of the non-metropolitan territory for the application of the Convention to that territory, that Contracting State shall endeavour to secure the needed consent of the non-metropolitan territory within the period of twelve months from the date of signature of the Convention by that Contracting State, and when such consent has been obtained the Contracting State shall notify the Secretary-General of the United Nations. This Convention shall apply to the territory or territories named in such notification from the date of its receipt by the Secretary-General8 3* After the expiry of the twelve-month period mentioned in paragraph 2 of this Article, the Contracting States concerned shall inform the Secretary-General of the results of the consultations with those non-metropolitan territories for whose international relations they are responsible and whose consent to the application of this Convention may have been withheld» New article (Effect of Convention) 1. In relation to a Contracting State which does not, in accordance with the provisions of paragraph 1 of Article 1 or of Article k of this Convention, grant its nationality at birth by operation of law, the provisions of paragraph 1 of Article 1 or of Article h} as the case may be, shall apply to persons born before as well as to persons born after the entry into force of this Convention» Adopted subject to the right to enter reservations to this Article» A/CCMF.9/12 English Page 11 2* The provisions of paragraph k of Article 1 of this Convention shall apply to persons "born "before as well as to persons born after its entry into force * 3, The provisions of Article 2 of this Convention shall apply only to foundlings found in the territory of a Contracting State after the entry into force of the Convention for that Statee New article This Convention shall not be construed as affecting any provisions more conducive to the reduction of statelessness which may he contained in the law of any Contracting State now or hereafter in force, or may be contained in any other convention, treaty or agreement now or hereafter in force between two or more Contracting States, New_article (Settlement of Disputes)* Any dispute between Contracting States concerning the interpretation or application of this Convention which cannot be settled by other means shall be submitted to the International Court of .Justice at the request of any one of the parties to the disputes Article 12 1. This Convention shall be opened for signature at Geneva on . „ „ April 1959 an(3- shall thereafter be deposited with the Secretary- General of the United Nations. It shall be open for signature at the European Office of the United Nations from ... April to 30 June 1959 and shall be re-opened for signature at the Headquarters of the United Nations from 3 August 1959 to 31 December i960. 2. This Convention shall be open for signature on behalf of: (a) any State Member of the United Nations; (b) any other State invited to attend the United Nations Conference on Elimination or Reduction of Future Statelessness; (c) any State to which an invitation to sign or to accede may be addressed by the General Assembly of the United Nations. 3° This Convention shall be ratified and the instruments of ratification shall be deposited with the Secretary-General of the United Nations6 — Adopted subject to the right to enter reservations to this Articlee A/CONF.9/12 English Page 12 4, This Convention shall be open for accession by the States referred to in paragraph 2 of this Article. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. Article Ik 1* This Convention shall enter into force two years after the date of the deposit of the sixth instrument of ratification or accession. 2P For each State ratifying or acceding to this Convention after the deposit of the sixth instrument of ratification or accession, it shall enter into force on the ninetieth day after the deposit by such State of its instrument of ratification or accession or on the date on which this Convention enters into force in accordance with the provisions of paragraph 1 of this Article, whichever is the later» Article 15 1. Any Contracting State may denounce this Convention at any time by a written notification addressed to the Secretary-General of the United Nations. Such denunciation shall take effect for the Contracting State concerned one year after the date of its receipt by the Secretary-General» 2, In cases where, in accordance with the provisions of Article .-0 , this Convention has become applicable to a non-metropolitan territory of a Contracting State, that State may at any time thereafter, with the consent of the territory concerned, give notice to the Secretary-General of the United Nations denouncing this Convention separately in respect of that territory. The denunciation shall take effect one year after the date of the receipt of such notice by the Secretary-General, who shall notify all other Contracting States of such notice and the date or receipt thereof. 10» It is to be noted that, of the articles adopted by the Conference, the following three were adopted subject to a right of reservation: (l) article 11 (2) new article (Territorial Application clause), and (3) new article (Settlement of Disputes)» A/CONF.9/12 English Page 13 III. Work awaiting completion Article 8: (Adopted by the Committee of the Whole) 11. Article 8 was adopted by the Committee of the Whole but was not adopted by the Conference» The International Law Commission's draft article 8 reads as fellows ;A/CCNF.9/L.l): 1. A Party may not deprive its nationals of their nationality by way of penalty or on any other ground if such deprivation renders them stateless, except on the ground mentioned in article 7, paragraph 3* °^ on the ground that they voluntarily enter or continue in the service of a foreign country in disregard of an express prohibition of their State» 2o In the cases to which paragraph 1 above refers, the deprivation shall be pronounced in accordance with due process of law which shall provide for recourse to judicial authority, 12. The text adopted for article 8 by the Committee of the Whole and revised by the Drafting Committee reads as follows (1) A Contracting State shall not deprive a person of its nationality if such deprivation would render him stateless, (2) At the time of signature, ratification or accession a Contracting may make a reservation to paragraph (l) of this article reserving to itself the right to deprive a person of its_ nationality /^notwithstanding that he would thereby be rendered stateless/, on such of the following grounds as may be specified at the time of signature., ratification or accession: (a) in the case of a natural-born national., on the ground of: (i) having voluntarily entered or continued in the service of a foreign country in disregard of an express prohibition by the Contracting State, or (ii) having taken an oath or made a declaration of allegiance to a foreign country] (b) in the case of a national other than a natural-born national, on the ground of: (i) false representation or fraud for the purpose of obtaining the Contracting State's nationality, provided that deprivation proceedings are brought within five years of the acquisition of that nationality, or A/C0TŒ\9/l2 English Page lk (ii) having been convicted officially and publicly of a treasonable or disloyal act or, in the case of a person accused of such an act who is in a foreign country., failing to return for trail, or (iii) having voluntarily entered or continued in the service of a foreign country in disregard of an express prohibition by the Contracting State, or (iv) having taken an oath, or made a declaration of allegiance to a foreign country,, or (v) residence abroad for a consecutive period;, being not less than seven years, specified by the law of the contracting State concerned., if he has failed to declare to the appropriate authority his intention to retain his nationality or he has no effective connexion with that StateD (3) Where a Contracting State has made such a reservation as is mentioned in paragraph 2 of this article, a national of that State shall not be deprived of his nationality except in accordance with procedure established by law, which shall provide for submission of the case to a completely independent and impartial bodyB 13. In plenary, a number of amendments to this text were adoptedo Ik. The representative of the Netherlands proposed that article 8, paragraph 2 (b) (ii), be replaced by the following text (A/C0NF.9/SR.12, p. 10): "having been convicted of a treasonable or disloyal act or, in the case of a person who is in a foreign country, having been officially accused of such an act, and, having been duly notified (légalement cité) of such an accusation, failing to return for trial"» The Netherlands amendment was adopted by 13 votes to none, with 17 abstentions (ibido)o It may be noted, however, that despite the adoption of the Netherlands amendment, the summary records indicate that the text adopted for the second part of paragraph 2 (b) (ii) was in the following terms (A/COMF.9/SR.13J P- 3): "... or in the case of a person accused of such an act who is in a foreign country, failing to return for trial". 15» The representative of Brazil proposed (A/C0NF.9/SR813^ p. 2) an amendment to article 8 in the following terms (A/C0NF.9/L«72): A/CONF.9/12 English Page 15 "Paragraph 2 Replace the introductory phrase ending with the words 'ratification or accession' "by the following: 'Notwithstanding paragraph 1 of this Article, at the time of signature, ratification or accession, any Contracting State may specify that the following may constitute grounds for depriving a person of the nationality:'" "Paragraph 3 In the first line replace the words 'made such a reservation as is1 by 'specified such grounds for deprivation as are1»" The representative of the United Kingdom suggested (ibid. ) that the words "any or all of" be added between the words "specify that" and the words "the following" in the Brazilian amendment to paragraph 2O With those additional words, the Brazilian amendment to paragraph 2 and the consequential amendment to paragraph 3 were adopted by 16 votes to 3? "with 10 abstentions (ibjLcL_) = l6. The representative of Italy suggested that the final words of paragraph 2 (b) (v), "or he has no effective connexion with that State"., be deleted (A/CONF.9/SR.13, p. k). Paragraph 2 (b) (v), without those words, was adopted by 12 votes to 1, with 17 abstentions (ibid,, p» 5)- 17» The representative of the Federal Republic of Germany submitted (A/C0NF.9/SR,13J P» 5) an amendment proposing that article 8, paragraph 2? be replaced by the following paragraph: "20 Notwithstanding paragraph 1 of this article, at the time of signature, ratification or accession, any Contracting State may specify any or all of the grounds admitted by the existing legislation for depriving a person of his nationality which will be maintained" - Ibis amendment was adopted by l6 votes to 11, with 7 abstentions (ibid., p. 6). 18. At the following meeting the representative of Canada introduced WC0NF.9/SR.llj-, p. 2) a joint amendment to article 8 proposed by Canada and the United Kingdom, which was the result of the work of an informal meeting of three delegations which had voted in favour of the amendment submitted by the •Federal Republic of Germany, three which had voted against it, and one which had A/COKP.9/12 English Page l6 abstained. At the same tine he moved that the decision on the German amendment be reconsidered (ibid., p, 3). The motion for reconsideration was carried by 17 votes to 6, with 10 abstentions (ibid., p. k). 19. The joint amendment proposed that article 8 should read as follows (A/COÏÏF.9/L.76): 1. A Contracting State shall not deprive a person of its nationality if such deprivation would render him stateless,, 2. Notwithstanding anything in paragraph 1 of this Article., a person other than a natural born national may be deprived of his nationality so as to be rendered stateless: (a) on the ground mentioned in paragraph k of Article 7^ or (b) on the ground of false representation or fraud for the purpose of obtaining the Contracting State's nationality. 3. At the time of signature, ratification or accession a Contracting State may make a reservation to paragraph 1 of this Article reserving to itself the right to deprive a person of its nationality, notwithstanding that he would thereby be rendered stateless., on any ground of national security and public order ("ordre publique") specified at the time of signature, ratification or accession, being a ground of deprivation recognized in the national law in force on ... April 1959» K* In the cases in which deprivation is permitted under paragraph 2 of this Article or where a Contracting State has made such a reservation as is mentioned in paragraph 2 of this Article, a national of the Contracting State shall only be deprived of his nationality in accordance with procedure established by law, which shall provide for submission of the case to a completely independent and impartial body. 20. I\fo vote was taken on the joint amendment to article 8,, and,? the question of article 8 was left outstanding. Article 13 21. The text of the International Law Commission's draft article 13 reads as follows (A/C0NF.9/LO1): 1. At the time of signature, ratification or accession any State may make a reservation permitting it to postpone, for a period not exceeding two years, the application of the convention pending the enactment of necessary legislation. 2. No other reservations to the present convention shall be admissible. A/CONF.9/12 English Page 17 Committee of the Whole decided to delete paragraph 1 (A/CONF.9/C.I/SR.I3, p. 6). It was agreed that further discussion of article 13 be deferred until the plenary meetings resumed (A/CONF.9/C.l/SR.2O, p. 2). Thereafter, the Committee adopted the suggestion of the Chairman that, in order to provide two opportunities for discussing article 13, it should be considered again at a resumed meeting of the Committee? after a final decision had "been reached in the plenary meeting on articles 1 to 12, that the agreed text should be referred to the Drafting Committee for revision, and that the text as revised should be finally considered in plenary (ibid,). The circumstances in which the Conference closed, however, precluded that course of action, and the matter remains open. Article l6 22. The Committee of the "Whole approved (A/CONF.9/C.I/SR.I8, p. 2) the text of the International Law Commission's draft as amended by document A/CONF^/L^^ as amended by document A/COWF.9/L.33* The article was not discussed by the Conference in plenary. The text of the article as approved by the Committee of the Whole would read as follows; 1. The Secretary-General of the United Nations shall notify all Members of the United Nations and the non-member States referred to in article 12 of the following particulars: (a) Signatures, ratifications and accessions under article 12; (b) Reservations under article (c) The date upon which the present convention enters into force in pursuance of article l^j-; (d) renunciations under article 15. 2O The Secretary-General of the United Nations shall, after the deposit of the /sixth/ instrument of ratification or accession at the latest, bring to the attention of the General Assembly the question of the establishment, in accordance with article 11, of such an agency as therein mentioned. 23. The text of the International law Commission's draft article 17 reads as follows (A/COMF.9/L.1): * With regard to the status of article 13, see paragraph 21 above. A/COKF.9/12 English Page 18 1. Tiie present convention shall be deposited with the Secretariat of the United Na t i on s. 2, A certified copy of the convention shall be transmitted to all Members cf the United Nations and to the non-member States referred to in article 12. The Committee of the "Whole agreed that it should be deleted and that the final provision of the Danish draft (A/CONF.9/^, p. 20) be approved as the final article of the Convention (A/COÏÏF.9/C.I/SE.9, p. 1^). The text of the final provision as adopted by the Committee of the Whole and revised by the Draft Committee reads as follows (A/COW. 9/L. ko/Add. 5/Rev, 1 ) : IN WITNESS WHEREOF the undersigned, duly authorized, have signed this Convention on behalf of their respective Governments. DONE at , this ...... day of ,,.,...„., .....„, one thousand nine hundred and fifty-...... } in a single copy, of which the .. . . . texts are equally authoritative and which shall remain deposited in the archives of the United Nations, and certified copies of which shall be delivered by the Secretary-General of the United Nations., to all Members of the United Nations and to the non-member States referred to in article 12. 2k. The text of the International law Commission's draft article 18 reads as follows (A/CONF.9/L.1): "The present convention shall be registered by the Secretary»General of the United Nations on the date of its entry into force." The Committee of the Whole agreed that it should be deleted (A/CONF.9/C.l/SR.9> p. HO- Title of Convention 25. The Committee of the Whole agreed that the title of the Convention should be "Convention on the Reduction of Statelessness" (A/C0WF.9/C.l/SR.12, p. 2). Preamble 26. The Committee of the Whole agreed to amend the text of the preamble (A/CONF.9/C.I/SR.19, p. 6). The text of the preamble as adopted by the Committee and revised by the Drafting Committee reads as follows (A/CONF.9/L.^O/Add.5/Rev.l); /••• A/COKP.9/12 English Page 19 "The Contracting States, "Acting in pursuance of resolution 896 (IX), adopted by the General Assembly of the United Nations on k December ^ "Considering it desirable to reduce statelessness by international agreement^ "Have agreed as follows:" Draft resolutions adopted by the Committee of the Whole 27. The Committee of the "Whole adopted a Eanish draft resolution (A/CONF.9/L.52) regarding the interpretation of the terms "naturalization" and "naturalised persons" (A/CONF.9/C.l/SR.2O, p. 2), and a Belgian draft resolution (A/CONF.9/L. regarding de facto statelessness (A/CONF.9/C.I/SR.I9, p. 10). The texts of these resolutions as revised by the Drafting Committee read as follows (A/CONP.9/L.^O/Add.6, Parts II and III)". (1) "The Conference "Recommends that persons who., not enjoying the protection of a government, are stateless de facto should as far as possible be treated as stateless de jure to enable them to acquire an effective nationality." (2) "The Conference "Agrees that for the purposes of the Convention the terms 'naturalization1 and 'naturalized person' shall be interpreted as referring respectively only to the acquisition of nationality and to a person who has acquired nationality upon an application which the Contracting State concerned may, in its discretion, refuse; acquisition upon an application which could not have been so refused shall not be considered as naturalization, even though the Contracting State concerned in such cases adopted the procedure of naturalization." article to follow article 1+ 2o. The representative of Denmark proposed the following text of a new article to follow article h (A/CONF.9/L.73): "A Contracting State shall grant its nationality to an unmarried minor child of a person who in accordance with Article 1 or h of this Convention acquires that nationality, if the child would otherwise be stateless. The national lax-7 of the Contracting State determines whether a child in such case shall follow the father or the mother." text was not discussed either in the Committee of the Whole or in plenary. A/COEF.9/12 English Page 20 Draft resolutions submitted "but not discussed 29. Draft resolutions proposed "by Norway and Israel respectively were not discussed in either the Committee of the Whole or in plenary. The text of the draft resolution proposed by Norway reads as follows (A/CONF.9/L. "The Conference recommends Contracting Parties making the retention of nationality by their nationals abroad subject to a declaration or registration to take all possible steps to ensure that such persons are informed in time of the formalities and time-limits to be observed if they are to retain their nationality." The text of the draft resolution proposed by Israel reads as follows (A/COHF.9/L.75): "The Conference "Agrees that for the purpose of the Convention the term 'convicted' shall mean 'convieted by a final judgment of a court of competent jurisdiction'." NATIONS Bistré GE GENERAL A5SE BLY A/CO:;F.9/I3 Ik August I961 ENOLISH ONLY UNITES NATIONS OOITORENCE ON THE ELIMINATION OB REDUCTION OF FUTURE STATELESSNESS Provisional List of Representatives, Observers and Secretariat AROEITIINA Delegate Tr, Mario AMADEO Ajubassador E>:traordinary and Plenipotentiary, Permanent Representative to the United Nations Alternate Br. Enrique RdS Second Secretary of Embassy Permanent Mission of the United Nations AUSTRIA Delegate Dr. Franz WEIDINGER Counsellor^ permanent Mission of the United Nations BELGIUM Delegates M. Jean TARON Conseiller adjoint au Ministère des Affaires Etrangères M. Eric BAL Attaché à la Mission Permanente auprès des Nations Unies M. Stany JANS5ENS Secrétaire d'Administration au Ministère de la Justice 61-20107 (7 p.) A/CONF.9/13 English Page 2 BRAZIL Delegate Mr. Gilberto AMADO Ambassador, Member of the International Law Commission CANADA Delegate Mr. R.H. JAY Department of External Affairs Ottawa Alternate Mr. Jean BOUCHER Director of Citizenship, Citizenship Branch, Department of Citizenship and Immigration, Ottawa Adviser Mr. W.M. HAUGAN Registrar of Citizenship Citizenship Registration Branch, Department of Citizenship and Immigration, Ottawa CEYLON Delegates Dr. G.P. MALALASEKERA, O.B.E. Mr. H.O. WIJEGOONAWARDENA Counsellor, Permanent Mission to the United Nations CHINA Delegate Mr. Pao-yi TSAO Technical Counsellor, Permanent Mission to the United Nations DENMARK Delegates Mr. Aage HESSELLUND-JENSEN Ambassador Extraordinary and Plenipotentiary, Permanent Representative to the United Nations Alternate Mr. William P. Me ILQUHAM-SCHMIDT Counsellor of Embassy, Deputy Permanent Representative to the United Nations A/CONF.9/13 English Page 3 DOMINICAN REPUBUC Delegates Senora Minerva BERNARDINO CAPPA Ambassador Extraordinary and Plenipotentiary, Alternate Representative to the United Nations Dr. Rafael Emilio HERRERA-CABRAL Ambassador Extraordinary and Plenipotentiary, Alternate Representative to the United Nations FRANCE Delegates H. Lucien HUBERT Counseiller juridique du Ministère des Affaires Etrangères M. André GIRAUD Magistratt Chef du Bureau du contentieux de la nationalité au Ministère de la Justice GERMANY Delegates Dr. Harald HEIMSOEEH First Secretary9 Office of the Permanent Observer to the United Nations Mrs. DLUGOSCH Counsellor3 Ministry of the Interiort Bonn Dr, Heinrich POHRIS Second Secretary, Ministry of Foreign Affairs HOLY SEE Delegate Révérend Père Henri de RIEDMAÎECEN English Page k INDONESIA. Delegates Mr, Suteardjo WIRJOPRANOTO Ambassador Extraordinary and Plenipotentiary, Permanent Representative to the United Nations Mr. Suffri JUSUP Senior Official of the Department of Foreign Affairs Mr. Ignatius CHRISTIADI Mangkuseputro Third Secretary of Embassy, Permanent Mission to the United Nations ISRAEL Head of Delegation Mr. Michael S. COMAY Ambassador Extraordinary and Plenipotentiary, Permanent Representative to the United Nations Alternate Head of Mr. Meir S. SIVAN Delegation Director General Ministry of the Interior Delegate Mr. Theodor MERON Principal Assistant to the Legal Adviser Ministry for Foreign Affairs ITALY Delegate Mr. Ugo CAXDARERA Judge, Legal Office of the Ministry for Foreign Affairs JAPAN Delegate Mr. BUNSHICHI HOSHI Counsellor, Permanent Mission to the United Nations Alternate Mr. Koichi MIZUTA Attorney, Civil Affairs Bureau Ministry of Justice, Tokyo Adviser Mr. Chiyuki HIRAOKA Secretary, Treaties Bureau Ministry of Foreign Affairs, Tokyo A/CONF.9/15 English Page 5 NETHERLANDS Delegate Professor Willem RIPHAGEN Legal Adviser to the Ministry of Foreign Affairs, The Hague NORWAY Delegate Mr. Andreas IRGENS Director of Department, Royal Norwegian Ministry of Justice PAKISTAN Delegate Sir Muhammad ZAFRULLA KHAN PANAMA Delegate Dr, Cesar QUINTERO Ambassador Extraordinary and Plenipotenti ary, Deputy Permanent Representative to the United Nations PERU Delegate Dr. Manuel Félix MAURTUA Minister Counsellor,, Alternate Representative to the United Nations SPAIN Delegates Sr. Don Jaime de PINIES Deputy Permanent Representative to the United United Nations Chargé d'Affai res, a.i. Sr. Don José Luis PEREZ RUIZ Second Secretary of Embassy SWEDEN Delegate Mr. O.D.O. HELKBERG First Secretary to the Ministry of Justice Expert Mr. C.S.H. LIDGARD Secretary of the Ministry for Foreign Affairs A/CGHF.9/13 English Page 6 SWITZERLAND Head of Delegation Mr. Antoine FAVRE Juge federal Delegates Mr. Jean MEYER Sous-Directeur de la Division fédérale de Police Chef du Service de la nationalité de cette division Mr. Olivier EXCHAQUET Premier Secrétaire au Bureau de X1 Observateur Permanent auprès das $fatioîî$ Unies TURKEY Delegate Mr. le Professeur ILHAN-LUTEM Conseiller juridique auprès de la Délégation aux Nations Unies UNITED ARAB REPUBLIC UNITED KINGDOM Delegates Mr. J.M. ROSS Assistant Secretary, Home Office Mr. P. HARVEY Senior Legal Assistant, Home Office UNITED STATES Delegate Raymund T. YINGLING Assistant Legal Adviser for Special Functional Problems Department of State Advisers Seymour M. FINGER Senior Adviserf Economic and Social Affairsf United States Mission to the United Nations Hugh SMYTHE, Ph. D. Adviser, Economic and Social Affairs Permanent Mission to the United Nations /• A/CONF.9/13 English Page 7 YUGOSLAVIA Delegates Mr. Sreten ILIC Counsellor, Permanent Mission to the United Nations Mr. Svetolik JOVANOVIC Counsellor in the State Secretariat for Interior Affairs OBSERVERS Mr. Kaarlo YRJO-KOSKIKEN FINLAND Attache, Permanent Mission to the United Mations Mr. John RETALIS GREECE Secretary of Embassy, Permanent Mission to the United Nations Mr. Ismat KITTANI IRAQ First Secretary, Permanent Mission to the United Nations OFFICE OF THE HIGH COMMISSIONER Dr. Paul WEIS FOR REFUGEES Chef de la Division juridique du Haut Commissariat SECRETARIAL Extension Mr. C.A. Stavropoulos 2301 The Legal Counsel Representative of the Secretary-General Dr. Yuen-li Liang 2hl6 Director, Codification Division, Executive Secretary Mr. G. Sandberg 21+15 Deputy Director, Codification Division UNITED NATIONS Distr. GENERAL Iffifil ASSEMBLY ^JjJSf ^ August 1961 ENGLISH ONLY UNITED HATIONS CONFERENCE ON TEE ELIMimTION OR REDUCTION OF FUTURE SS&TELESSRIESS Correction to Provisional List of Representatives, Observers and Secretariat On page 7 of A/CONF*9/l3 under the title of Secretariat the list should read as follows: Room Extension Mr. C.A. Stavropoulos 3^270 2301 The Legal Counsel, Representative of the Secretary-General Dr, Yuen-li Liang 3*K)1B 2kl6 Director^ Codification Division, Executive Secretary Mr, G. Sandberg 3kOk Deputy Director, Codification Division 61-20158 ft - * UNITED NATIONS Distr. GENERAL GENERAL A/CONF.9/l3/Rev.l ASSEMBLY 25 August I96I ENGLISH ONLY UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS List of Representatives, Observers and Secretariat ARGENTINA Delegate Dr. Mario AMADEO Ambassador Extraordinary and Plenipotentiary, Permanent Representative to the United Nations Alternates Dr. Enrique ROS Second Secretary of Embassy Permanent Mission to the United Nations Dr» Juan Carlos Ferreira AUSTRIA Delegate Dr. Franz WEIDINGER Counsellor, Permanent Mission to the United Nations BELGIUM Delegates M. Jean DARON Conseiller adjoint au Ministère des Affaires Etrangères M. Eric EAL Attache à la Mission Permanente auprès des Nations Unies M. Stany JANSSENS Secretaire d'Administration au Ministère de la Justice 61-2072U fe*. A/COÏ?F.9/13/Rev*l English Page 2 BRAZIL Delegates Mr. Gilberto AMADO Ambassador Extraordinary and Plenipotentiary, Chairman of the Delegation Mr, Geraldo de CARVALHO SILOS Minister Plenipotentiary Acting Permanent Representative of Brazil to the United Nations Adviser Mr. Paulo NCGUEIRA BATISTA. Second Secretary of Embassy Permanent Mission to the United Nations CANADA Delegate Mr. R.H. JAY Department of External Affairs Ottawa Alternate Mr. Jean BOUCHEPv Director of Citizenship Citizenship Branch, Department of Citizenship and Immigration, Ottawa Adviser Mr. W.M. HAUGAN Registrar of Citizenship Citizenship Registration Branch Department of Citizenship and Immigration, Ottawa CEYLON Delegates Professor Gunapala Piyasena MALALASEKERA, O.B.E. Ambassador Extraordinary and Plenipotentiary, Permanent Representative to the United Nations Mr. H.0, IJIJEGOONAWARDENA Counsellor, Permanent Mission to the United Nations CHINA Delegate Mr. Pao-yi TSAO Technical Counsellor, Permanent Mission to the United Nations A/COW. English Page 3 DENMARK Delegate Mr. Aage HESSELLUND-JENSEN Ambassador Extraordinary and Plenipotentiary, Permanent Representative to the United Nations Alternates Mr. William F. Me ILQUHAM-SCHMIDT Counsellor of Embassy, Deputy Permanent Representative to the United Nations Mr. Per GREEN Attaché, Permanent Mission to the United Nations DOMINICAN REPUBLIC Delegates Senora Minerva BERNARDINO CAPPA Ambassador Extraordinary and Plenipotentiary, Alternate Representative to the United Nations Dr. Rafael Emilio HERRERA-CABRAL Ambassador Extraordinary and Plenipotentiary, Alternate Representative to the United Nations FINLAND Delegate Mr. Kaarlo YRJQ-KOSKINEN Attaché, Permanent Mission to the United Nations FRANCE Delegates M. Lucien HUBERT Conseiller juridique du Ministère des Affaires Etrangères M. André GERAUD Magistrat, Chef du Bureau du contentieux de la nationalité au Ministère de la Justice A/CONF.9/13/Rev.l English Page k GERMANY (Federal Republic of) Delegates Dr. Harald HBIMSOETH First Secretary, Office of the Permanent Observer to the United Nations Mrs. Erna DLUGOSCH Counsellor, Ministry of the Interior, Bonn Dr. Heinrich POIffilS Second Secretary, Ministry of Foreign Affairs HOLY SEE Delegate Révérend Père Henri de RIEDMATIEN INDONESIA Head of Delegation Mr. Sukardjo WIRJOERANOTO Ambassador Extraordinary and Plenipotentiary, Permanent Representative to the United Nations Delegates Mr. Suffri JUSUF Senior Official of the Department of Foreign Affairs Mr. Ignatius CHRISÏIADI Mangkuseputro Third Secretary of Embassy, Permanent Mission to the United Nations ISRAEL Head of Delegation Mr. Michael S. COMAY Ambassador Extraordinary and Plenipotentiary, Permanent Representative to the United Nations Alternate Head of Delegation Mr. Meir S* SIVAN Director General Ministry of the Interior Delegate Mr. Theodor MERON Principal Assistant to the Legal Adviser Ministry for Foreign Affairs English Page 5 ITALY Delegates M. Ugo CALDARERA Conseiller de Cour d'Appel M. Giovanni SCOLAMIERO Expert de la Mission Permanente auprès des Nations Unies JAPAN Delegate Mr. Bunshichi HOSHI Counsellor, Permanent Mission to the United Nations Alternate Mr. Koichi MIZUTA Attorney, Civil Affairs Bureau Ministry of Justice, Tokyo Adviser Mr. Chiyuki HIRAOKA Secretary, International Conventions Sections, Treaties Bureau, Ministry of Foreign Affairs, Tokyo NETHERLANDS Head of Delegation Professeur Willem RIPHAGEN Conseiller juridique au Ministère des Affaires Etrangères Delegates Jonkheer Th.K.M.J. van SASSE va.n YSSEHP Chef de la division du droit prive au Ministère de la Justice Mademoiselle J.D. PELT Premier Secrétaire à la Mission permanente auprès des Nations Unies NORWAY Delegate Mr. Andreas IRGENS Director of Department, Royal Norwegian Ministry of Justice PAKISTAN Delegate Sir Chaudhri Muhammad ZAFRULIA KHAN Ambassador Extraordinary and Plenipotentiary, Permanent Representative to the United Nations Alternate Mr. Basil W. WALKE Second Secretary, Permanent Mission to the United Nations English Page 6 PMMA Delegate Dr. Cesar QUINTERO Ambassador Extraordinary and Plenipotentiary, Deputy Permanent Representative to the United Nations Alternate Mr. Eduardo MORGAN, Jr. PERU Delegate Dr. Manuel Félix MURTUA Minister Counsellor, Alternate Representative to the United Nations SPAIN Lelegate Sr. Don Jaime de PINIES Deputy Permanent Representative to the United Nations Chargé dfAffai re s, a.i. Adviser Sr. Don José Luis PEREZ RUIZ Second Secretary of Embassy SWEDEN Delegate Mr. 011e A.O. HELLBERG First Secretary to the Ministry of Justice,, Assistant at the Supreme Administrative Court Mr. C.S.H. KEEGARD Secretary of the Ministry for Foreign Affairs SWITZERLAND Head of Delegation M. Antoine FAVRE Juge fédéral Delegates M. Jean MEYER Sous-Directeur de la Division fédérale de Police, Chef du Service de la nationalité de cette division M. Olivier EXCHAQUET Premier Secrétaire au Bureau de 1TObservateur Permanente auprès des Nations Unies A/CQNF.9/13/Rev.l English Page T TURKEY Delegate M. le Professeur IULAN-LUTEM Conseiller juridique auprès de la Délégation aux Nations Unies UNITED AMB REPUBLIC Delegates Mr. Ibrahim C-ad EL HAK SOWEILEM General Director of Passports Administration, Cairo Dr. Ali Samir SAFWAT First Secretary, Ministry of Foreign Affairs, Cairo Dr. Abdel Hainid KHAMIS First Secretary, Permanent Mission to the United Nations UNITED ICBTGDOM Delegates Mr. J.M. ROSS Assistant Secretary, Home Office Mr. P. HARVEY, Legal Assistant, Home Office Miss J.A.C. GUTTERIDGS Legal Adf&ser to the Permanent Mission to the United Nations UMIÏED STATES Delegate Raymund T. YINGLÏNG Assistant Legal Adviser for Special Functional Problems Department of State Advisers Seymour M. FINGER Senior Adviser, Economic and Social Affairs, United States Mission to the United Nations Hugh SMYTHE, Ph. D. Adviser, Economic and Social A£fairs Permanent Mission to the United Nations English Page 8 YUGOSIAVIA Delegates Mr. Sreten ILIC Counsellor, Permanent Mission to the United Nations Mr. Svetolik JOVANOVIC Counsellor in the State Secretariat for Interior Affairs OBSERVERS GREECE Mr. John RETALIS Secretary of Embassy, Permanent Mission to the United Nations IRAQ Mr. Isnat KITTANI First Secretary, Permanent Mission to the United Nations LEAGUE OF ARAB STATES Mr. Mohammed Kamil Abdul RAHIM Permanent Observer of the League of Arab States Dr. Omar Z. GHOBASHY Chief, United Nations Section League of Arab States Office OFFICE OF THE HIGH COMMISSIONER Dr. Paul WEIS FOR REFUGEES Chef de la Division juridj que du Haut Commissariat SECRETARIAT Room Extension Mr. C.A, Stavropoulos 2301 The Legal Counsel Representative of the Secretary-General Dr. Yuen-li Liang Director, Codification Division, Executive Secretary Mr. G. Sandberg Deputy Director, Codification Division # A/CONF.9/l3/Rev.I English Page 9 Organizations CONSULTATIVE COUNCIL OP JEWISH Moses Moskowitz ORGANIZATIONS Sidney Liskofsky CO-ORDINATING BOARD OP JEWISH William Korey ORGANIZATIONS PAX ROMANA Dr. Wsevolod Isajiv WORLD ALLIANCE OF YOUNG MEN'S Dalton F. McClelland CHRISTIAN ASSOCIATION WORLD UNION OF CATHOLIC WOMEN Catherine Schaefer ORGANIZATIONS WORLD JEWISH CONGRESS Henry H. Grossman THE INTERNATIONAL CATHOLIC MIGRATION James J. Norris COMMISSION Alphonsus A. Dietsche UNITED NATIONS Distr. GENERAL GE /9/ 29 August 1961 ASS ENGLISH ORIGINAL: ENGLISH/ SPANISH/FRENCH UNITED NATIONS CONFERENCE ON THE EUMNATION OR REDUCTION OF FUTURE STATELESSNESS FINAL ACT of the UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF POTURE STATELESSNESS 1, The General Assembly of the Ifoited Nations, by resolution 896 (IX) of h December 195^ expressed its desire that an international conference of plenipotentiaries be convened to conclude a convention for the reduction or elimination of future statelessness as soon as at least twenty States had communicated to the Secretary-General their willingness to co-operate in such a conference. The Secretary-General was requested to fix the exact time and place for the conference when that condition had been met. The General Assembly noted that the International Law Commission had submitted to it drafts of a Convention on the Elimination of Future Statelessness and a Convention on the Reduction of Future Statelessness in the Report of the International Law Commission covering its sixth session in 195*+. The General Assembly requested the Governments of States invited to participate in the conference to give early consideration to the merits of a multilateral convention on the élimination or reduction of future statelessness. 2» Upon the fulfilment of the condition envisaged in the resolution of the General Assembly, the Secretary-General convened a Waited Nations Conference on the Elimination or Reduction of Future Statelessness at the European Office of the United Nations at Geneva on 2k March 1959* The Conference met at the European Office of the United Nations from 2k March to 18 April 1959. *• At the time of its adjournment on 18 April 1959 the Conference adopted the following resolution: 61-20837 A/com é English Page 2 "The Conference, "Being unable to terminate the work entrusted to it -within the time provided for its "work, "Proposes to the competent organ of the United Nations to reconvene the Conference at the earliest possible time in order to continue and complete its work", k. In pursuance of this resolution, the Secretary-General of the United Nations, after ascertaining the views of the participating States, decided that the Conference should "be reconvened at the United Nations Headquarters in New York on 15 August 196I. The Conference met at the United Nations Headquarters from 15 to 28 August I96L 5* At the first part of the Conference the Governments of the following thirty- five States were represented: Argentina, Austria,, Belgium, Brazil, Canada, Ceylon, Chile, China, Denmark, Dominican Republic, Federal Republic of Germany, France, Holy See, India, Indonesia, Iraq, Israel, Italy, Japan, Liechtenstein, Luxembourg, Netherlands, Norway, Pakistan, Panama, Peru, Portugal, Spain, Sweden, Switzerland, Turkey, United Arab Republic, the United Kingdom of Great Britain and Northern Ireland, the United States, Yugoslavia* 6» The Governments of the following States were represented by observers: Finland, Greece. 7» At the second part of the Conference the Governments of the following thirty States were represented: Argentina, Austria, Belgium, Brazil, Canada, Ceylon, China, Denmark, Dominican Republic, Federal Republic of Germany, Finland, France, Holy See, Indonesia, Israel, Italy, Japan, Netherlands, Norway, Pakistan, Panama, Peru, Spain, Sweden, Switzerland, Turkey, United Arab Republic, the United Kingdom of Great Britain and Northern Ireland, the United States, Yugoslavia, 8, The Governments of the following States were represented by observers: Greece, Iraq.. 9, At the first part of the Conference the following inter-governmental organizations were represented by observers: Council of Europe Intergovernmental Committee for European Migration International Institute for the Unification of Private Law League of Arab States 10, At the second part of the Conference the following inter-governmental organization was represented by an observer: League of Arab States / #a English Page 3 11» At "both parts of the Conference the Office of the United Nations High Commissioner for Refugees was represented "by an observer. 12. At the first part of the Conference Mr. Knud Larsen (Denmark) vas elected as President and Mr. Ichiro Kawasaki (japan) and Mr. Humberto Calamari (Panama) as Vice-Presidents. 13. At the second part of the Conference- none of these Officers of the Conference was present. The Conference accordingly elected Mr. Willem Riphagen (Netherlands) as President and Mr. Gilberto Amada (Brazil) and Mr. G.P. Malalasekera (Ceylon) as Vice-Presidents. lk. At the first part of the Conference the following Committees wette set up: Committee of the Whole Chairman.: The President of the first part of the Conference Vice-Chairmen: The Vice-Presidents of the first part of the Conference Drafting Committee- Members: Representatives of the following States: Argentina, Belgium, France, Israel, Panama, the United Kingdom of Great Britain and Northern Ireland Chairman (first part of the Conference): Mr. Humberto Calamari (Panama) (second part of the Conference): Mr. Enrique Ros (Argentina) 15. At the second part of the Conference the Committee of the Whole did not meet. 16. At both parts of the Conference the President and Vice-Presidents., in accordance with rule 3 of the Rules of Procedure, examined the credentials of representatives and reported thereon to the Conference. 17. At the second part of the Conference a Working" Group was set up, consisting of the President, who acted as Chairman, and representatives of Brazil, Canada, Prance, Israel,. Norway, Switzerland, Turkey and the United Kingdom of Great Britain and Northern Ireland, and of representatives of other States who desired to participate. Mr. Peter Harvey (United Kingdom of Great Britain and Northern Ireland) acted as Rapporteur of the Working Group. 18 • At the first part of the Conference the Secretary-General of the United Nations was represented by Mr. Yuen-li Liang, Director of the Codification Division of the Office of Legal Affairs of the United Nations, who was also appointed Executive Secretary. English Page k 19. At the second part of the Conference the Secretary-General of the United Nations was represented by Mr. C.A. Stavropoulos, the Legal Counsel. Mr. Yuen-li Liang acted as Executive Secretary. 20. At the first part of the Conference it was decided that the Conference would take as the basis for its work the draft Convention on the Reduction of Future Statelessness, prepared by the International Law Commission. The first part of the Conference also had before it observations submitted by Governments on that draft Convention, a Memorandum with a Draft Convention on the Reduction of Statelessness submitted by Denmark, and preparatory documentation prepared by the Secretariat of the United Nations. 21. The second part of the Conference had before it, in addition to the documentation referred to above, observations submitted by Governments on deprivation of nationality, observations submitted by the Office of the United Nations High Commissioner for Refugees, and further documentation prepared by the Secretariat of the United Nations. 22. On the basis of the deliberations, as recorded in the records of the Committee of the Whole and of the plenary meetings, the Conference prepared a Convention on the Reduction of Statelessness. The Convention, which is subject to ratification, was adopted by the Conference on 28 August 1961, and opened for signature from 30 August 1961 until 31 May 1962 at the United Nations Headquarters in New York. This Convention was also opened for accession and will be deposited in the archives of the United Nations. 23. In addition the Conference adopted the four resolutions which are annexed to this Final Act. IN WITNESS THEREOF the representatives have signed this Final Act. DONE AT NEW YORK this thirtieth day of August, one thousand nine hundred and sixty-one, in a single copy of which the Chinese, English, French, Russian and Spanish texts are equally authentic and which shall be deposited in the archives of the United Nations, and certified copies of which shall be delivered by the Secretary-General of the United Nations to all Members of the United Nations and all non-member States invited to the Conference. UNI T ED N A T Distr. GENERAL GE N El*A L A/CORF.9/lk/Md.l 29 August 1961 S EAAB L Y ENGLISH AS ORIGINAL: ENGLISH/FREICÏÏ/ SPANISH UNITED NATIONS CONFERENCE ON TEE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS RESOLUTIONS I The Conference Recommends that persons who are stateless de facto should as far as possible be treated as stateless de jure to enable them to acquire an effective nationality. II The Conference Resolves that for the purposes of paragraph k of Article 7 of the Convention the term "naturalized person" shall be interpreted as referring only to a person who has acquired nationality upon an application which the Contracting State concerned may in its discretion refuse. Ill The Conference Recommends Contracting States making the retention of nationality by their nationals abroad subject to a declaration or registration to take all possible steps to ensure that such persons are informed in time of the formalities and time-limits to be observed if they are to retain their nationality. IV The Conference Resolves that for the purposes of the Convention the term "convicted" shall "convicted by a final judgement of a court of competent jurisdiction". UNITED NATIONS Distr. GENERAL GENERAL A/COOT.9/15 29 Aurust I96I SPANISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION 0? FUTCIŒ STATE CONVENTION ON' THE REDUCTION 07 STAT3LESSHÏÏSS The Contracting States, Acting in pursuance of resolution 896 (IX), adopted'by the General Assembly of the United Nations on h December 195^-> Considering it desirable to reduce statelessness by international agreement, Have agreed as follows : Article I 1. A Contracting State shall grant its nationality to a person born in its territory who would otherwise be stateless. Such nationality shall be granted: (a) at birth, by operation of law, or (b) upon an application being lodged with the appropriate authority, by or on behalf of the person concerned, in the manner prescribed by the national law. Subject to the provisions of paragraph 2 of this Article, no such application may be rejected. A Contracting State which provides for the grant of its nationality in accordance vith sub-paragraph (b) of this paragraph may also provide for the grant of its nationality by operation of law at such age and subject to such conditions as may "be prescribed by the national law. £• A Contracting State may make the grant of its nationality in accordance with sub-paragraph (b) of paragraph 1 of this Article subject to one or more of the following conditions : (a) that the application is lodged during a period, fixed by the Contracting State, beginning not later than at the age of eighteen years and ending not (11 p.) English Page 2 earlier than at the age of twenty-one years, so, however, that the perscn concerned shall be allowed at least one year during which he may himser? make the application without having to obtain legal authorization to do so; (b) that the person concerned has habitually resided in the territory of the Contracting State for such period as may be fixed by that State, not exceeding five years immediately preceding the lodging of the application nor ten years in all; (c) that the person concerned has neither been convicted of an offence against national security nor has been sentenced to imprisonment for a term of five years or more on a criminal charge; (d) that the person concerned has always been stateless. 3. Notwithstanding the provisions of paragraphs 1 (b) and 2 of this Article, a child born in wedlock in the territory of a Contracting State, whose mother has the nationality of that State, shall acquire at birth tliat nationality if it otherwise would be stateless. h. A Contracting State shall grant its nationality to a person who would otherwise be stateless and who is unable to acquire the nationality of the Contracting State in whose territory he was born because he has passed the age for lodging his application or has not fulfilled the required residence conditions, if the nationality of one of his parents at the time of the person1 s birth was that of the Contracting State first above mentioned. If his parents did not possess the same nationality at the time of Ms birth, the question whether the nationality of the person concerned should follow that of the father or that of the mother shall be determined by the national law of such Contracting State. If application for such nationality is required, the application shall be made to the appropriate authority by or on behalf of the applicant in the manner prescribed by the national law. Subject to the provisions of paragraph 5 of this Article, such application shall not be refused. 5« The Contracting State may make the grant of its nationality in accordance with the provisions of paragraph h of this Article subject to one or more of the following conditions: (a) that the application is lodged before the applicant reaches an age, being not less than twenty-three years, fixed by the Contracting State; English Page 3 (b) that the person concerned has habitually resided in the territory of the Contracting State for such period immediately preceding the lodging of the supplication, not exceeding three years, as may "be fixed "by tnat S taie; (c) that the person concerned has always been stateless. Article 2 A foundling found in the territory of a Contracting State shall, in the absence of proof to the contrary, be considered to have been born within that territory of parents possessing the nationality of that State. Article 3 For the purpose of determining the obligations of Contracting States under this Convention, birth on a ship or in an aircraft shall be deemed to have taken place in the territory of the State whose flag the ship flies or in the territory of the State in which the aircraft is registered, as the case may be. Article k 1. A Contracting State shall grant its nationality to a person, not born in the territory of a Contracting State, who would otherwise be stateless} if the nationality of one of his parents at the time of the person's birth was that of that State. If his parents did not possess the same nationality at the time of his birth, the question whether the nationality of the person concerned should follow that of the father or that of the mother shall be determined by the national law of such Contracting State. Nationality granted in accordance with the provisions of this paragraph shall be granted: (a) at birth, by ope?_*ation of law, or (b) upon an application being lodged with the appropriate authority, by or on behalf of the person concerned, in the manner prescribed by the national law. Subject to the provisions of paragraph 2 of this Article, no such- application may be rejected. 2« A Contracting State may make the grant of its nationality in accordance with the provisions of paragraph 1 of this Article subject to one or more of the following conditions: English Page k (a) that the application is lodged before the applicant reaches an age, "being not less than twenty-three years, fixed "by the Contracting State; ("b) that the person concerned has habitually resided in the territory of the Contracting State for such period immediately preceding the lodging of the application,, not exceeding three years, as may be fixed "by that State; (c) that the person concerned has not been convicted of an offence against national security; (d) that the person concerned has always been stateless. Article 5 1. If the law of a Contracting State entails loss of nationality as a consequence of any change in the personal status of a person such as marriage, termination of marriage, legitimation, recognition or adoption, such loss shall be conditional upon possession or acquisition of another nationality. 2. If, under the law of a Contracting State, a child born out of wedlock loses the nationality of that State in consequence of a recognition of affiliation, he shall be given an opportunity to recover that nationality by written application to the appropriate authority^ and the conditions governing such application shall not be more rigorous than those laid down in paragraph 2 of Article 1 of this Convention. Article 6 If the law of a Contracting State provides for loss of its nationality by a person's spouse or children as a consequence of that person losing or being deprived of that nationality, such loss shall be conditional upon their possession or acquisition of another nationality. Article 7 1. (a) If the law of a Contracting State permits renunciation of nationality, such renunciation shall not result in loss of nationality unless the person concerned possesses or acquires another nationality. English Page 5 (b) The provisions of sub -paragraph (a) of this paragraph shall not apply- where their application would "be inconsistent with the principles stated in Articles 13 and 1^ of the Universal Declaration of Human Rights approved on 10 December 19^8 by the General Assembly of the United Nations. 2. A national of a Contracting State who seeks naturalization in a foreign country shall not lose his nationality unless he acquires or has been accoïded assurance of acquiring the nationality of that foreign country. p. Subject to the provisions of paragraphs h and 5 of this Article, a nation of a Contracting State shall not lose his nationality, so as to become statelet- on the ground of departure, residence abroad, failure to register or on any similar ground. k. A naturalized person may lose his nationality on account of residence abroad for a period, not less than seven consecutive years, specified by the law of the Contracting State concerned if he fails to declare to the appropriate authority his intention to retain his nationality. 5. In the case of a national of a Contracting State, born outside its territory, the law of that State may malce the retention of its nationality after the erpiry of one year from his attaining his majority conditional upon residence at that time in the territory of the State or registration with the appropriate authority. 6. Except in the circumstances mentioned in this Article, a person shall not lose the nationality of a Contracting State, if such loss would render him stateless, notwithstanding that such lo.ss is not expressly prohibited by any other provision of this Convention. Article 8 !• A Contracting State shall not deprive a person of its nationality if such deprivation would render him stateless. 2. Notwithstanding the provisions of paragraph 1 of this Article, a person may "be deprived of the nationality of a Contracting State: (a) in the circumstances in which, under paragraphs k and 5 of Article 7, it is permissible that a person should lose his nationality; (b) wliere the nationality has been obtained by misrepresentation or fraud. English Page 6 3, Notwithstanding the provisions of paragraph 1 of this Article, a Contracting State may retain the right to deprive a person of his nationality, if at the time of signature, ratification or accession it specifies its retention of such right on one or more of the following grounds, "being grounds existing in its national law at that time: (a) that, inconsistently with his duty of loyalty to the Contracting State, •tlie person (i) has, in disregard of an esqpress prohibition by the Contracting State rendered or continued to render services to, or received or continued to receive emoluments from, another State, or (ii) has conducted himself in a manner seriously prejudicial to the vital interests of the State; (b) that the person has taken an oath, or made a formal declaration, of allegiance to another State, or given definite evidence of his determination to repudiate his allegiance to the Contracting State. h* A Contracting State shall not exercise a power of deprivation permitted by paragraphs 2 or 3 of this Article e:-:cept in accordance with law, which shall provide for the person concerned the right to a fair hearing by a court or other independent body. Article 9 A Contracting State may not deprive any person or group of persons of their nationality on racial, ethnic, religious or political grounds. Article 10 1. Every treaty between Contracting States providing for the transfer of territory shall include provisions designed to secure that no person shall become stateless as a result of the transfer. A Contracting State shall use its best endeavours to secure that any such treaty made by it with a State which is not a party to this Convention includes such provisions. 2. In the absence of such provisions a Contracting State to which territory is transferred or which otherwise acquires territory shall confer its nationality English Page 7 on such persons as would otherwise "become stateless as a result of the t ransfer or acquisition. Article 11 The Contracting States shall promote the establishment within the framework of the United Nations, as soon as may "be after the deposit of the sixth, instrument of ratification or accession, of a body to which a person claiming the benefit of this Convention may apply for the examination of his claim and for assistance in presenting it to the appropriate authority. Article 12 1. In relation to a Contracting State which does not, in accordance with the provisions of paragraph 1 of Article 1 or of Article k of this Convention, grant its nationality at birth by operation of law, the provisions of paragraph 1 of Article 1 or of Article 4, as the case may be, shall apply to persons born before as well as to persons born after the entry into force of this Convention- 2. The provisions of paragraph k of Article 1 of this Convention shall apply- to persons born before as well as to persons born after its entry into force. 3. The provisions of Article 2 of this Convention shall apply only to foundlings found in the territory of a Contracting State after the entry .into force of the Convention for that State. Article 15 This Convention shall not be construed as affecting any provisions more conducive to the reduction of statelessness which may be contained in the law of any Contracting State now or hereafter in force, or may be contained in any other convention, treaty or agreement now or hereafter in force between two or more Contracting States. Article ik Any dispute between Contracting States concerning the interpretation or application of this Convention which cannot be settled by other means shall be English Page 8 submitted to the International Court of Justice at the request of any one of the parties to the dispute. Article 15 1. Tnis Convention shall apply to all non-self-governing, trust, colonial and other non-metropolitan territories for the international relations of which any Contracting State is responsiblej the Contracting State concerned sha3-l, subject •i-uo the provisions of paragraph 2 of this Article., at the time of signature, ratification or accession, declare the non-metropolitan territory or territories to which the Convention shall apply ipso facto as a result of such signature, ratification or accession. 2. In any case in which, for the purpose of nationality, a non-metropolitan territory is not treated as one with the metropolitan territory, or in any case in which the previous consent of a non-metropolitan territory is required by the constitutional laws or practices of the Contracting State or of the non-metropolitan territory for the application of the Convention to that territory, that Contracting State shall endeavour to secure the needed consent of the non-metropolitan territory within the period of twelve months from the date of signature of the Convention by that Contracting State, and when such consent has been obtained the Contracting State shall notify the Secretary-General of the United Nations. This Convention shall apply to the territory or territories named in such notification from the date of its receipt by the Secretary-General. 5» After the expiry of the twelve-month period mentioned, in paragraph 2 of this Article, the Contracting States concerned shall inform the Secretary-General of the results of the consultations with those non-metropolitan territories for whose international relations they are responsible and whose consent to the application of this Convention may have been withheld. English Page 9 Article 16 1. This Convention shall "be open for signature at the Headquarters of the United Nations from 30 August 1961 to 31 May 1962. 2. This Convention shall "be open for signature on behalf of: (a) any State Member of the United Nations; (b) any other State invited to attend the United Nations Conference on the Elimination or Réduction of Future Statelessness; (c) any State to which an invitation to sign or to accede may "be addressed by the General Assembly of the United Nations, 3. This Convention shall "be ratified and the instruments of ratification shall "be deposited with the Secretary-General of the United Nations. k. This Convention shall be open for accession by the States referred to in paragraph 2 of this Article. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. Article 17 1. At the time of signature, ratification or accession any State may make a reservation in respect of Articles 11, ik or 15. 2. No other reservations to this Convention shall be admissible. Article 18 1- This Convention shall enter into force two years after the date of the deposit of the sixth instrument of ratification or accession. 2. For each State ratifying or acceding to this Convention after the deposit of the sixth instrument of ratification or accession., it shall enter into force on the ninetieth day after the deposit by such State of its instrument of ratification or accession or on the date on which this Convention enters into force in accordanc with the provisions of paragraph 1 of this Article, whichever is the later. English Page 10 Article 19 1# Any Contracting State may denounce this Convention at any time "by a "written notification addressed to the Secretary-General of the United Nations. Such denunciation shall take effect for the Contracting State concerned one year after t^e date of its receipt by the Secretary-General. 2# Ta cases where, in accordance with the provisions of Article 15, this Convention has "become applicable to a non-metropolitan territory of a Contracting State, th t State may at any time thereafter, with the consent of the territory concerned, give notice to the Secretary-General of the United Nations denouncing this Convention separately in respect of that territory. The denunciation shall take effect one year after the date of the receipt of such notice by the Secretary-General, who shall notify all other Contracting States of such notice and the date or receipt thereof. Article 20 1. The Secretary-General of the United Nations shall notify all Members of the United Nations and the non-member States referred to in Article 16 of the following particulars: (a) signatures, ratifications and accessions under Article 16; (b) reservations under Article 17j (c) the date upon which this Convention enters into force in pursuance of Article 18; (d) denunciations under Article 19. 2. The Secretary-General of the United Nations shall, after the deposit of the sixth instrument of ratification or accession at the latest, bring to the attention of the General Assembly the question of the establishment, in accordance with Article 11, of such a body as therein mentioned. Article 21 This Convention shall be registered by the Secretary-General of the United Nations on the date of its entry into force. English Page 11 m WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Convention DONE at New York, this thirtieth day of August, one thousand nine hundred and sixty-one, in a single copy, of which the Chinese, English, French, Russian and Spanish texts are equally authentic and -which shall be deposited in the archives of the United Nations, and certified copies of which shall "be delivered by the Secretary-General of the United Nations to all Members of the United Nations and to the non-member States referred to in Article l6 of this Convention. NATIONS Distr. GENERAL GENERAL A/COMB1.9/Inf.l ASSEMBLY 20 March, 1959 ORIGINAL: 33NGLISH UNITED NATIONS CûMïJRJÎiNCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS 24 March - 17 April 1959 INFORMATION FOR DELEGATIONS Table of Contents Paragraphs Opening Meeting 1 Timetable of meetings 2 Access to the Palais 3 Delegates' Lounge 4 List of Delegates 5 Office of the Chairman „ ...... 6 Secretariat ,...,« 7 Registrati on o 8 Distributi on of Documents „ 9 Submi ssi on of Documents s ».., » 10 Facilities for Observers from Non-Governmental Organizations ...... 11 Public Information * 12 Appendix I Miscellaneous Information Appendix II List of Permanent Delegations Appendix: III Plan of the Palais des Nations P.) À/CCNÏ.9/Inf. page 2 1. Opening Meeting The opening of the Conference will take place on Tuesday, 24 March, 1959, at 3.0 p.m. in the Assembly Hall, 2. Timetable of meetings After the official opening of the Conference, all subsequent meetings will be held in Conference Room VII. A daily timetable of meetings will be posted at Doors 2, 6 and 14-, 3. Access to the Palais As all meetings will be held in the Assembly Building, delegations will find it most convenient to enter the building by Door 14. 4. Dele gat e s' Loung e Room VI, which is situated on the Third Floor of the Assembly Building near Conference Room VII, is at the disposal of participants. 5. List of delegates A list of delegates will be issued as a separate document. 6. Office of the Chairman The office of the Chairman (A.302 - extension 2198) is on the Third Floor of the Assembly Building and is adjacent to Conference Room VII, 7. Secretariat Secretariat offices are situated on the Third Floor of the Council Building. A list of the Secretariat, giving office and telephone numbers, will be issued as a separate document. 8. Regi strati on Registration will take place from 10,0 a.m. on 24 March and delegations are asked to present their credentials in Room C.314, 9. Distribution of Documents Documents will be distributed in pigeon holes in the lobby to Conference Room III close to the Distribution Section on the First Floor (entrance by Door No.6) , Delegates are requested to inform the Distribution Section, extension 2612, as early as possible of the number of copies of documents required. Additional copies may be obtained from the Distribution Section and delegates are reminded that there will be no distribution of complete sets of documents at the end of the conference and full sets should be made up from the daily distribution. A/C(OT.9/Inf . page 3 10. Submission of Documents. Documents which representatives wish to have circulated to the Conference should be submitted in triplicate to the Secretariat* As far as possible documents should be handed in at least 24 hours (not counting Saturday- afternoons or Sundays) before the time for which circulation is desired, 11. Facilities for Observers from Non-Governmental Organizations Observers from non-governmental organizations are requested to apply for admission cards at Room 149 (extension 211 Appendix I KESOEUANSOUS INFORMATION 1, Travel arrangements and Hotel reservations United. Nations travel arrangements and hotel reservations are n«w handled by Thos. Cork & Son who have an office in the Palais des Nations (Rnom B-l, first floor, Secretariat building. Tel. 2850). 2, Passport and visa service Any question relating to passport formalities nr applications for visas should be addressed to Room 60, Ext. 2646. 3, Customs formalities Any question relating to Customs finalities should be addressed t-> Room 62, Ext. 2640. N.B. Any delegations receiving Swiss Customs documents for its cars or luggage should hand these documents bo the Customs official without fail on finally leaving Swiss territory. 4, Supply of duty-free Petrel In order to obtain duty-free petrol delegates should apply to the Purchase, Supply and Transport Division.(Room 56) for a declaration form. Cn receipt of the declaration form duly countersigned by the Head of the Delegation, the Division will issue a "carte de légitimation" (which is strictly personal) and a list of •fficial distributors. The "carte de légitimation" must be returned te Room 56 as soon as its validity has expired, 5, Local Transportation and Taxis A bus service operates between Place Cornavin and the Palais des Nations, cennecting \\tith other tram, trclley-bus and motor bus routes. Taxis can be obtained through the usher on duty at the nearest entrance door. 6" Traffic and Parking pf Vehicles (a) General: Ifot-rists are asked - to exercise care and drive very slowly within the United Nations grounds Qnd their immediate vicinity, When entering by the main gateway leading to the inner court vehicles should go "dead slew"; - to observe the traffic and parking regulations which are the same as those in force throughout Switzerland. MUN/200.58 Rev.l — 2 - - to follow the instructions on the traffic signs and those given by the attendants in charge of traffic and parking; - in the event of an accident to follow the attendants' instructions or, in their absence, the instructions of the official in charge at the Conciergerie, with regard to first aid arrangements and certain necessary formalities. (b) Parking Parking space No. 4 near Door 14 is reserved for delegates' cars. 7. Restaurant and Cafeteria facilities A restaurant is open on the 8th floor of the Assembly Building from 9 a.m. to 9 p.m. and until 2.30 p.m. on Saturdays. (Tel. 2784). Hot meals are served from 12 noon to 2.30 p.m. and from 7 to 8.30 p.m. Drinks, sandwiches and cold snacks are available at all other times. The restaurant is closed at week-ends. Arrangements for cocktail parties, special luncheon and dinner parties can be made by the restaurant. (Tel.2784). The Cafeteria on the ground floor of the Assembly Building is open to members of delegations, journalists etc., and officials from 9 a.m. to 2.30 p.m. (Tel.3500). The Bar (Tel. 2787) is on the ground floor of the Council Building and is open from 9 a.m. to 7.30 p.m. The Cafeteria and the Bar are closed on Saturdays. 8. Photographs Commercial photographers will be accredited and all requests for personal photographs should be made at the Photo Stand, put at the disposal of commercial photographers, which is located on the ground floor at Door 6. 9. Hire of typewriters Typewriters can be hired privately by delegations from agencies in the town, most of whom charge about Prs. 20 per typewriter per month. A list of these firms can be obtained from the Distribution Service. 10. Post, Telegraph and other facilities Telephone numbers of Palaia des Nations: 33.10.00, 33.20.00, 33.40.00. Full postal, telegraph and telephone facilities are available in the Palais des Nations. The Post Office installed by the Swiss Postal Authorities is on the ground floor of the Secretariat Building, Room 49, Ext. 2568. It is open during the following hours: Mondays - Fridays 8.00 a.m. - 12 noon 2.15 p»m. - 6.30 p.m. Saturdays 9.00 a.m. - 12 noon - 3 - The telegraph office is located on the ground .floor, Room 84, Ext. 2562. It is open during the following hours: Mondays - Saturdays 9 a.m. - 8 p.m. 11, Instructions on the use of the tele?phone in the Palais des Nations (a) How to telephone: - To obtain a number within the building, lift the receiver and dial the required number as soon as the dialling tone is heard. - To obtain a G-eneva, number, lift the receiver? wait for the first dialling tone and dial- 0. vhen the second tone is heard dial the required Geneva number. - To obtain an interurlmn or intemational number,- lift the receiver, wait for the first dialling tone and dial 1 to call the operator. (b) Official telephone calls Delegations should, as soon as possible after arrival, compile a list of persons entitled to charge official telejjhone calls to the delegation. This list should be sent to the Chief of Internal Division (Room 42), with a copy to the Finance Division (Boom 239). (c) Private telephone calls frivate interurban calls can be made during the day either from the Telegraph Office or from the .Post Office, both located on the ground floor of the Secretariat building, near staircase Wo. 5. Private international calls can be made during the day from the Telegraph Office &n.d when the latter is closed from the Conciergerie '^Door No, 2). 12. Bank The United Nations Branch of Lloyds and National Provincial Foreign Bank Ltd. is on the ground floor of the Secretariat building, Room 68, jàxt. 2811. It is open during the following hours: Mondays - Fridays 9 a.m. - noon 2.Û0 p£m, - 4.00 p.m. 13• United Nations postage stamps Special postage stamps issued for the United Nations by the Swiss Postal authorities and which may be used only for mail posted in the special boxes at •Door 6 and in the Visitors' Service, are obtainable in certain denominations at the desk in the Visitors' Service and at Naville's kiosk. Complete sets made up for Philatelic purposes may be obtained at a slightly extra cost from the Post Office in "the building and the Central Postal Offices in Geneve, and Berne. - 4 - Collectors may obtain sets of UN postage stamps issued by the United Nations Postal Administration, but which may be used for franking purposes only at UN Headquarters in New York, from the Visitors' Service and Naville's kiosk. 14. Library Applications for books and periodicals to be consulted in the Library should be made to the Loan and Reference Desk on the 1st floor of the Library VJing, Tel, 3094, The Library is open sit the following hours: Mondays - Fridays 8.45 a.m. - 12,30 p.m. 2.00 p.m. - 6*15 p.m. 15. First Aid Emergency first-aid is available in Room 028, Tel. Ext. 2807, in the basement of the Secretariat building. The services of a physician can be obtained if required. After normal working hours, call Conciergerie, Door No. 2, Ext. 2901, 2945, 2947i 16. Travel and Entertainment The"Association des Intérêts de Genève" has kindly agreed to provide any information required concerning local travel, entertainment, week-end resorts, sports, theatres etc. (Tel. Geneva 32.66.25). Mars 1959 March 1959 I - LISTE DES MISSIONS PERMANENTES DES ETATS MEMBRES DES NATIONS UNIES ACCREDITEES AUPRES DE L'OFFICE EUROPEEN DES NATIONS UNIES* I » LIST OF PERMANENT MISSIONS OF MEMBER STATES OF THE UNITED NATIONS ACCREDITED TO THE EUROPEAN OFFICE OF THE UNITED NATIONS* (Les informations de la colonne de droite sont celles fournies par les missions et les consulats intéressés) (The information contained in the right hand column has been supplied by the respective missions and consulates) ALBANIE (République populaire d1) Titre de la mission s Délégation permanente de la RP d'Albanie auprès de la Commission économique pour 1'Europe Représentant permanent s M. Llambi PECINI, Délégué permanent Adresse s c/o Légation de la République populaire d'Albanie, 131» rue de la Pompe, Paris XVI, France Téléphone i Klé 51-32 Paris (non confirmé) o) M. Dilaver PINDERI, chef adjoint de la délégation ARGENTINE (République) Titre de la mission Mision permanente de la Republica Argentina ante la Oficina Europea de las Naciones Unidas y Organismos Internacionales con sede en Ginebra Adresse t 3, rue Chantepoulet (3ème étage), Genève Téléphone s 32.56.55 Représentant permanent o) S.E. el Dr. Mario Raul PICO, Enviado Extraordinario y Ministro Plenipotenciario o) Marié - Married *) Toutes communications concernant les modifications à apporter à la liste des missions permanentes doivent être adressées par écrit (en double exemplaire) au Bureau du Chef des Services administratifs et financiers de l'Office européen au plus tard le 5 du mois dans lequel cette modification doit paraître. Ail information concerning amendments to the list of Permanent Missions must be sent in vrriting (in duplicata) to the Office of the Head. Administrative and Financial Services of the European Office not later than the 5th of the month in which the amendment is to appear. *W/lO/59/Rev.2 _ O ... ARGENTINE (République) (suite) Dr. Julio César CARASALES, Primer Secretario de Embajada, Miembro de la Mision o) Dr. Osvaldo Marcial BRANA, Segundo Secretario de Embajada, Miembro de la Mision o) Sr. Alberto CROCCO, Segundo Secretario de Embajada, Miembro de la Mision Sr. Alberto SCILINGO Agregado de Embajada Miembro de la Mi sion AUSTRALIA Title of Mission : Permanent Mission of Australia to the European Office of the United Nations Address s 41, quai Wilson (2nd floor), Geneva Telephone i 32.71.05 Permanent Representative o) Mr. L. J. Arnott, Permanent Representative of Australia to the European Office of the United Nations Address i Villa Pré-Feuillé, Collonge-Bellerive Telephone t 8.25.72 Members of Mission o) Mr. N.S. CURRIE, Second Secretary- Address s 8, quai Gustave Ador, Geneva Telephone i 36.36.28 Miss M. McPHERSON, Second Secretary- Address ? 11, rue de la Cité, Geneva AUTRICHE Titre de la mission s Mission permanente de l'Autriche auprès de 1]Office européen des Nations Unies Adresse : 3, rue Varembé, Genève Téléphone : 34.60.00 Représentant permanent ; M. Johannes WILLFORT, Conseiller de Légation Représentant permanent de l'Autriche auprès de l'Office européen des Nations Unies o) M. Erich M. SCHMID, Secrétaire de Légation, Représentant permanent adjoint, Adresse i 26, avenue Giuseppe Motta, Genève - 3 - BELGIQUE Titre de la mission s Délégation permanente de la Belgique auprès de l'Office européen des Nations Unies Adresse i Centre international, 1-3* rue Varembé, Genève Téléphone s 34.55.18, 34.57.83 Représentant permanent o) M. Jean ETIENNE, Ministre plénipotentiaire, Délégué permanent, Consul général de Belgique M. Francis de la BARRE d'ERQUELINNES, Secrétaire de Légation, Délégué permanent adjoint BRESIL Titre de la mission Délégation permanente du Brésil Adresse i 1, rue du Temple (4ème étage), Genève Téléphone s 32.18.05 Délégué permanent i S.E. M. Henrique de SOUZA-GOMES, Ambassadeur, Chef de la Délégation permanente du Brésil, Adresse : 8, chemin Frank-Thomas, Villa Richemond, Genève Téléphone s 35.32.66 Membres de la Délégation s o) M. Paulo Padilha VIDAL, Adresse : 25c, av. de Champel, Genève o) M. Jatyr de ALMEIDA RODRIGUES, Adresse i 9, rue Charles-Goorg, Genève Téléphone i 33.17.41 o) M. Ronald Leslie MORAES SMALL,^ Adresse i 3, rue Viollier, Genève Téléphone % 36.22.56 o) M. Antonio PATRIOTA, Adresse i 25A, av. de Miremont, Genève Téléphone i 35.19.36 Conseillers techniques s o) M. Joao NAVARRO DA COSTA, Adresse i 29, route de Malagnou, Genève Téléphone ; 36.33.46 o) Mme Marina MOSCOSO, Adresse s 7, rue du Vieux-Collège, Genève Téléphone i 25.04.24 M. Nelson ALVES DA F0NSECA, Adresse z 13c, av. de Champel^ Genève Téléphone i 36.56.98 BULGARIE Titre de la mission : Représentation permanente de la République populaire de Bulgarie auprès de l'Office européen des Nations Unies et des Organisa- tions internationales Adresse i 12, rue Crespin (4-ème étage), Genève Téléphone : 36.02.04 Représentant permanent o) M. Athanas BELINSKI Représentant permanent Adresse : 12, rue Crespin (4-ème étage) Genève Téléphone i 36.02.04. o) M. Todor Dimov STOÏANOV Membre de la Représentation Adresse : 15, rue du Nant, Genève Téléphone : 35.27.81 o) M. Véliko Entchev VELIKOV Membre de la Représentation CANADA Title of Mission i Canadian Permanent Mission to the European Office of the United Nations Titre de la mission 7, Mission permanente du Canada auprès de l'Office européen des Nations Unies Address ° Adresse ; Parc du Château Banquet 16, Genève Telephone : Téléphone s 32.19.85 Permanent Representative o) H.E. Mr. Max WERSHOF Représentant permanent Ambassador, Permanent Representative Ambassadeur, Représentant permanent Home address : Villa Beau-Soleil» chemin Adresse privée : do Beau-Soleil, Genève Telephone : 35#o6.19 Telephone : o) Mr. R. Harry JAY First Secretary, Premier Secrétaire Home address : 53, rte de Malagnou Adresse privée : Genève Telephone : ~,cn a, Telephonm'T ' i_ e : ^3D»50.86 - 5 - CANADA (suite) o) Mr. W. Frank STONE First Secretary, Premier Secrétaire Home address s 6, avenue Jules Crosnier Adresse privée s Genève Telephone s Téléphone s 25.13.S5 o) Mr. Richard M. TAIT Second Secretary, Deuxième Secrétaire Titre de Xa mission l Délégation permanente du Chili auprès de l'Office européen des Nations Unies et des Organisations internationales à Genève Adresse i Maison Plaza (2ème étage) 1-3, rue Chantepoulet (Consulat général du Chili), Genève Téléphone s 32.56.60 Représentant permanent o) M. Içnacio BENITEZ GALLARDO Secretaire chargé de la Délégation o) M. Carlos FRANZ Secrétaire de la Délégation COLOMBIE Titre de la mission s Delegacion permanente de Colombia ante el Centro europeo de las Naciones Unidas Adresse : Rue Crespin B.12, apart. 11, Florissant Genève Téléphone i 35.45.65 Représentant permanent ; o) Dr. Victor JIMÉNEZ SUJLKEZ, I.C. Ministro Consejero, Représentante permanente Adresse s rue Crespin B.12, Apart. 11 Florissant, Genève Téléphone i 35.45.65 - 6 - COSTA RICA Titre de la mission s Délégation permanente de la République de Costa Rica auprès des Organisations inter- nationales Adresse i 20; plateau de Champel, Genève Téléphone s 36.43.10 Représentant permanent o) M. Aristide DONNADIEU Chargé d'Affaires de Costa Rica auprès des Organisations internationales, Délégué permanent, Consul général à Genève CUBA Titre de la mission s Délégation permanente de Cuba auprès de l'Office européen des Nations Unies et des Organisations internationales à Genève Adresse postale i Case postale 336, rue du Mont-Blanc, Genève Adresse télégraphique : "Permacuba" Représentant permanent o) S.E. le Dr J. ENRIQUE CAMEJO-ARGUDIN Ambassadeur extraordinaire et plénipotentiaire, Chef de la Délégation Adresse s 12, rue Crespin (Vllème étage) Genève Téléphone i 35.05.47 DENMARK Permanent Mission of Denmark to the European Title of Mission i Office of the United Nations Villa "La Pelouse", Palais des Nations, Address i Geneva 33.10.00, 33.20.00 and 33.40.00 Telephone : Extension 2182 Permanent Representative Mr. Erik HAUGE, Acting Permanent Representative DOMINICAINE (République) Titre de la mission Délégation permanente de la République Dominicaine auprès de l'Office européen des Nations Unies et de l'Organisation internationale du Travail Adresse % 59, rue Grand-Pré, Genève Téléphone : 34.59.21 - 7 - DOMINICAINE (République) (suite) Représentant permanent ; o) S.E. le Dr Salvador E. PARADAS Envoyé extraordinaire et Ministre plénipotentiaire, Chef de la Délégation, Délégué permanent auprès de l'Office européen des Nations Unies et de l'Orga- nisation internationale du Travail Adresse i 20, ruo du Vidollet, Genève Téléphone ; 34.59.47 o) M-. Pedro PORTAS Secrétaire de la Délégation permanent© Adresse i 3, rue Ami Lullin Téléphone s 36,98.23 EL SALVADOR Titre de la mission s Mission permanente de la République de El Salvador auprès de l'Office européen des Nations Unies Représentant permanent M. Albert AMÏ, Représentant permanent de la République de El Salvador, auprès de l'Office européen des Nations Unies, Consul général Adresse i 24, ruo do la Corraterie Téléphone i 25.33.39 ESPAGNE Titre de la mission : Délégation permanente d'Espagne auprès de l!0ffîce européen des Nations Unies Adresse ; 10, Clos Belmont, angle 26bis route de Chêne, Genève Téléphone s 36.06.30 Représentant permanent % S.E. M. Luis GARCIA DE LLERA Ministre plénipotentiaire Délégué permanent Consul général d'Espagne o) Marquis de ROBLEDQ Membre de la Délégation Consul adjoint d'Espagne M. Ramon Fernandez DE SOIGNIE, Troisième Secrétaire d'Ambassade Membre do la Délégation permanente o) M. Victor do la SERNA Attaché do presse auprès de la Délégation EQUATEUR Titre de la mission i Mision Permanente del Ecuador ante la Oficina Europoa de las Naciones Unidas Adresse ; 12, nie Crespin, Genève Téléphone : 35.49.49 Représentant permanent o) Excmo. Sr. Don José Vicente TRUJILLO Embajador Extraordinario y Plenipotenciario, Jefe de la Mision Permanente del Ecuador ante la ûficina Europea de las Naciones Unidas Residencia del Jefe de la Mis ion s Embajador Doctor José V. Trujillo 14, rue Crospin Teléfono i 35.4Ô.O5 FINLANDE Titre de la mission s Délégation permanente de Finlande auprès des Organisations internationales à Genève Adresse i 5, chemin Malombré, Genève Téléphone ; 25.47.88 Représentant permanent o) M. Torsten TIKANVAARA Conseiller de Légation Délégué permanent FRANCE Titre de la mission s Délégation française permanente auprès de l'Office européen des Nations Unies et des institutions spécialisées Cette délégation est également accréditée auprès des autres organismes internationaux et conférences siégeant en Suisse Adresse : Villa "La Pelouse", Palais des Nations, Genève Téléphone : 33.10.00 - 33.20.00 - 33.40.00 Numéros internes i 2621 (M. E. de Curton) 2623 (M. R. Establie) 2619 (Mlle Trannoy) 3133 (Secrétariat) Représentant permanent o) M. Emile de CURTON Conseiller d'Ambassade Représentant permanent M. Roger ESTABLIE Secrétaire d'Ambassade Représentant adjoint N. TRANNOY Secrétaire d'Ambassade - 9 - Title of Mission s Permanent Mission of Ghana to the European Office of the United Nations and other International Organizations in Geneva Address ; 10, rue Crespin, Geneva Telephone s 36.02.74 Permanent Representative o) Dr. J. E. BOSSMAN, Permanent Representative of Ghana to the European Office of the United Nations and other International Organizations in Geneva o) Mr. G.H. ARTHUR, Second Secretary- Titre de la mission : Delegation permanente de Grèce auprès des Organisations internationales à Genève Adresse ; 7, boulevard Jaques-Dalcroze, Genève Telephone : 35.37.47 Représentant permanent % o) S.E. M. Georges BENSIS, Ministre plénipotentiaire, Délégué permanent Adresse ; 7, rue Michel Chauvet, Genève Téléphone s 36.22.73 M. P. ECONOMOU Membre de la Délégation Adresse ; 7, Bd Jaques-Dalcroze Téléphone s 35.37.47 o) M. Jean PAPAYANNIS Membre de la Délégation Adresse s 3 bis B, rue du Vieux Billard Genève Téléphone s 24.55.07 GUATEMALA Titre de la mieaioft : Représentation permanente du Guatemala auprès de l'Office européen des Nations Unies et de l'Organisation international© du Travail Adresse s Consulat du Guatemala 13> rue Céard, Genève Téléphone s 24.62.45 Représentant permanent s o) M. Albert DUPONT-WIILEMIN Consul général du Guatemala Représentant permanent Adresse i 1, rue Emile-Yung, Genève Téléphone s 25.10.84 - 10 - HONGRIE Titre de la mission s Mission permanente de la République populaire hongroise auprès de l'Office européen des Nations Unies Adresse i 20, rue Crespin (3ème étage), Genève Téléphone i 35.21.13 Représentant permanent : o) M. Janos SZITA Envoyé extraordinaire et Ministre plénipo- tentiaire, Chef de la Mission permanente o) M. Endre ZADOR, Premier Secrétaire o) M. Joseph KOVACS Deuxième Secrétaire o) M. Istvân HALASZ Deuxième Secrétaire INDIA Title of Mission Permanent Mission of India to the European Office of the United Nations and other International Organizations at Geneva Address ; 2, place des Eaux-Vives (first floor), Geneva Téléphona : 35.20.25/24/23 Permanent Mr. A.S. MEHTA Permanent Representative of India to the European Office of the United Nations o) Mr. G. RAJ Third Secretary- Address i 12, rue Vermont, Geneva Telephone i 34.16.48 0) Dr. S.T. MERANI Labour Attaché Address 1 20, quai Gustave Ador, Geneva Telephone ; 35.12.37 IRAN Titre de la mission : Délégation permanente de l'Iran auprès de l'Office européen des Nations Unies et des institutions spécialisées Adresse ; 1-3* rue Chantepoulet, Genève Telephone ; 32.55.77 Représentant permanent o) S.E. Général Fazllolah ZAHEDI Ambassadeur, Chef de la Délégation - 11 - IRAN (suite) Membres de la Délégation o) S.E. M. Djavad KOWSAR Ministre plénipotentiaire M. Hadi DJAZAÏERI Conseiller dlAmbassade o) M. Djavad VAKILI Conseiller de Légation o) M. Shahab KHOSROVANI Conseiller économique o) M. Kiyoumars VAZINE Premier Secrétaire M. le Dr Hossein DAVOUBI Deuxième Secrétaire M. Fereydoun VALATABAR Troisième Secrétaire IRAK Titre do 1P mission t Mission permanento de la République d'Irak auprès de ^Office européen des Nations Unies Adress-e ; 40, rue du Rhône, Genève Représentant pennanent : M. Osman Al-ANI Représentant permanent ISRAËL Titre de la mission ; Délégation permanente dflsra'ël auprès de l!0ffice européen des Nations Unies Adresse s 1, rue Hoffmann, Genève Téléphone : 34-19.74 Représentant permanent ; 0) Dr Menahem KAHANY, Ministre plénipotentiaire Délégué permanent Adresse privée 1 9, av. J, Trembley, Genève Téléphone 1 33.22.05 0) M. ïehoshua PALMON, Conseiller Attaché à la Délégation ITALIE Titre de la misaion : Délégation permanente de l'Italie auprès de l'Office européen des Nations Unies Adresse s 10, chemin de l'Impératrice, Chambésy Téléphone • 34.57.87 - 12 - ITALIE (suite) Représentant permanent ; o) S.E. M, Alberto BERIO Ambassadeur d'Italie Chef de la Délégation o) M. Fausto BACCHETTI, Conseiller de Légation, Délégué permanent adjoint o) M. Paolo SAVINI, Conseiller commercial Délégué permanent adjoint chargé des affaires du GATT et de le CEE JAPON Titre do la mission i Délégation permanente du Japon auprès des Organisations internationales à Genève Adresse % 60, rue du Rhône (2ème étage), Genève Téléphone t 24.03.08 - 24.03.09 - 24-03.00 Représentant permanent • o) S.E. M. Ichiro KAWASAKI Envoyé extraordinaire et Ministre plénipo- tentiaire, Chef de la Délégation permanente du Japon auprès des Organisations inter- nationales à Genève Adresse 1 20, chemin de Grange-Bonnet Ch&ne-Bougeries, Genève Téléphone : 36.62.95 Membres de la Délégation o) M. Shoji SATO, Conseiller o) M. Seiji KUDO, Premier Secrétaire 0) M. Shigeru INADA, Premier Secrétaire o) M. Hioromichi MIYAZAKI, Deuxième Secrétaire o) M. Megumu SATO, Deuxième Secrétaire o) M. Tsuneo OYAKE, Attaché 0) M. Saburo SUGAWARA, Attaché M. Tatsuo NARAKI, Attaché LUXEMBOURG Titre de la mission : Délégation permanente de Luxembourg auprès de l'Office européen des Nations Unies Adresse i "Clos des Chênes", Valavran-Bellevue, Genève Télépho e ; 8.43.83 Représentant permanent s o) M. Ignace BESSLING Adresse s "Clos des Chênes", Valavran-Bellevue, Genève Téléphone 2 8.43.83 - 13 - MEXIQUE Titre de la mission i Delegation permanente du Mexique auprès des Organisations internationales ayant leur Siège à Genève Adresse % 35, quai Wilson, Genève Téléphone s 32.45.12 Représentant permanent S.E. M. Pedro DE ALBA, Ambassadeur extraordinaire et plénipotentiaire, Délégué permanent auprès des Organisations internationales o) S.E. M. Emilio CALDERON PUIG Envoyé extraordinaire et Ministre plénipo- tentiaire, Représentant du Gouvernement du Mexique auprès du Conseil d'administration de l'Organisation internationale du Travail (en mission) Adresse ? 35, quai Wilson, Genève Téléphone ; 32.45.12 M. Enrique Bravo CARO Conseiller de la Délégation Adresse s 35, quai Wilson, Genève Téléphone i 32.45.12 NORWAY Title of Mission 2 Permanent Mission of Norway to the European Office of the United Nations and other International Organizations at Geneva Address : Villa "La Pelouse", Palais des Nations, Geneva Telephone s 33.10.00 - 33.20.00 - 33.40.00 Extensions i 3116 (Mr. J. Cappelen) 3116/3025 (Mrs. K.L. Braenden) Permanent Représentative o) Mr. Johan CAPPELEN, Counsellor of Legation, Permanent Representative of Norway to the European Office of the United Nations and other International Organizations at Geneva o) Mrs. Karin-Lise BRAENDEN, Member of Mission - 14 - PANAMA Titre de la mission i Mision Permanente de Panama ante la Oficina Europea de las Naciones Unidas Adresse s 34-j avenue Théodore Weber Apart. 14 - Genève Adresse télégraphique : "PANAONU" Téléphone s 35.27,82 Représentant permanent S.E. Lie. Humberto CALAMARI, G, Enviado Extraordinario y Ministro Plenipotenciario. Delegado Permanente de Panama ante la Oficina Europea de las Naciones Unidas, Adresse s 34? avenue Théodore Weber Apto. 14 - Téléphone ; 35.27.82 Genève Sr. Carlos A. CHAMBOÎINET Consejero de la Mision Permanente Adresse s 12, rue Crespin, Genève Téléphone i 36.35.18 PAYS-BAS Titre de la mission s Délégation permanente des Pays-Bas auprès de l'Office européen des Nations Unies Cette délégation est également accréditée auprè-a des institutions spécialisées ayant leur siège à Genève Adresse i Villa "La Pelouse", Palais des Nations, Genève Téléphone s 33.10.00 - 33.20.00 - 33.40.00 Numéros internes : 3138 (M. W.H.J. Van Asch van Wijck) 3125 (Mlle A.F.W. Lunsingh Meijer) 3132 (M. O.H.B. Schoenewald) 3137 ) 3140 ) Secrétariat 3124 ) Représentant permanent o) S.E. Jhr. Dr W.H.J. VAN ASCH van WIJCK Ministre plénipotentiaire, Délégué permanent Mlle A.F.W. LUNSINGH MEIJER Déléguée permanente adjointe Dr O.H.B. SCHOENEWALD Attaché pour les questions de transport - 15 - PEROU Titre de la mission s Délégation permanents du Pérou auprès de l'Office européen des Nations Unies et des Organisations internationales ayant leur siège à Genève Adresse i 1, rue d'Italie, Genève Téléphone % 25.55.22 Représentant permanent o) S.E. M. Max de la FUEIiTE LOCKER Ministre plénipotentiaire, Délégué permanent, Consul général du Pérou Adresse s 40, chemin Krieg, Genève Téléphone % 35.19.59 o) M. Raul Maria^PEREIRA Deuxième Secrétaire d'Ambassade Membre de la Délégation M. Guillermo MEHDOZA SERRANO Deuxième Secrétaire d'Ambassade Membre de la Délégation Mlle Rosa Postor de La TORRE Attachée auprès de la Délégation POLOGNE Titre de la misaIon i Représentation permanente de la République populaire de Pologne près l'Office européen des Nations Unies Adresse i 4> rue Munier-Romilly, Genève Téléphone i 24.42.77 Représentant permanent ; o) M. Adam MELLER-CONRAD, Ministre plénipo- tentiaire, Représentant permanent o) M. Andrzej HOROSZKIEWICZ, Premier Secrétaire PORTUGAL Titre de la mission s Délégation permanente du Portugal auprès de la Commission économique pour l'Europe Adresse % 41, quai Wilson, Genève Téléphone i 32.31.59 Représentant permanent o) Dr Fernando de ALCAMBAR PEREIRA, Délégué permanent auprès de la Commission économique pour l'Europe - 16 - REPUBLIQUE ARABE UNIE Titre de la mission ; Mission permanente de la République Arabe Unie auprès de l'Office européen des Nations Unies et des institutions spécia- lisées Adresse i 2, place des Eaux-Vives, Genève Téléphone ,° 35.33.30 - 35.33.38 - 35.33.39 Représentant permanent o) S.E. M. Abdel Fattah HASSAN Ambassadeur extraordinaire et plénipoten- tiaire (absent de Genève) o) M. Moukhtar EL GHAMRAWI Conseiller pour affaires consulaires Consul général de la République Arabe Unie Consulat ; 2, Château-Banquet, Genève Téléphone i 32.09.25 o) Dr Ahmed Esmat ABDEL MAGID Conseiller, Membre de la Mission (en charge de la Mission permanente pendant l'absence de S.E. M. Abdel Fattah Hassan) M. Hussein KAMEL Conseiller pour affaires sociales et du travail o) Dr Ashraf GHORBAL Conseiller, Membre de la Mission M. Omar Hefny MAHMOUD Premier Secrétaire, Membre de la Mission M. Wafaa HEGAZI Premier Secrétaire, Membre de la Mission Dr Ali Samir SAFOUAT Deuxième Secrétaire, Membre de la Mission M. Salah Abdel^Azim FAHMÏ Troisième Secrétaire pour Affaires consu- laires Vice-Consul de la République Arabe Unie Dr Hassan MURAYWID Troisième Secrétaire, Membre de la Mission o) M. Youssef TAHER, Attaché d'information 2, rue do Berne Téléphone s 32.91.32 M. Mahmoud Abdel Zaher EL GAMMAL Attaché adjoint d'information - 17 ~ ROUMANIE Titre de la mission : Délégation permanente de la République populaire de Roumanie auprès de la Commission économique pour 1'Europe Adresse i 14? rue Dancet, Genève Téléphone i 25.84. 42 Représentant permanent o) M. Stefan GAL, Délégué permanent auprès de la Commission économique pour l'Europe SUEDE Titre de la mission : Représentation permanente de la Suède auprès de l'Office européen des Nations Unies et dos autres Organisations inter- nationales établies à Genève Adresse s 1-3* rue Varembé, Genève Téléphone % 34.23.22 Représentant permanent : o) M. Per Bertil KOLLBERG, Premier Secrétaire de Légation, Représentant permanent o) M. Per Olof FORSHELL Membre de la Représentation TCHECOSLOVAQUIE Titre de la mission- t Mission permanente de la République tchécoslovaque près l'Office européen des Nations Unies Adresse s 5, chemin des Crettets (anciennement 27 bis, chemin des Bougeries), Conches, Genève Téléphone ; 35.23.47 Représentant permanent o) Dr Pribyslav PAVLIK, Conseiller de Légation, Chef de la Mission Membres de la Mission o) M. Milan GLOZAR, Troisième Secrétaire o) Dr Otto BENES, Conseiller économique spécialement chargé des affaires du GATT -Id - TURQUIE Délégation permanente de Turquie auprès Titre de la mission de l'Office européen des Nations Unies Villa "La Pelouse", Palais des Nations, Adresse ; Genève 33.10.00 - 33.20.00 - 33.40.00 Téléphone s Numéros internes t 3135) 2781) (M. Hayta) 2371) 2781) (M. Cuhruk) 3024) 2781) (M. Menderes) 27Ô1) (Mine Tissot) Représentants permanents : M. C.S. HAYTA, Délégué permanent» (Affaires économiques) Adresse i 24j chemin Krieg, Genève Téléphone i 35.20.28 M. Nazif CUHRUK, Délégué permanent (Affaires sociales) Représentant permanent auprès du Secrétariat exécutif du GATT Adresse s 22, av. de Champel, Genève Téléphone s 36.41-59 M. Y. MENDERES Délégué permanent adjoint (Affaires économiques) Adresse s 25C, av. de Champel, Genève Téléphone i 35.07.30 Mne M.-M. TISSOT Secrétaire de la Délégation Adresse % 14, route de Florissant, Genève Téléphone % 24-19.88 UNION DES REPUBLIQUES SOCIALISTES SOVIETIQUES Titre de la mission : Représentation permanente de l'Union ^ Républiques socialistes soviétiques auprès de l'Office européen des Nations Unies Adresse : 5, av. de la Paix, Genève Téléphone : 33.18.70 Représentant permanent o) M. Anatoli Semyonovitch TCHISTYAKOV Représentant permanent Envoyé extraordinaire et Ministre plénipo- tentiaire de l'Union des Républiques socialistes soviétiques - 19 - DES REPUBLIQUES SOCIALISTES SOVIETIQUES (suite) o) M. Grigori Sergueyevitch BATHRUSHEVITCH Conseiller o) M. Boris Grigorievitch BOLDIREV Conseiller o) M. Vassily Leonidovitch BORISSOV Conseiller o) M. Konstantin Mikhailovitch SAVITSKI Conseiller o) M. Guéorguii Yakovlevitch ZVEREV Premier Secrétaire o) M. Serguéi Vassilievitch NA2AR0V Attaché o) M. Victor Mikhailovitch GUERBOV Attaché UNITED KINGDOM Title of Mission s Permanent Delegation of the United Kingdom to the European Office of the United Nations 1 Address s Villa "La Fenêtre ' 5 route de Pregny, Geneva Telephone ? 33.23.85 Direct lines with the Palais des Nations 294-8 (Mr. Sniders - personal) 2949 (Mrs Wynnes - General Office) Permanent Representative o) Mr. Edward SNIDERS, M.B.E. Permanent Delegate Mrs. ASC. WINEES, M.B.E. Member of Delegation and Deputy Permanent Delegate UNITED STATES OF AMERICA Title of Delegation United States Resident Delegation to the European Office of the United Nations and other International Organizations* Geneva Address I 1, rue du Temple. Geneva Telephone 32.70.20 - 20 - UNITED STATES OF AMERICA (continued) Permanent Representative s o) The Honourable Henry S, VILLARD, Minister United States Representative to the European Office of the United Nations and other International Organizations, Geneva Address i 24, quai de Cologny, Geneva Telephone i 36.23.58 o) Mr. David H. POPPER United States Deputy Representative Address i Avenue Allières 10, Geneva Telephone i 36.09.89 o) Mr. Georges TOBIAS Attaché for Labor Affairs Address : 8, rue des Granges, Geneva Telephone i 26.06.16 o) Mr. Daniel H. CLARE, Jr. Attaché Address % Malagny le LaCj Versoix Telephone ; 8.51.30 o) Mr. George A. TESORO Senior Economic Officer Address i 15, Grand'rue, Geneva Telephone i 25.19.92 o) Mr. Henry J. SABATINI Attaché Address i 252, route de Meyrin, Meyrin Telephone % 8.94.77 o) Mrs. Margaret H. POTTER Economic Officer Address i 18, rue Crespin, Geneva Telephone i 36.60.54 o) Mr. John M. STUART, Jr. Attaché, Press Officer Address Ï 5, av. Calasf Champel, Geneva Telephone % 36.94.93 o) Mr. Virgil L. MOORE Attache Address :. 38, route de Malagnou, Geneva Telephone ; 36.46.71 o) Mr. Charles I. COOPER Attaché Address i 14; Parc Château-Banquet, Geneva Telephone i 32.17.57 o) Mr. Cameron J. LA CLAIR, Jr. Economic Officer Address i 12, chemin des Eglantiers, Geneva Telephone ; 35-41.20 - 21 - UNITED STATES OF AMERICA (eofttlfMed) o) Mr. Ernest H. WIENER, Jr. Attaché and Assistant Press Officer Address 5 82, quai de Cologny, Geneva Telephone s 8.24.05 0) Mr. Frederick P. JESSUP Attaché Address 1 1, route St-Loup, Versoix Telephone t 8.53.27 o) Mir. John N. DEXTER, Attaché Address s 45, avenue Wendt, Geneva 0) Mr. Ernest F. CHASE, Economie Officer Address 1 Villa Belle Fontaine, Rte de Sauverny, Versoix Telephone ; 8.53.17 URUGUAY Titre de la mission : Délégation permanente de l'Uruguay auprès de l'Office européen des Nations Unies et des institutions spécialisées ayant leur siège à Genève Adresse 1 18, rue Crespin (6ème étage), Genève Adresse postale ; Case postale 192 Mont-Blanc, Genève Téléphone : 36.58.72 Représentait permanent 0) S.E. M. Victor M. POMES Ministre plénipotentiaire Délégué permanent VENEZUELA Titre de la altslon ; Delegacion Permanente de Venezuela ante I03 Organismos de las Naciones Unidas con sede en Ginebra Adresse s 24> Grand Quai, Genève Téléphona : 24.43.13 y 24.43.12 Représentant permanent 0) Dr. Victor Manuel RIVAS Enviado Extraordinario y Ministro Plenipotenciario, Delegado Permanente Direccion : 14, avenue de Champel, Genève Teléfono ; 25,38.09 Delegado Suplerite 0) Dr. Enrique Hermoso DOMINGUEZ Enviado Extraordinario y Ministro Plenipotenciario, Direccion ; 24, Grand Quai; Genève Teléfono s 24.43.13 - 22 - VENEZUELA (suite) Conse.jeros i o) Dr. Ignacio SILVA SUCRE, Direccion i 35> rue de l'Athénée, Genève, Teléfono : 24.46.92 o) Sr. José de Jésus SANGHEZ-CARRERO, Direccion ; 111, rue de Lausanne, Genève, Teléfono t 32.92.54 o) Dr. Fermin TORO, 20, rue des Acacias, Genève, Teléfono i 24.60.44 Primer Secretario s o) Dr. Angel Francisco LUJAN, Direccion i 22, avenue Peschier, Genève, Teléfono s 35.27.85 Segundo Secretario s o) Dr, Omar José T0UR0N-LUV0, Direccion % 33> rue de l'Athénée, Genève, Teléfono : 24.76.53 YEMEN Titre de la mission i Mission permanente du Royaume Moutawakilite du Yemen auprès de l'Office européen des Nations Unies à Genève Adresse s 8, rue du Marché, 1er étage, Genève Téléphone 2 26.22.10/19 Représentant permanent o) S.E.^M. Zoher KABBANI, *»Ministre, Représentant permanent Adresse i 10, rue Crespin, Genève Téléphone : 36.62.11 Membres de la Mission o) Dr Ibrahim Moukhtar el WAKIL, Conseiller o) Dr Bentami DJILANI, Conseiller aux Affaires sociales o) M. Mohammed BEDJAOUI, Conseiller juridique M. Atef DANIAL, Secrétaire o) M. Hassan el AKKAD, Attaché ** Observateur permanent de la Ligue des Etats arabes. - 23 - YOUGOSLAVIE Titre de la mission ? Délégation permanente do la République popu- laire federative de Yougoslavie auprès de l'Office européen des Nations Unies et des institutions spécialisées en Europe Adresse s 11 bis, avenue do Champel, Genève Téléphone t 24.32.66 - 24.32.67 Représentant permanent s o) S.E.M. Dr Sergijo MAKIEDO Ministre plénipotentiaire^ Délégué permanent Mlle Olga STRUJIC. Consul de la Répub]ique populaire federative de Yougoslavie à Genève, Premier Secrétaire o) M. Branko KOMATINA Premier Secrétaire, Délégué permanent adjoint Adresse : 36; avenue Weber, Genève Téléphone i 36o33.27 - 24- - II - LISTE DES ETATS NON MEMBRES AYANT ACCREDITE DES OBSERVATEURS A TITRE PERMANENT AUPRES DE L1OFFICE EUROPEEN DES NATIONS UNIES II » LIST OF NON-MEMBER STATES MAINTAINING PERMANENT OBSERVERS ACCREDITED TO THE EUROPEAN OFFICE OF THE UNITED NATIONS ALLEMAGNE (République fédérale) Titre de la mission s Délégation permanente de la République fédérale d'Allemagne auprès des institu- tions internationales à Genève et Bureau de l'Observateur permanent auprès de l'Office européen des Nations Unies Adresse ; Château-Banquet, 94-> rue de Lausanne, Genève Téléphone i 32.03.80 Observateur permanent et o) Dr Rudolf THIERFELDER Représentant permanent s Ministre plénipotentiaire Délégué permanent auprès des institutions internationales à Genève et Observateur permanent auprès de l'Office européen des Nations Unies Consul général de la République fédérale d'Allemagne Dr Walter PAULY Délégué permanent adjoint Observateur permanent adjoint o) Dr Karl BARTE Délégué permanent adjoint Observateur permanent adjoint o) M. Walter G'ÔLLER Attaché pour les questions de transport Adresse ; 26, rue Baulacre, Genève Téléphone s 33*82.30 SAINT-MARIN (République de) Titre de la mission t Délégation permanente de la République de Saint-Marin auprès des institutions inter- nationales à Genève et Bureau de l'Observa- teur permanent auprès de l'Office européen des Nations Unies Adresse i 11, rue de Cornavin, Genève Téléphone i 32.04.10 Observateur permanent o) S.E. M. Georges FILIPINETTI Ministre plénipotentiaire, Observateur permanent, 7, avenue Bertrand, Genève DES ASSEMBLÉES 3? étage DES CONSEILS 1«" étage N"s | - m - v -XIV XV 1W étage ( 0S N VII- VIIIIXXXI XII 3e étage Parcs à autos Ascenseurs Portes principales avec leurs numéros (Â) Conciergerie - renseignements : Re de-ch ® Service médical • Infirmerie : sou Agence COOK - salle B-1 : l^ël ® Finances, Personnel-bureau 237 (E) Banque : Rez-de-chaussée (F) Posre : Rez-de-chaussée | Télégraphe : Rez-de-chaussée PLAN DU () Entrée du cinéma : Rez-de-chaussé Q) Kiosque à journaux : Rez-de-chau PALAIS DES NATIONS (R) Bar et cafétéria •- Rez-de-chaussée (Ç) Restaurants : e« étage © Bibliothèque •• GENÈVE (N) Garage à bicyclettes et motocyclettes UN/TED NATIONS Distr. GE GENERAL A/CONF.9/Inf.2 ASSE 11 August 1961 ENGLISH ONLY UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS (Second part: 15 August-1 September 1961) INFORMATION FOR DELEGATIONS 1. Opening Meeting The opening of the second part of the Conference will take place on Tuesday, 15 August I961, at 3 p.m. in Conference Room No. 3. 2. Time-table of meetings Bulletin boards displaying the programme of meetings are located on the first floor of the General Assembly Building just inside the Delegates' Entrance and on the concourse level between the General Assembly Building and the Conference Building. 3. List of delegates A list of delegates will be issued as a separate document. *K Secretariat The offices of the Secretariat of the Conference are situated on the 3^-th floor of the Secretariat Building. A list of the Secretariat, giving office and telephone numbers, will be issued as a separate document, 5. Access to the Conference Building As the meetings will be held in the Conference Building, delegations will find it convenient to enter by the Delegates1 Entrance of the General Assembly Building. 61-19990 A/CONF.9/IHI.2 English Page 2 6. Information Desks General Assembly Building: South end: Delegates' Lobby, ext. 3^33 and 36^3 North end: Public Lobby, ext, kjk and 78k Secretariat Building: Main lobby, ext. 587 or 588 7. Distribution of Documents Documents for delegations may be called for at the Delegations Document Station on the concourse level of the Secretariat Building, room 1B-M*, ext. 2273, during working hours. A limited number of documents relating to the Conference will be available at the document counter in the Conference room. 8. Subnr: s s ion of Documents Documents which representatives wish to have circulated to the Conference obovJd be submitted in quadruplicate to the Secretariat. As far as possible documents should be handed in at least 2k hours (not counting Saturday afternoons or Sundays) before the time for which circulation is desired. 9. Servicing of Meetings Meetings Service of the Office of Conference Services issues, each evening, a programme of meetings for the following day, which is printed daily in the Journal au.d gives the conference rooms and times of meetings. Info/I^ 'cio n concerning time, place and agenda of meetings may be obtained by calling Orô^r of tr«y Day, ext;. ;?95 or 59^- A Conference Officer is on duty in the Conference room to assist the Secretary cf the Conference in the co~ordination of the technical services of the meeting. A/CONP-9/lnf.a English Page 5 10. ^™î. Ttie Journal of the United Nations is issued daily in English and French It contains: 1, Programme of meetings; 3. rjj2mfi3ry of ri:3etings; k. The Editor of the Journal is located in the Secretariat Building, room 1170, ext. 807 or 829. It is important thp.t the texts of prepared speeches be made available to the interpreters -well in advance of delivery. For this purpose, four copies of the speech should be handed to the Conference Officer on duty in the meeting room. After delivery of the speech précis-writers will use these texts to help speed up the issuing of recorô.s of meetings. Representatives who take the floor in the Conference room should bear in mind that the microphone before them is inoperative until they have been called upon to speak by the chairman. In order to ensure the best possible recording and interpretation of their speeches, they should speak directly into the microphones, clearly and not too quickly. 12, Travel and Hotel facilities The United Nations Travel Office, Secretariat Building, room 2169, 21st floor, assist delegates with hotel accommodations and travel reservations, passport visa service. Hotel accommodations and customs clearances, ext. 5^6 Travel reservations (Cook's Travel Service), ext. 2076 Passport and visa service, ext. •*•* • Facilities for Ob servers from Non-Governmental Organiza tions Observers from non-governmental organizations may apply for admission cards at Room 7^1 (ext. 2227), where information on arrangements for NGO attendance may be obtained. English Page 4 Ik. library facilities The Library is housed in temporary quarters for the period of construction of the new building. It occupies the South and North lobbies of the Secretariat Building and various other locations indicated below. The Library is open Monday through Friday. Reference services snd some reading space are provided in the South and North lobbies. Inquiries may be made personally or by telephone to each of the following service points: Director's Office, room 202À, ext. 2173 Deputy Librarian, room 202B^ ext. 25li Legal - Political and Security Council Branch Library, room 3^+25, ext, 2512 United Nations and Specialized Agencies Documents, South Lobby, ext. 2501 League of Nations Documents, Worth Lobby, ext, 2504- Map Collection, room 1950, ext. 83^ Periodicals and Newspapers, 5th floor lounge, ext. 830 General Reference collection and all other inquiries, South Lobby, ext. 821 The general catalogue is in the South Lobby, ext. 821 The Loan Desk, in the same location, ext. 2695, handles requests for loans'" from the Library's collections. Inter-Library loans are arranged on ext. 823. UNITED NATIONS Distr. LDfilïiSD GENERAL A/CGNF.9/L.1 20 March 1959 ASSEMBLY ORIGINAL: English/ French/Spanish UNITED NATIONS CONFERENCE ON TES ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS Text of the Draft Conventions on the Elioination of Future Statelessness and on the Reduction of Future Statelessness prepared by the International Law Commission at its Sixth Session Note; This is a mimeographed reproduction of the two draft conventions prepared by the International Law Coiamission at its sixth session and included in Chapter II of its Report on the Session (A/2693). (8 P. page 2 DRAFT CONVENTION ON THE ELIMINATION DRAFT CONVENTION ON THE REDUCTION OF FUTURS STATELESSNESS OF FUTURS STATELESSNESS Preaable Preamble Whereas the Universal Declaration of Whereas the Universal Declaration of Human Rights proclaims that "everyone has Human Rights proclaims that "everyone has the right to a nationality" , the right to a nationality11, Whereas the Economic and Social CounciL Whereas the Economic and Social Council has recognized that the problem of state- has recognized that the problem of state- less persons demands "the taking of joint less persons demands "the taking of joint and separate action by Member nations in and separate action by Member nations in co-operation with the United Nations to co-operation with the United Nations to ensure that everyone shall have an eff- ensure that everyone shall have an eff- ective right to a nationality", ective right to a nationality", Whereas statelessness often results in Whereas statelessness often results in suffering and hardship shocking to suffering and hardship shocking to conscience and offensive to the dignity conscience and offensive to the dignity of 2, The national law of the Party may make preservation of such nationality depend- ent on the person being normally resident in its territory until the age of eight- een years and on the condition that on attaining that age he does not opt for and acquire another nationality. 3. If, in consequence of the operation of paragraph 2, a person on attaining the age of eighteen years would become state- less, he shall acquire the nationality of one of his parents, if such parent has the nationality of one of the Parties. Such Party may make the acquisition of its nationality dependent on the person having been normally resident in its territory. The nationality of the father shall prevail over that of the mother. Article 2 Article 2 For the purpose of article 1, a For the purpose of article 1, a foundling, so long as his place of birth foundling, so long as his place of birth is unknown, shall be presumed to have is unknown, shall be presumed to have been born in the territory of the Party been born in the territory of the Party in which he is found. in which he is found. Article 3 Article 3 For the purpose of article 1, birth For the purpose of article 1, birth on a vessel shall be deemed to have taken on a vessel shall be deemed to have taken place within the territory of the State place within the territory of the State whose flag the vessel flies. Birth on whose flag the vessel flies. Birth on an aircraft shall be considered to have an aircraft shall be considered to have token place within the territory of the taken place within the territory of the State where the aircraft is registered. State where the aircraft is registered. Article 4 Article 4 If a child is not born in the terri- If a child is not born in the terri- tory of a State which is a Party to tory of a State which is a Party to this convention he shall, if otherwise this convention he shall, if otherwise stateless, acquire the nationality of stateless, acquire the nationality of A/C0Nfcl.9/L.l page 4 the Party of which one of his parents is the Party of which one of his parents is a national, The nationality of the a national. Such Party may nake the father shall prevail over that of the acquisition of its nationality dependent •other. on the person having been normally resi- dent in its territory. The nationality of the father shall prevail over that of the mother. Article 5 Article 5 If the law of a Party entails loss of If the law of a Party entails loss of nationality as a consequence of any nationality as a consequence of any change in the personal status of a change in the personal status of a person such as marriagef termination of person such as marriage, termination of marriage, legitimation, recognition or narriage, legitimation, recognition or adoption, such loss shall be conditional adoption, such loss shall be conditional upon acquisition of another nationality. upon acquisition of another nationality. Article 6 Article 6 (previous article 5, paragraph 2) (previous article 5, paragraph 2) The change or loss of the nationality The change or loss of the nationality of a spouse or of a parent shall not of a spouse or of a parent shall not entail the loss of nationality by the entail the loss of nationality by the other spouse or by the children unless other spouse or by the children unless they have or acquire another nationality. they have or acquire another nationality» Article 7 Article 7 (previous article 6) (previous article 6) 1. Renunciation shall not result in loss 1. Renunciation shall not result in loss of nationality unless the person renoun- of nationality unless the person renoun- cing it has or acquires another nation- cing it has or acquires another nation- ality. ality. 2. A person who seeks naturalization in 2, A person who seeks naturalization in a foreign country or who obtains an a foreign country or who obtains an expatriation permit for that purpose expatriation permit for that purpose shall not lose his nationality unless he shall not lose his nationality unless be acquires the nationality of that foreign acquires the nationality of that foreign country. country. 3. A person shall not lose his nation- 3t A natural-born national shall not l°se ality, so as to become stateless, on the his nationality, so as to become stateles j ground of departure, st&y abroad, failure on the ground of departure, stay abroad, to register or on any other sinilar failure to register, or on any other T o-rrvrrnfl . A nf>+,HTra.lized A/C0NP.9/L.1 page 5 may lose his nationality on account of residence in his country of origin for the period specified by the law of the Party which granted the naturalization. Article 8 Article 8 (previous article 7) (previous article 7) A Party may not deprive its nationals 1. A Party may not deprive its nationals of their nationality by way of penality of their nationality by way of penalty or on any other ground if such depri- or on any other ground if such depri- vation renders them stateless. vation renders them stateless, except on the ground mentioned in article 7, para- graph 3, or on the ground that they voluntarily enter or continue in the service of a foreign country in disregard of an express prohibition of their State. 2. In the cases to which paragraph 1 above refers? the deprivation shall be pronounced in accordance with due process of law which shall provide for recourse to judicial authority. Article 9 Article 9 (previous article 8) (previous article 8) A Party may not deprive any person or A Party may not deprive any person or group of persons of their nationality on group of persons of their nationality on racial, ethnic, religious or political racial, ethnic, religious or political grounds. grounds. Article 10 Article 10 (previous article 9) (previous article 9) 1. Every treaty providing for the trans- 1. Every treaty providing for the trans- fer of a territory shall include pro- fer of a territory shall include pro- visions for ensuring that, subject to visions for ensuring that, subject to the exercise of the right of option, the the exercise of the right of option, the inhabitants of that territory shall not inhabitants of that territory shall not become stateless. becone stateless. 2. In the absence of such provisions, a 2. In the absence of such provisions, a State to which territory is transferred, State to which territory is transferred, or which otherwise acquires territory, or which otherwise acquires territory, °r a new State formed on territory pre- or a new State formed on territory pre- viously belonging to another State or viously belonging to another State or A/00NI'.9/L.1 page 6 Statesy shall confer its nationality upon States, shall confer its nationality upon the inhabitants of such territory unless fche inhabitants of such territory unless they retain their former nationality by they retain their fortier nationality by option or otherwise or have or acquire option or otherwise or have or acquire another nationality. another nationality. Article 11 Article 11 (previous article 10) (previous article 10) 1. The Parties undertake to establish, 1. The Parties undertake to establish, within the framework of the United within the framework of the United Nations, an agency to act, when it deems Nations, an agency to act, when it deems appropriate, on behalf of stateless appropriate, on behalf of stateless persons before Governments or before the persons before Governments or before the tribunal referred to in paragraph 2. tribunal referred to in paragraph 2. 2. The Parties undertake to establish, 2. The Parties undertake to establish, within the framework of the United within the framework of the United Nations, a tribunal which shall be com- Nations, a tribunal which shall be com- petent to decide any dispute between them petent to decide any dispute between them concerning the interpretation or appli- concerning the interpretation or appli- cation of this convention and to decide cation of this convention and to decide complaints presented by the agency complaints presented by the agency referred to in paragraph 1 on behalf of referred to in paragraph 1 on behalf of a person claiming to have been denied a person claiming to have been denied nationality in violation of the pro- nationality in violation of the pro- visions of the convention. visions of the convention. 3. If, within two years after the entry 3. If, within two years after the entry into force of the convention, the agency into force of the convention, the agency or the tribunal referred to in para- or the tribunal referred to in para- graphs 1 and 2 has not been established graphs 1 and 2 has not been established by the Parties, any of the Parties shall lay the Parties, any of the Parties shall have the right to request the General have the right to request the General Assembly to establish such agency or Assembly to establish such agency or tribunal. tribunal. 4. The Parties agree that any dispute 4. The Parties agree that any dispute between them concerning the interpre- between them concerning the interpre- tation or application of the convention tation or application of the convention shallp if not referred to the tribunal shall, if not referred to the tribunal provided for in paragraph 2, be sub- provided for in paragraph 2, be sub- mitted to the International Court of mitted to the International Court of Justice. Justice. A/C0NP.9/L.1 page 7 Article 12 Article 12 1. The present convention, having been 1, The present convention, having been approved by the General Assembly, shall approved by the General Assembly, shall until ... (a year after the approval of until ... (a year after the approval of the General Assenbly) be open for sig- the General Assembly) be open for sig- nature on behalf of any Member of the nature on behalf of any Member of the United Nations and of any non-member United Nations and of any non-member State to which an invitation to sign is State to which an invitation to sign is addressed by the General Assembly. addressed by the General Assembly. 2. The present convention shall be rati- 2, The present convention shall be rati- fied, and the instruments of ratifica- fied, and the instruments of ratifica- tion shall be deposited with the tion shall be deposited with the Secretary-General of the United Nations. Secretary-General of the United Nations. 3. After ... (the above date) the present 3, After ..„ (the above date) the present convention may be acceded to on behalf convention may be acceded to on behalf of any Member of the United Nations and of any Member of the United Nations and of any non-member State which has of any non-aember State which has received an invitation as aforesaid. received an iriyitation as aforesaid. Instruments of accession shall be Instruments of accession shall be deposited with the Secretary-General of deposited with the Secretary-General of the United Nations. the United Nations. Article 13 Article 13 1. At the time of signature, ratifieo/- 1. At the time of signature, ratifica- tion or accession any State may make a tion or accession anjr State may make a reservation permitting it to postpone, reservation permitting it to postpone, for a period not exceeding two years, for a period not exceeding two years, the application of the convention the application of the convention pending the enactment of necessary pending the enactment of necessary legislation. legislation, 2. No other reservations to the present 2. No other reservations to the present convention shall be admissible. convention shall be admissible. Article 14 Article 14 1. The present Convention shall enter 1. The present Convention shall enter into force on the ninetieth day follow- into force on the ninetieth day follow- ing the date of the deposit of the ... ing the date of the deposit of the ... (e.g., third or sixth) instrument of (e.g., third or sixth) instrument of ratification or accession. ratification or accession. 2. For each State ratifying or acceding 2. For each State ratifying or acceding to the present convention subsequently to the present convention subsequently to the latter date, the convention shall to the latter date, the convention shall enter into force on the ninetieth day enter into force on the ninetieth day following the deposit of the instrument following the deposit of the instrument of ratification or accession by that of ratification or accession by that State. State. Article 15 Article 15 Any Party to the present convention Any Party to the present convention may denounce it at any time by a written may denounce it at any tine by a -Britten notification addressed to the Secretary- notification addressed to the Secretary- General of the United Nations. Such General of the United Nations. Such denunciation shall take effect for the denunciation shall take effect for the said Party one year after the date of said Party one year after the date of its receipt by the Secretary-General. its receipt by the Secretary-General. Article 16 Article 16 1. The Secretary-General of the United 1. The Secretary-General of the United Nations shall notify all Members of the Nations shall notify all Members of the United Nations and the non-member States United Nations and the non-rjember States referred to in article 12 of the follow- referred to in article 12 of the follow- ing particulars: ing particulars: (a) Signatures, ratifications and (a) Signatures, ratifications and accessions under article 12; accessions under article 12; (b) Reservations under article 13; (b) Reservations under article 13; (c) The date upon which the present (c) The date upon which the present convention enters into force in pursuance convention enters into force in pursuance of article 14; of article 14; (d) Denunciations under article 15. (d) Denunciations under article 15. Article 17 Article 17 1. The present convention shall be depo- 1, The present convention shall be depo- sited with the Secretariat of the United sited with the Secretariat of the United Nations, Nations. 2, A certified copy of the convention 2. A certified copy of the convention shall be transmitted to all Members of shall be transmitted to all Members of the United Nations and to the non-member the United Nations and to the non-raenber States referred to in article 12. States referred to in article 12. Article 18 Article 13 The present convention shall be regi- The present convention shall be regi- stered by the Secretary-General of the stered by the Secretary-General of the United Nations on the date of its entry United Nations on the date of its entry into force. into force. UNITED NATIONS Distr. LIMITED GENERAL A/CONF.9/L.2 ASSEMBLY 25 ISareh 1959 ENGLISH Originals FRENCH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS BELGIUM: Amendment to article 1 of the draft convention on the reduction of future statelessness Replace article 1 by the following text: A person who vrould otherwise be stateless shall have the right to acquire, by a simplified procedure from the age of 16 years (15 years), the nationality of the Party in whose territory he is born. dp.) UNITED NATIONS Distr. LIMITED GENERAL A/CONF.9/L.3 ASSEMBLY 25 March 1959 ENGLISH Original: FRENCH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS BELGIUM: Amendment to article 4 of th,e draft convention on the reduction of future statelessness Replace article 4 by the following text: If a child is not born in the territory of a State which is a Party to the convention he shall, if otherwise stateless, have the right to acquire, by a simplified procedure from the age of 16 years (15 years)f the nationality of the Party of which one of his parents is a national* UNITED NATIONS GENERAL EMBLY ^iF 86^*1959 •- IYl u ^^-r^z" ORIGINAL: English UNITED NATIONS GWFiïBWCiï ON TH-i! JSLIMINA.TIQN OR REDUCTION Oï FUTURiii UNITED KINGDOM: Amendments to articles 1. 3 and 4 of the draft Convention an. the Reduction of Future otatelessness Article 1 Substitute fpr paragraph 2 the following:- n{2) The national law of a Party may make the preservation of such nationality conditional on the person concernsd lodging with the appropriate authority, within such period not exceeding /twelve/ months after he attains the age of eighteen years as may be specified, a declaration of his intention to retain such nationality, and en. his being normally resident in the territory of the Party at the time when the declaration is lodged.'7 Substitute for paragraph 3 the following two paragraphs:- "(3) A person who, in consequence of the operation of such national law as is mentioned in paragraph (2), has become stateless shall, subject to paragraph (4-), acquire - (a) if he is legitimate, the nationality of one of his parents, or (b) if he is illegitimate, the nationality of his mother, if such parent's nationality is that of a Party. In the case of a legitimate person, the nationality of the father shall prevail over that of the mother. n(4) The national law of a Party may make the acquisition of its nationality in accordance with paragraph (3) conditional on the person concerned lodging with the appropriate authority, before he attains the age of /twenty-one/ years, an application for such nationality, a^d on his being normally resident in the territory of the Party at the time when the application is lodged11. P.) A/C0NF.9/L.4 page 2 Article 3 For u'JTor the purpose of article 1"' substitute ''For the purposes of article 1 and article 4:î. For nOtate" in each place where is occurs, substitute "Party". Article 4 Substitute for this article the following:- "4 - (l) A person who is not born in the territory of a Party and would otherwise be stateless at birth shall acquire at birth - (a) if he is legitimate, the nationality of one of his parents, or (b) if he is illegitimate, the nationality of his mother, if such parent's nationality is that of a Party. In the case of a legitimate person, the nationality of the father shall prevail over that of the mother. (2) The national law of a Party may make the preservation of such nationality conditional on the person concerned lodging with the appropriate authority, within such period after he attains the age of eighteen years as may be specified, a declaration of his intention to retain such nationality and on his being normally resident in the territory of the Party at the time when the declaration is lodged". DisUr, UNITED NATIONS LIMITED A/CCNF.9/L.5 GENERAL 25 March 1959 ENGLISH ASSEMBLY Originals FKEBCH UNITED NATIONS CONFERENCE ON THE ELIMINATION OE REDUCTION OP FUTURE STATELESSNESS FRANCE: amendment to article 1 of the draft convention on the reduction of future statelessness Article 1 Paragraph 1: Delete the words "at birth" and substitute the words "at the age of 21 years at the latest". Paragraph 2: (i) After the word "preservation" insert the words "or acquisition", (ii) Delete the words "until the age of 18 years" and substitute the words "until the age of 21 years". (iii) Delete the words "that age" and substitute the words "18 years or 21 years". Paragraph 3: Delete the words "18 years" and substitute th^ words "21 years". Distr. UNITED NATIONS LIMITED A/CONF.9/L.5/Etev.l GENERAL 26 March 1959 ENGLISH ASSEMBLY Original; FRENCK miTED NATIONS CONFERENCE ON THE ELIMINATION OH DEDUCTION OF FUTUSE STATELESSNESS France: revised amendment to article 1 of tlqe draft convention on the reduction of future statelessness R-eplace article 1 by the following: Article 1 Paragraph 1: A person who would otherwise be stateless shall acquire by operation of law, at the age of twenty-one years at the latest, the nationality of the Party in whose territory he was born. He may acquire the nationality of that Party by virtue of a declaration made either by himself after he has attained the age of eighteen years or by his statutory representatives before he has attained that age. Paragraph 2: The national law of the Party in whose territory the person was born may Ka.Ee the acquisition of its nationality dependent on the condition that the person concerned or his statutory representatives fulfil the conditions of residence laid down by that law. UNITED NATIONS Distr. GENERAL LIMITED A/CONF.Q/L;* ASSEMBLY 25 March 1959 Original: ENGLISH UNITED NATIONS CAJffiKSNCLii. ON THai ELIMINATION OR INDUCTION OF FOTTJKS STAO ÏÏËNMAEK: am@aflments to article 1 of the draft convention on the reduction of future statelessness Article 1 Paragraph. 1 jîor the words iJin whose territory he is born" substitute the following: 7Iof which his father is a national. If his father is stateless, or if he is himself born out of lawful wedlock, the person shall at birth the nationality of his mother.1.1 Paragraphs 2 and 3 Delete and add as Hew paragraph 2 the following: î!If a person has not, under the foregoing paragraph, acquired any nationality at birth, and if he is still stateless at the age of 18 years, he shall at that age be entitled to acquire the nationality of the Party in whose territory h.e has been normally resident during the preceding ten years,'1 UNITED NATIONS Distr. ASSEMBLY Origin? 1 : :M3LISH UÎTIÏ:,D N :O ON TH* ELIÏ:IÎ^.TTON OR REDUCTION OF YUOUKL & ÏÏÏGOSL/lVIA : Maendraent to trtiole 1 of the draft convention on the reduction of future statelessness Article 1 Paragraph 3 Substitute for paragraph 3 the following : "If, in consequence of the operation of paragraph 3, person on attaining the age of eighteen yetrs would become stateless, he shall acquire the nationality of one of his parents or the nationality of the state in which he resides, under these conditions : (c) If he resides with only one of his parents, he acquires the nationality of tint parent, provided that thjt parent has a nationality; (b) If he resides together with both his parents he acquires the nationality of the parent who has the nationality of the state in which the family is residing; (c) If he does not reside with either of his parents, he has the right to opt for the nationality of either of his parents or to acquire the nationality of the state in which he resides. UNITED NATIONS Distr. GENERAL LIMITED A/C0NF.9/L.7/Corr.l ASSEMBLY 26 M^rch 1959 ENGLISH ONLY UNITED NATIONS CONFERENCE ON THE ELIMINATION OJR REDUCTION OF FUTUKE STATELESSNESS Corrigendum to YUGOSLAVIA: amendment to article 1 of the draft convention on the reduction of future statelessness Article 1t paragraph 3 First line of proposed text should read: "If, in consequence of the operation of paragraph 2, a person on attaining1 UNITED NATIONS Distr. LIMITED GENERAL A/C0NF.9/L.8 31 March 1959 ASSEMBLY Original! FRENCH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS SWITZERLAND: Amendment to article 1 of the draft convention on the reduction of future statelessness Article 1 Replace paragraphs 1 and 2 of article 1 by the following: 1. The Parties undertake to confer their nationality (i) either ipso .jure at the age of 21 at the latest, or (ii) on application made in accordance with their national law after the person concerned has reached the age of 18 years and in the year following the day on which he attains his majority, upon any person who was born in their territory and who did not acquire a nationality at birth or subsequently. 2. The Party concerned may make the acquisition of its nationality dependent on normal residence in its territory; it may not however require a period of residence greater than ten years including the five years immediately preceding the acquisition of nationality ipso .jure or the submission of the application. UP.) /A UNITED NATIONS ^ m^âjlM A/C0NF.9/L.9 ^E?^ 31toarch 1959 Original: ENGLISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS NETHERLANDS : amendment to article 1 of the draft convention on the reduction of future statelessness Article 1 Replace article 1 by the following: 1. A Party shall grant its nationality to a person, who would otherwise be stateless and who is born in the territory of that Party, if that person either by himself or, if he is for reason of his age not capable to do so, by his legal representative, has lodged with the appropriate authority an application for such nationality. 2, The national law of a Farty may make- the acquisition of its nationality in accordance with paragraph (l) conditional a, on the person concerned lodging the application before he attains the age determined to that effect by national legislation, provided such legislation leaves the person concerned at least one year during which he can lodge the application by himself, and b. on the person concerned being resident in the territory of the Party at the time of and immediately preceding the lodging of the application for a period to be determined by national legislation, provided such legis- lation shall not require a period of residence longer than five years. 3« A Party shall grant its nationality to a person, who is stateless and who, in consequence of such national law as is mentioned in paragraph (2), cannot acquire "the nationality of the State in which he is born, a. if the person concerned is a legitimate child of a father who had the nationality of that Party at the time of birth of that person; b. if the person concerned is an illegitimate child of a mother who had the nationality of that Party at the time of birth of that person. (2 V.) À/C0NF.9/L.9 page 2 ^. The national law of a Party may make the acquisition of its nationality in accordance with paragraph (3) conditional on the person concerned lodging with the appropriate authority, before he attains the age of twenty-three years, an application for such nationality, and on his being resident in the territory of the Party at the time of and immediately preceding the lodging of the application for a period to be determined by national legislation, provided that such legis- lation shall not require a period of residence longer than five years. UNITED NATIONS Distr. LIMITED GENERAL A/C0NF.9/L.10 1 April 1959 ASSEMBLY Original: ENGLISH/ERENCH UNITED NATIONS CONFERENCE ON THE ELIMINATION OH REDUCTION OF FUTURE Denmark, France^ Nether lands?3_wit^erlan_d^ United Kingdom : Joint amendment to article 1 of the draft convention on the reduction of future statelessness Article 1 Replace article 1 by the following: 1. A Party shall grant its nationality to a person born in its territory who would otherwise be stateless, either (a) at birth by operation of laws or (b) upon a declaration lodged with the appropriate authority either by or on behalf of the person. A party applying the system under (b) may^ furthermores grant its nationality by operation of law under the conditions provided for by its legislation, 2, The national law of a Party may make the acquisition of its nationality in accordance with paragraph 1 (b) conditional - (a) on the declaration being lodged after the person has attained an age not exceeding eighteen years; and (b) on the declaration being lodged before the person has attained an age not less than twenty-one years, provided that the person shall be allowed at least one year during which he can make the application by himself; and (c) on the person having been normally resident in its territory for a period immediately preceding the lodging of the declaration not exceeding five yearss and for not more than ten years in all. (2 P.) 2. 3. A Party shall grant its nationality to a person whu is stateless and who, in consequence of such national law as mentioned in subparagraph (b) or (c) of paragraph 2 cannot acquire the nationality of the State in which he is born - (a) in the case of a legitimate person, if his father's nationality at the time of the person's birth was that of the Party; (b) in the case of a legitimate person who is unable to acquire as of right his father's nationality or cf an illegitimate person, if his mother's nationality at the time of the person's birth was that of the Party„- 4. The national law of a Party may make the acquisition t>f its nationality in accordance with paragraph 3 conditional on the person concerned lodging with the appropriate authority, before he attains the age of 23 years, a declaration in that behalf, and on his being normally resident in the territory **»f the Party at the time of the lodging of the declaration and for a period not exceeding three years immediately preceding that time. UNITED NATIONS Distr. r F N F R A I .fitfvxas&m LIMITELIMITED r C C AA D I V SH^»"^/iflW A/C0NF.9/L.10/W.1 —sr v— Original: ENGLISH/FRENCH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS Denmark, France, Netherlands, Switzerland, United Kingdoms Joint amendment to article 1 of the draft convention on the reduction of future statelessness Article 1 Replace article 1 "by the following: 1, A Party shall grant its nationality to a person born in its territory who would otherwise be stateless, either (a) at birth by operation of law, or (b) upon a declaration being lodged with the appropriate authority either by or on behalf of the person. A Party applying the system under (b) may, furthermore, grant its nationality by operation of law under the conditions provided for by its legislation. 2. The national law of a Party may make the acquisition of its nationality in accordance with paragraph l(b) conditional - (a) on the declaration being lodged after the person has attained an age not exceeding eighteen years| and (b) on the declaration being lodged before the person has attained an age not less than twenty-one years, provided that the persan shall be allowed at least one year during which he can make the application by himself; and (c) on the person having been normally resident in its territory for a period immediately preceding the lodging of the declaration not exceeding five years, and for not more than ten years in all. A/C0NF.9/L.10Aev.l page 2 3. A Party shall grant its nationality to a person who is stateless and who, in consequence of such national law as mentioned in sub paragraph (b) or (c) of paragraph 2 cannot acquire the nationality of the State in which he is born, if his parents' nationality at the time of the -person's birth was that of the Party. If the parents had not the same nationality at the time of the person's birth the national law of the Party shall decided whether the national status of the person shall follow that of the father or that of the mother. 4. The national law of a Party may make the acquisition of its nationality in accordance with paragraph 3 conditional on the person concerned lodging with the appropriate authority, before he attains the age of 23 years, a declaration in that behalf, and on his being normally resident in the territory of the Party at the time of the lodging of the declaration and for a period not exceeding three years immediately preceding that time. UNITED NATIONS ASSEMBLY W3È ffiW ^^"^^ Original : HEG-USE CITIONS CONFiïrLliNCS ON TE, ELIMINATION OR ÏC0UGTÏOÏÏ OS1 J\JTÏÏ£& ST UNITED KING-DOM : Amendment to article 8 of the draft convention on the reduction of future statelessness Article 8 Substitute for Article 8 the following : 8. (1) Subject to the provisions of this Article /end of Article 1/, Li Party shell not deprive s. person of its nationality if such deprivation would render him stateless, (2) The national lew of a Perty may make provisiun thet a person may be deprived of its nationality - (a) in the case ùf e naturel born national, on the ground of voluntarily entering or continuing in the service of a foreign country in disregard ôf en express prohibition by the Party; (b) in the c&.se of & national other than a. natural born national, on the ground of - (i) false representation or fraud for the purpose of obtaining the PertyTs nationality, or (ii) treachery or disloyalty, or (iii) voluntarily entering or continuing in the service of a foreign country in disregard of an express prohibition by the Party, (iv) residence in his country of origin for a period specified by the law of the Party, or (3) In the ctses in which deprivation is permitted under paragraph (2) °f this Article, a national of a Party shell only be deprived of his nationality in accordance with procedure established by law, which shall provide for submission °f the ct;se to an independent body of e judioiesl character. (4) Subject to Article 9, a Party may deprive of its nationality a person who possesses et the time another nationality. UNITED NATIONS GENERAL «SU g* ASSEMBLY ^Sp^F A/CONl.Q/L.ll/Corr.l Original: MGLISH UNITED NATIONS COKF/ÊLÏNCiii ON TH3 OH i&iDUCtflON Oi1 'JUTU&, ^IS^LuJSÏ UNITED 2ŒNGD0M: .^nendment to article 8 of the draft, convention on the reduction of future stetelessness CORRIGENDA 1. In paragraph (l), osnit the words UJ_ end of Article I/1"'. 2. Substitute the following for sub-paragraph (iv) of paragraph (2)(b) : "residonco abroad for a period ©f not less than seven consecutive yerirs, to be specified by the law of the Party, if he has failed to doclare to the appropriate authorities his intention to retain his nationality1-. In.) Distr. UNITED NATIONS LIMITED A/C0NF.9/b.l2 GENERAL 2 April 1959 ENGLISE ASSEMBLY Original: FRENCH UNITED NATIONS CONFERENCE ON THE ELIMINATION OK REDUCTION OF FUTURE STATELESSNESS BELGIUM: Amendment to article 5 of the draft convention on the reduction of future statelessness Article 5 Add a second paragraph reading as follows: Notwithstanding the foregoing provision, however, the recognition of an uneraancipated minor child may entail loss of the nationality conferred upon him by presumption of law, even if he does not possess or acquire any other nationality. UP.) UNITED NATIONS Distr. LIMITED GENERAL A/CONF.9/L.13 2 April 1959 ASSEMBLY ENGLISH Or i gi na 1 : ENGUSH/PRENCH/ SPANISH UNITED NATIONS CONFERENCE ON THE ELIIvlINATION OR REDUCTION OF FUTURE STATELESSNESS DENMARK; Amendment to article 2 of the draft convention on the reduction of future statelessness Article 2 Replace the present text by the following: A foundling found in the territory of a Party shall, in the absence of proof to the contrary, be considered as a national of that Party. Us.) yMlTED NATIONS Distr. LIMITED GENERAL A/C0NF.9/L.14 2 April 1959 ASSEMBLY ENGLISH Original : FRENCH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR INDUCTION OF FUTURE STATELESSNESS FRANCE: amendment to the amendment (A/CONF.9/L.11) -proposed by the United Kingdom to article 8 of the draft convention on the reduction of future statelessness Add the following to paragraph (2) (b): (v) having been sentenced, for a criminal act, io a penalty of imprisonment fox* a term of not less than five years. 2. In paragraph (3), replace the words "independent body of a judicial character" by the words "independent body of a jurisdictional character", yNlTED NATIONS Distr. LBHTED GENERAL A/CONF.9/L.15 2 April 1959 ASSEMBLY Original! ENGLISH UNITED NATIONS CONFERENCE ON THE EL BUN AT ION OR REDUCTION OP FUTURE STATELESSNESS CEYLON: Amendment to the .joint amendment (A/C0NF.9/L.10/Rev.l) to article 1 of the draft convention on the reduction o,f future statelessness 1. Delete paragraph 1 (b) and substitute the following as new paragraph 1 (b): On an application made to the appropriate authority either by or on behalf of the person in accordance with the requirements of the national lav; in the territory in which the person resides and on satisfying the authority that he has complied with the qualifications required by such law. 2# Substitute for the word "declaration" wherever it occurs in paragraph 2 of the joint amendment the word "application". P.) UNITED NATIONS Distr. LIMITED GENERAL A/C0NP.9/L.16 ASSEMBLY 2 April 1959 Original: ENGLISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS CEYLON; Amendment to article 7 of the draft convention on the reduction of future statelessness Article 7 1. Substitute for paragraphs 1 and 2 the following paragraph! A person who initiates a procedure for naturalization in a foreign country or who, with the intention of seeking such naturalization, initiates for that purpose a procedure of renunciation, shall not lose his nationality unless he possesses or acquires another nationality. The national law of any Party may, however, provide that the sole ground for renunciation shall be that such person is assured of another nationality. 2. Re-number paragraph 3 of present text as paragraph 2. p.) UNITED NATIONS Distr. LIMITED GENERAL A/C0NFo9/Ln17 ASSEMBLY 2 April 1959 Original; ENGLISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS PAKISTAN s jffliendment to article 7 of the draft convention on the reduction of futurs statelessness Article 7 After the words "or on any other similar ground" add the words "provided that he has complied with the procedure prescribed by the national law of the Party.» UP.) Distr, UN1TED NATIONS LIMITED A/CÛNF.9/L.18 GENERAL 3 April 1959 ENGLISH ASSEMBLY Original: FRENCH UNITED NATIONS CONFERENCE QN TES ELIMINATION OR SEDUCTION OF FUTlTiE STATELESSNESS F.SD3RAL REPUBLIC OF GERMANY : Amendment to the .joint amendment (A/CQNF.9/L»10/^e'vr«l) to article 1 of the draft convention on the reduction of future statelessness 1. After paragraph 2 (c), add a new sub-paragraph worded as follows: (d) on the person not having acquired a nationality at birth or subsequently. 2. Add the following at the end of paragraph 4: "...•, and also on his not having acquired a nationality at birth or subsequently." P.) Distr. UNITED NATIONS LIMITED A/C0NP.9/L.19 GENERAL 3 April 1959 ENGLISH ASSEMBLY Original : FRENCH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS BELGIUM: Amendment to the .joint amendment (A/C0NF.9/L.10/Rev.I) to article 1 of the draft convention on the reduction of future statelessness 1. In paragraph 2, delete the words "The national law of". 2. In paragraph 2(b), insert before the semi-colon at the end the words "and without having to obtain legal authorization to do so". 3. Add to paragraph 2 a sub-paragraph (d) reading as follows: "on the person not having been sentenced, for a criminal act, to imprisonment for a term of not less than five years, and on his not having been guilty of an act detrimental to national security", 4. In the fourth line of paragraph 3, replace the words "State in which" by the words "Party in whose territory". 5. In the penultimate line of paragraph 4, replace the words "a period not not exceeding three years" by the words "a period the required duration of which shall not exceed three years". dp.) NATIONS Distr. LIMITED GENERAL A/C0NF.9/L.20 ASSEMBLY 3 April 1959 Original-. ENGLISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS UNITED KINGDOM; Amendment to article 10 of the draft convention on the reduction of future statelessness Article 10 Substitute for article 10 the following: 1. Every treaty between Parties providing for the transfer of a territory shall include provisions designed to secure that no person shall become stateless as a result of the transfer. A Party shall use its best endeavours to secure that any such treaty made by it with a State which is not a Party to this Convention includes such provisions. 2. In the absence of such provisions a Party to whioh territory is transferred or which otherwise acquires territory shall confer its nationality on such persons as would otherwise become stateless as a result of the transfer or acquisition. UNITED NATIONS GENERAL ft^fl Distr. W Vt L Jl A r r r AA D I V "^^J^" ^'-- -^ W 3A/C0NF.A/CONF.9/L.2 A ril <1959 1 ASSEMBLY s^lir 3 ApriP l Original: ENGLISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS UNITED KINGDOM: Amendment to article 4 of the draft convention on the reduction of future statelessness For article 4 substitute the following article: 1. A Party shall grant its nationality to a person who is not born in the territory of a Party and who would otherwise be stateless, if his parents' nationality at the time of the person's birth was that of the Party. If the parents had not the same nationality at the time of the person's birth, the national law of the Party shall decide whether the national status of the person shall follow that of the father or that of the mother. Nationality granted in accordance with this paragraph shall be granted either (a) at birth by operation of law, or (b) upon a declaration being lodged with the appropriate authority either by or on behalf of the person. 2. A Party may make the acquisition of its nationality in accordance with paragraph 1 conditional on the person concerned lodging with the appropriate authority, before he attains the age of 23 years, a declaration in that behalf, and on his being normally resident in the territory of the Party at the time of the lodging of the declaration and for a period the required duration of which shall not exceed three years immediately preceding that time. UNITED NATIONS Distr. GENERAL LIMITED A/C0NF.9/L.22 ASSEMBLY 6 April 1959 Original: ENGLISH WIT3D NATIONS CQNF.JÎRSNC.JJ W !im ELIMINATION OR REDUCTION OF FUTURS S PAKISTAN: Amendment to -jticle 5 »f the draft convention on the reduction of future atateleasness irt i cle_ _5 it the end of the article insert a comma after the word "nationality11 and add i[or upon the procedure prescribed by the national law of the Party." UNITED NATIONS Distr, LIMITED GENERAL A/CONF.9/L.23 ASSEMBLY 6 April 1959 Original i ENGLISH UNITED NATIONS CONFERENCE OK THE ELIMINATION OH SEDUCTION OF FUTURS STATELESSNESS ^p/^jJ^^o article 9 of J;he_.draft4 Convention on reduction of future st^telessness Article, 9, Delete the words "or political" and insert "or" between the words "ethnic" and "religious". UNITED NATIONS Distr. GENERAL 00M ASSEMBLY <^30 yg-^ Original: ENGLISH D NATIONS CQNFLiîBNOE ON THBi JÏLIMINATIPN OR REDUCTION OF SUTflSS STAOSLJS&SKdlSS UNITED KINGDOM: ..-.iiiendment to articles 11 and 16 of the draft convention on the reduction gf future statelessness Article 11 Substitute for paragraph 1 the following: 1. The Parties shall support the establishment within the framework of the United Nations, as soon as may be after the deposit of the /sixth/ instrument of ratification or accession, of an agency with the duty of supervising the execution of this Convention. Delete paragraphs 2 and 3 Substitute for paragraph 4 the following: 2. Any dispute betweon Parties concerning tho inter- pretation or application of the Convention which cannot be settled by other means shall be submitted to the International Court of Justice at the request of any of the Parties tu the dispute. Article 16 Add at the end the following: 2. The Secretary-General of the United Nations shall, after the deposit of the /sixth/ instrument of ratification or accession, bring to the attention of the General Assembly the question of the establishment, in accordance with article 11, of such an agency as is therein mentioned» dp.) UNITED NATIONS Distr. LIMITED GENERAL A/C0NF.9/L.25 7 April 1959 ASSEMBLY ENGLISH Original ; FRENCH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS TURKEY; Amendment to article 8 nf the draft oonventinn on the reduction of future statelessness Article 8 Replace paragraph 1 of article 8 by the following text; 1. The nationals of a Contracting Party who are resident in the country shall not lose or be deprived of their nationality if such loss or deprivation renders them stateless, 2. The national law of a Contracting Party may provide that a persnn shall be deprived of his nationality if he voluntarily enters or continues in the service nf a foreign country in disregard of an express prohibition or if, being abroad, he is liable for military service and fails without good cause to report when Officially called up. 3. A nationality acquired by naturalization may be withdrawn; (i) if the nationality was obtained by false representation\ (ii) if the person naturalized commits an act detrimental to the security of the State which granted the naturalization^ (iii) if residence in the country of origin exceeds the period of residence specified by the law of the Party which granted the naturalization. UNITED NATIONS _4f,<-?>^ Distr# GENERAL LIMITED A/00i\TF.9/L.26 7 April 1959 Original: UNITED WUJ?IOKC- CQN^tJNGe; ^N TSS JLIKINATION DNITiiD jiIi^GDOH: Pro^og^ new article containing territorial application clause After article 12 insert the following article: 1. This Convention shall apply to all non-self-governing, trust, colonial and other non-metropolitan territories for the international relations of which any Contracting State is responsible; the Con- tracting State concerned shall, subject to the provisions of paragraph 2 of the present article, at the time of signature, ratifica- tion or accession, declare the non-metropolitan territory or territories to which the Convention shall apply ipso facto as a result of such signature, ratification or accession. 2. In any case in which, for the purpose of nationality, a non- ii'.etropolitan territory is not treated as one with the metropolitan terri- tory, or in any csse in which the previous consent of a non-metropolitan territory is required ly the constitutional laws or practices of the Contracting Ltate or of the non-metropolitan territory f^r the application of the Convention to that territory, that Contracting State shall endeavour to secure the needed consent of the non-metropolitan territory xàthin the period of twelve months from the date of signature of the Convention by thst Contracting State, and when such consent has been obtained the Contracting Party shall notify the Sscretary-General of the United Nations. The present Convention shall apply to the territory or territories named in such notification from the date of its receipt by the Secretary-General. 3. After the expiry uf the twelve-month pericd in paragraph 2. of the present article, the Contracting States concerned shall inferm the Secretary-General of the results of the consultations with th'îse non- metropolitan territories for whose international relations they are x P» ) responsible and whese consent to the application of the present J-T-T 1 UNITED NATIONS Distr. GENERAL A/COM1.9/L. 27 ASSEMBLY 7 April 1959 Original: MGLLSÏÏ UNITED Ni_TIONl à! QN OR REDUCTION 0? FUTUR CANADA. KiMMABK. FJ5IXSKA.L REPUBLIC Off G&HMAHY; Joint amendment to article 7 of the draft convention on the redaction of future statelessness Replace paragraph 3 of the article by the following: A person who at birth or at the latest one year after having come of age has acquired the nationality of a Contracting State shall not lose his nationality, so as to become stateless, on the ground of absence from the territory of that state. If the person is born outside the territory of the Contracting State, the Contracting State may make retention of its nationality after the person's coming of age conditional upon the person having had residence in its territory. Other nationals may lose their nationality on account of residence abroad for the period specified by the law of the Contracting State, which period shall not be shorter than seven consecutive years. UNITED NATIONS Distr. LIMITED A/C0NP.9/L.27/Rev.l GENERAL 7 April 1959 ASSEMBLY Originals ENGLISH UHITEÛ NAT]ONS CONFERENCE ON THE ELIMINATION OS REDUCTION OF FUTURE STATELESSNESS CANADA, DENMARK, FEDERAL REPUBLIC OF GEHMANY: Joint amendment to article 7 of the draft convention on the reduction of future statelessness iieplace paragraph 3 of the article by the following: A person who at birth or at the latest one year after having come of age has, other than by naturalization, acquired the nationality of a Contracting State shall not lose his nationality, so as to become stateless, on the ground of absence from the territory of that state. If the person is born outside the territory of the Contracting State, the Contracting State may make retention of its nationality after the person's coming of age conditional upon the person having had residence in its territory. Other nationals may lose their nationality on account of residence abroad for the period specified by the law of the Contracting State, which period shall not be shorter than seven consecutive years. UNITED NATIONS Distr. GENERAL ASSEMBLY 7 April 1959 Originel : ENGLISH UD NATIONS CONEH2:lJ.\CJii ON TE, 3LIIUNCTION OK INDUCTION 0^ FUTURE sa^^ PAKISTAN ; Amendment to the .joint imendment (A/0Œ\IH'.9/L.27) -pro-posed by Cc.nc.dL., Denmark c\nd JFeder^l Republic of i^erniçnj; convention on the rjductip_n_pX future sti telessness Insert after the first sentence a new sentence as follows : The Contracting Stcte mty, however, make the retention of its nationtility conditional upon registration. UNITED NATIONS Distr. ERAL LIMITED ASSE B L Y lg£3F tfS'S»9 ENGLISH Original: FRENCH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS 3EI/TIUM ; New draft article inserting; a territorial application clause in the draft convention on the reduction of future statelessness After article 12, insert the following article: 1. Any State may, at the time of signature, ratification or accession, declare that this convention shall extend to all or any of the territories for the international relations of which it is responsible. Such a declaration shall take effect when the Convention enters into force for the State concerned. 2. At any time thereafter any such extension shall be made by notification addressed to the Secretary-General of the United Nations and shall take effect as from the ninetieth day after the day of receipt by the Secretary-General of the United Nations of this notification, or as from the date of entry into force of the Convention for the State concerned, whichever is the later, 3. With respect to those territories to which this convention is not extended at the time of signature, ratification or accession, each State concerned shall consider the possibility of taking the necessary steps in order to extend the application of this convention to such territories, subject, where necessary for constitutional reasons, to the consent of the governments of such territories. text is identical with article 36 of the 1954 Convention relating to the Status of Stateless Persons. (i UNITED NATIONS Distr. LIMITED ii/C0NF.9/L<30 GENERAL 7 April 1959 ASSEMBLY Original: ENGLISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS EFFECT OF CONVENTION Report of the Working Group The forking Group consisting of the Representatives of China, Israel, Switzerland and the United Kingdom has, in accordance with the mandate given to it by the Committee of the Whole, prepared the following draft of a text for the consideration of the Committee, In the event of its being acceptable to the Committee, it is suggested that the following provisions may be inserted as a separate article between articles 13 and 14 of the draft convention, 1. A Contracting Party which does not grant its nationality at birth by operation of law in accordance with articles 1 or 4 shall apply the said articles in regard also to persons who were born before the date on which the Convention enters into force and who have not passed the maximum age required by national legislation for the granting of such nationality. 2. Paragraph 3 of article 1 shall not be restricted to persons born after the Convention comes into force. 3. Article 2 shall apply only to foundlings found after the Convention enters into force. 4. Provisions as to loss of nationality under articles 5, 6, 7, 8 and 9 shall apply to the relevant events occurring after the entry into force of the Convention, UNITED NATIONS GENERAL Distr. LIMITED ASSEMBLY A/CQKF.^/L.31 8 April 1959 Original: ENGLISH NATICMS COMaJKdiN'CJi ON THÉ OR EDUCTION OF J : Amendment to article 7 of the draft convention on the reduction of futurs statelessness Article 7, paragraph 3, to read as follows: Subject to the following provisions, a person shall not lose his nationality, so as to become stateless, on the ground of departure, stay abroad, failure to register, or on any similar ground. A naturalised person may lose his nationality on account of residence abroad for the period specified by the law of the Contracting State, which period shall not be shorter than seven consecutive years. In regard to a person, who has acquired the nationality of a Contracting State at birth, and who is born outside the territory of that State, the legislation of that State may make the retention of its nationality from a date one year after the person's coming of age conditional upon registration. ft yNlTED NATIONS (j t IN t l\ A L ^^^®/P A/C0^'.9/L.32 ASSEMBLY ^^^^r 8 April 1959 Original: tMITÏÏD IRIONS CQNEKHSNCii; ON T^h- ELIMINATION OR REDUCTION 03' FUTURS STA to the amendntont (A/C0Mff.9/L,ll_). proposed by th^j United Kingdom to article B_pt_th^__dxaft_ convention on the reduction of future stcitQlt>ssness In pi-a"ograph (2) replace sub-paragraph (b)(ii) by the following; (ii) the parson having bean sentenced, for trsaohory or disloyalty, to imprisonment for à term of not less than five yoars, ov ft».) UNITED NATIONS Distr, LIMITED GENERAL A/CONF.9/L.33 8 April 1959 ASSEMBLY ENGLISH Original: FRENCH TTNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS BELGIUM; Amendment to the amendment (A/CONF.9/L.24.) proposed by the United Kingdom to articles 11 and 16 of the draft convention on the reduction of future statelessness Article 11« paragraph 1 1. Replace the words "shall support the establishment" by the words "undertake to promote the establishment", 2. Replace the words "agency with the duty of supervising the execution of this Convention" by the words "agency to which persons claiming to be entitled to the benefit of this Convention may apply for examination of their claim and its submission to the competent authority". Article 16. paragraph 2 Add the words "at the latest" after the word "shall". (1 UNITED NATIONS Distr. GENERAL I3KI0SÏD ASSEMBLY 8 April 1959 Originel : ENGUSH TJNIÏ^D NATIONS COWFJKSÎ1C33 OF THS ELIMINATION OR REDUCTION QF JJUTUR2 ISRAEL Amendment tt> article 6 of the draft convention the reduction of future statelessness Affriole 6 At the end of the article add : The national law cf n Party mcy exclude fr^m the Qpplication of this article children both of whose pcrents he^re ceased to fee nationals of the Party end who have themselves ceased to be normally resident in its territory. P.) yHlTED NATIONS Distr. GENERAL LIMITED A/C0NF.9/L.35 ASSEMBLY 8 April 1959 Original: ENGLISH UNITED NATIONS OONÎEEENGE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS , DENMARK, FEDERAL REPUBLIC OF GERMANY. ITALY and NETHERLANDS: Joint amendiiient to article 7, paragraph 3 of the draft Convention on the reduction of future statelessness Article 7s paragraph 3 to be replaced by the following: 3. Subject to the following provisions, a person shall not lose his nationality, so as to become stateless, on the ground of departure^ stay abroad, failure to register, or on any similar ground. 4. .L naturalised person may lose his nationality on account of residence abroad for a period of not lees than seven consecutive years5 to be specified by the law of the Contracting State, if he fails to declare to the appropriate authorities his intention to retain his nationality. 5. In regard to a national who is born outside the territory of the Contracting State concerned and his never resided in the territory of that State, the legislation of that State may make the retention of its nationality from a date one year after the person's coming of age conditional upon registration. Up.) UNITED NATIONS GENERAL ASSEMBLY •riginal: ENGLISH UNITED NATIONS i^Ck ON THcî o±£ EDUCTION ©a? C.'JfctDA: amendment to the aiiendment (A/COftTff.9/L.3.1) proposed by the United Kingdom to article 8 of the draft convention on the reduction of future statelegsnee^ 1. In paragraph 2 (a) insert the following words immediately before the semi-colon: or, when not under a disability7 on the grounds (1) of having taken or made an oath, affirmation or other declaration of allegiance to a foreign countryf or (2) of having made a declaration renouncing his nationality • 2. In paragraph 2 (b) add the following: (v) when not under a disability, having tcken or made an oath, affirmation or other declaration of allegiance to a foreign country, or (vi) when not iinder a disability, having inad© a declaration h.ia nationaii.ty'# yNlTED NATIONS r- r kl Ë P 4 1 'W .^3^^, Distr. LIMITED Q t N t K r\ L l^^y^:1^! ASSEMBLY '^ï:1^' A/C0NI.9/L.37 JL Y ftj ' ^^^=^ O9r Apri i gi nall 195: 9SNGLISH D NAÏI0N8 CONj^ci^C^ ON THE OH i&DUCTION OF FUTURE STAG Drr?ft protocol on the establishment of a special agency and a trilyimal relating; to the Convention on the Reduction of Statelessness Article_1 1. The Contracting States, parties to the Convention on the Seduction of Statelessness, hereafter quoted as the Convention, undertake to establish, within the framework of the United Nations, an agency to act, when it deems appropriate, on behalf of stateless persons before Govern- ments, international organizations and the tribunal referred to in paragraph 2. 2. The Contracting States undertake to establish, within the framework of the United Nations, a tribunal which shall be competent to decide any dispute between them concerning the interpret fit ion and application «f this Convention, which cannot be settled by other means, and to decide complaints presented by the agency referred to in paragraph 1 on behalf of a person claiming to have been denied nationality in violation of the provisions of this Convention. 3. If, within two years after the entry into force of this Protocol, the agency or the tribunal referred to in paragraphs 1 .and 2 has not been established by Contracting States , any of these States shall have the right to request the General Assembly of the United Nations to establish such agency or tribunal. 4. Until the tribunal referred to in paragraphs 2 and 3 has been established, any dispute between Contracting States relating to its inter- pretation or application, which cannot be settled by other means, shall be referred to the International Court of Justice at the request of any one °£ the parties to the dispute. 2. .Article 2 1. At the time of signature, ratification or accession any State mny mrlce a reservation with respect to the tribunal referred to in article 1 2. Any State making a reservation in accordance with paragraph 1 of this article may at any tine withdraw the reservation by a commun!cation to that effect addressed to the Secretary-General of the United Nations. Article 3 Articles of the Convention shall apply also to this Protocol, provided however, that this Protocol only shall come into force on the ninetieth day following the day of deposit of the sixth instrument of ratification or accession relating to this Protocol. Article 4 The Secretary-General of the United Nations shall inform all Members of the United Nations and non-member states referred to in article of the Convention: a) of signatures, ratification and accessions relating to this Protocol; b) of reservations an# withdrawals of reservations in accordance with article 2; c) of the date on which this Protocol will come into force; d) of the establishment of the agency and of the tribunal referred to in article 1; G) of denunciations. IN WITNESS WHUREGtf the undersigned plenipotentiaries, being duly authorized thereto by their respective governments, have signed this Protocol. DONE AT GJMVl^ this day of April one thousand nine hundred and fifty-nine. UNITED NATIONS ~;istr. LIMITED GENERAL A/CONP.9/L.38 9 April 1959 ASSEMBLY ENGLISH Original: FRENCH UNITED NATIONS CONFE1ÎENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS New draft article The provisions of this Convention shall be without prejudice to any provisions more favourable to the reduction of statelessness contained in the laws of any- Contracting State at present in force or which may enter into force hereafter, or contained in any other convention, treaty or agreement at present in force or which may enter into force hereafter between two or more Contracting States. a p. UNITED NATIONS GENERAL ASSEMBLY Original : :ïiHCKLISH IHET-2D NATIONS COEmELMCS ON TEL SLIFJNATION OR INDUCTION OF FUTURE STA.T:IÎI3SSKiîSS Article 8 ISRAEL : Amendment to United Kingdom Amendment (A/COKff.9/L, 11 end Corr.l) to -article 8 of the dr£,ft convention on the reduct_io_n •of future stqtelessness (2) (b) (iv) : Add at the end of the "or if he his no effective connection with such St^te". A UNITED NATIONS srf^-3^ w LIMITS A/C0NF.9/L-40 9 April 1959 ASSEMBLY n —-^v^ Original: ENGLISH/PRENCE/SPANISH HATIONS CONFERENCE ON TEE ELIMINATION OB REDUCTION OP FUTURE STATELESSNESS Text of articles adopted by the CoiTuaittee of the Ylhole and revised by the Drafting Committee (Articles 1, 2, 3, 4, 5, 7, 10, 12, 15) Article 1 1, A Contracting State shall grant its nationality to a person born in its territory who would otherwise be stateless. Such nationality shall be granted: (a) at birth, hy operation of law, or (b) upon an application being lodged with the appropriate authority, by or on behalf of the person concerned, in thenanner prescribed by the national law. Subject to the provisions of paragraph 2 of this Article, no such application may be rejected. A Contracting State which grants its nationality in accordance with sub-paragraph (b) of this paragraph may also grant its nationality by operation of law at such age and subject to such conditions as may be prescribed by the national law. 2. A Contracting State may make the grant of its nationality in accordance with sub-paragraph (b) of paragraph 1 of this article subject to one or more of the following conditions: (a) that the application is lodged during a period, fixed by the Contracting State, beginning not later than at the age of eighteen years and ending not earlier than at the age of twenty-one years, so, however, that the person concerned shall be allowed at least one year during which he may himself make the application without having to obtain legal authorization to do so,* (b) that the person concerned has habitually resided in the territory of the Contracting State for such period as may be fixed by that State, not exceeding five years immediately preceding the lodging of the application nor ten years in all. A/C0KP.9/L.40 page 2 3. «A. Contracting State shall grant its nationality to a person vrho would otherwise be stateless and vrho is unable to acquire the nationality of the Contracting Stat& in whose territory he was born because he has passed the age for lodging his application or lias not fulfilled the required residence conditions, if the nationality of one of his parents at the tirae of the person's birth was that of the Contracting State first above mentioned. If his parents did not possess the same nationality at the tirae of his birth, the question whether the nationality of the person concerned should follow that of the father or that of the mother shall be determined by the national law of such Contracting State. If application for such nationality is required, the application shall be made to the appropriate authority by or on behalf of the applicant in the manner prescribed by the national law. Subject to the provisions of paragraph 4 of this Article, such application shall not be refused. 4. The Contracting State may make the grant of its nationality in aocordance with the provisions of paragraph 3 of this Article subject to one or both of the following conditions: (a) that the application is lodged before the applicant reaches an age, being not less than twenty-three years, fixed by the Contracting State; (b) that the applicant has habitually resided in the territory of the Contracting State for such period immediately preceding the lodging of the application, not exceeding three years, as may be fixed by that State. Artiole 2 A foundling found in the territory of a Contracting State shall, in the absence of proof to the contrary, be considered a national of that State. Article 3 For the purpose of this Convention, (a) birth on a ship flying the flag of a Contracting State, or (b) birth in an aircraft registered in a Contracting State, shall be deeded- to have taken place in the territory of that State. Article 4 1. A Contracting State shall grant its nationality to a person, not born in territory of a Contracting State, who would otherwise be stateless, if the nationality of one of his parents at the time of the person's birth was that A/CGÎJF.9/L.40 page 3 that State. If his parents did not possess the same nationality at the time of his birth, the question whether the nationality of the person concerned should follow that of the father or that of the mother shall be determined by the national law of such Contracting State. Nationality granted in accordance with the provisions of this paragraph shall be granted: (a) at birth, by operation of law, or (b) upon an application being lodged with the appropriate authority, by or on behalf of the person concerned, in the manner prescribed by the national law. Subject to the provisions of paragraph 2 of this Article, no such application may be rejected, 2. A Contracting State may make the grant of its nationality in accordance with the provisions of paragraph 1 of this Article subject to one or both of the following conditions: (a) that the application is lodged before the applicant reaches an age, being not less than twenty-three years, fixed by the Contracting State; (b) that the applicant has habitually resided in the territory of the Contracting State for such period immediately preceding the lodging of the application, not exceeding three years, as may be fixed by that State. Article 5 If the law of a Contracting State entails loss of nationality as a consequence of any change in the personal status of a person such as marriage, termination of marriage, legitimation, recognition or adoption, such loss shall be conditional upon possession or acquisition of another nationality. Article 7 1» Renunciation, if permitted by the law of a Contracting State, shall not result in loss of nationality unless the person renouncing it possesses or acquires another nationality. 2» A national of a Contracting State who seeks naturalization in a foreign country shall not lose his nationality unless he acquires or is assured of acquiring the nationality of that foreign country. 3t Subject to the provisions of paragraphs 4 and 5 of this Article, a national °f a Contracting State shall not lose his nationality, so as to become stateless, on the ground of departure, residence abroad, failure to register or on any similar «round. A/C0KF.9/L.40 page 4 4. A naturalized person may lose his nationality on account of residence abroad for a period, not less than seven consecutive years, specified by the law of the Contracting State concerned if he fails to declare to the appropriate authority his intention to retain his nationality. 5. In the case of a national of a Contracting State, born outside its territory, who has never resided therein, the law of that State may make the retention uf its nationality after the expiry of one year from his attaining his majority, conditional upon registration. Article 10 1. Every treaty between Contracting States providing for the transfer jf a territory shall include provisions designed to secure that no person shall become stateless as a result of the transfer, A Contracting State shall use its best endeavours to secure that any such treaty made by it with a State which is not a party to this Convention includes such provisions. 2. In the absence of such provisions a Contracting State to which territory is transferred or which otherwise acquires territory shall confer its nationality on such persons as would otherwise become stateless as a result of the transfer or acquisition. Article 12 1. This Convention shall be opened for signature at Geneva on 17 April 1959 and shall thereafter be deposited with the Secretary-General of the United Nations. It shall be open for signature at the European Office of the United Nations from 17 April to 30 June 1959 and shall be re-openecî for signature at the Headquarters of the United Nations from 3 August 1959 to 31 December 1960. 2. It shall be open for signature on behalf of: (a) Any State Lienber of the United Nations; (b) Any other State invited to attend the United Nations Conference m Elimination or Reduction of Future Statelessnessi (c) Any State to which an invitation to sign or to accede may be addresse by the General Assembly of the United Nations. 3. It shall be ratified and the instruments of ratification shall be deposi with the Secretary-General of the United Nations. Article 15 Any Contracting State may denounce this Convention at any time by & vrri notification addressed to the Secretary-General of the United Nations. •p i denunciation shall take effect for the said Party one year after the date ° receipt by the Secretary-General. UNITED NATIONS Distr. LI1.JTED GENERAL A/C0NF.9/L.40/Add.l 13 April 1959 ASSEMBLY ENGLISH Original : ENGLISH/FÏÏENCH/SPANISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OB REDUCTION OF FUTURE STATELESSNESS Text of articles adopted by the Committee of the Whole and revised by the Drafting Committee (Article 14 and new article) Article 14 1. The present Convention shall enter into force two years after the date of the deposit of the sixth instrument of ratification or accession. 2, For each State ratifying or acceding to this Convention after the deposit of the sixth instrument of ratification or accession, it shall enter into force on the ninetieth day after the deposit by such State of its instrument of ratification or accession or on the date on which this Convention enters into force in accordance with the provisions of paragraph 1 of this article, whichever is the later. New article 1. A Contracting State may, at the time of signature, ratification or accession, declare that this Convention shall extend to all or any of the territories for the international relations of which it is responsible. Such a declaration shall take effect when the Convention enters into force for the State concerned. 2. At any time thereafter any such extension shall be made by notification addressed "to the Secretary-General of the United Nations and shall take effect as from the ninetieth day after the day of receipt by the Secretary-General of the United Nations °f this notification, or as from the date of entry into force of the Convention for the State concerned, whichever is the later. •*• With respect to those territories to which this Convention is not extended at the time of signature, ratification or accession, each State concerned shall consider the possibility of taking the necessary steps in order to extend the application of nis Convention to such territories, subject, where necessary for constitutional reasons, to the consent of the governments of such territories. UNITED NATIONS Distr. GENERAL LIMITED A/C0NF.9/L.40/Aad 2 ASSEMBLY 13 April 1959 ENGLISH Original: ENGLISH/FRENCH/SPANISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS Text of articles adcrpted by the Corernittee of the Whole and revised by the Drafting Committee (Articles 6, 9 and new article) Article 6 If the law of a Contracting State provides for loss of its nationality by a person's spouse or children as a consequence of the loss of that nationality by that person, such loss shall be conditional upon their possession or acquisition of another nationality. Article 9 A Party may not deprive any person or group of persons of their nationality on racial, ethnic, religious or political grounds. New article This Convention shall not be construed as affecting any provisions more favourable to the reduction of statelessness which may be contained in the laws of any Contracting State now or hereafter in force, or may be contained in any other convention, treaty OT agreement now or hareafter in force between two or Contracting States. yNlTED NATIONS DlBtr. ^-g-^ LIMITED É /5p§Sfo A/C0NF.9/L.40/Add 3 U A ril 1959 WKV&W/m OriginalP : ENGLISH/FRENCH/ ASSEMBLY ^g|F SPANISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OB REDUCTION OP FUTURE STATELESSNESS Text of article 8 adopted by the Committee of the If/hole and revised by the Drafting Committee Article 8 (1) A Contracting State shall not deprive a person of its nationality if such deprivation would render him stateless. (2) At the time of signature, ratification or accession, a Contracting State may make a reservation to paragraph (l) of this article reserving to itself the right to deprive a person of its nationality, notwithstanding that he would thereby be rendered stateless, on such of the following grounds as may be specified at the time of signature, ratification or accession: (a) in the case of a natural born national, on the ground of: (i) having voluntarily entered or continued in the service of a foreign country in disregard of an express prohibition by the Contracting State, or (ii) having taken an oath or made a declaration of allegiance to a foreign country; (b) in the case of a national other than a natural born national, on the ground of: (i) false representation or fraud for the purpose of obtaining the Contracting State's nationality, provided that deprivation proceedings are brought within five years of the acquisition of that nationality, or (ii) having been convicted of a treasonable or disloyal act or, in the case of a person accused of such an act who is in a foreign country, failing to return for trial, or (iii) having taken an oath, or made a declaration of allegiance to a foreign country, or (a P.) A/C0NF.9/L.40/Add 3 page 2 (iv) having voluntarily entered or continued in the service of a foreign country in disregard of an express prohibition by the Contracting State, or (v) residence abroad for a consecutive period, being not less than seven years, specified by the law of the Contracting State concerned, if he has failed to declare to the appropriate authority his intention to retain his nationality or he has no effective connection with that State. (3) Where a Contracting State has made such a reservation as is mentioned in paragraph 2 of this article, a national of that State shall not be deprived of his nationality except in accordance with procedure established by law, shall pr«vid© for subc^sslou t>f +,b« eeis& to rt complet»ly indep*n&©»i Impartial body. UNITED NATIONS Distr. LIMITED GENERAL ASSEMBLY Original: ENGLISH/FRENCH/ SPANISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OB REDUCTION OF FUTURE STATELESSNESS Texts of articles adopted,by the Committee of the Whole and revised by the Drafting Committee (Article 11 and two new articles) Article 11 The Contracting States shall promote the establishment within the framework of the United Nations, as soon as may be after the deposit of the sixth instrument of ratification or accession, of a body to which a person claiming the benefit of this Convention may apply for the examination of his claim and for assistance in presenting it to the appropriate authority. New Article Any dispute between Contracting States concerning the interpretation or application of this Convention which cannot be settled by other means shall be submitted to the International Court of Justice at the request of any one of the parties to the dispute. New Article 1. In relation to a Contracting State which does not, in accordance with the provisions of article 1 or of article 4 of this Convention, grant its nationality at birth by operation of law, the provisions of paragraph 1 of article 1 or of article 4, as the case may be, shall apply to persons born before as well as to persons born after the entry into force of this Convention. 2. The provisions of paragraph 3 of article 1 of this Convention shall aPply "to persons born before as well as to persons born after its entry into force. 3. The provisions of article 2 of this Convention shall apply only to foundlings found in the territory of a Contracting State after the entry into force of the Convention for that State. dp.) UNITED NATIONS Distr. LILIM) A/C0NF.9/L.40/Add 5 GENERAL 16 Apr±l_125S ASSEMBLY Or i ginal : SPANISH UNITED N...'J?IONS CONE^NC^ ON Tïï^ JS OR REDUCTION OF FUTURE STATJL'L.SSN.USS Text s^ adopted_. by_ Jjhe. .Committee of the_ Whole and .revised_J Drcifting_ Goïiiiidtt.ee The Contracting States, Acting in pursuance of resolution 896 (IX), adopted by the General Assembly of the United Nations on 4 December 1954-, Considering it desirable to reduce statelessness by international agreement, Have signed as follows: FINAL £R0_VISI-0N_ IN WITNESS Wl/Lia/jOF the undersigned, duly authorized, have signed this Convention on behalf of their respective Governments. DONil at , this day of , one thousand nine hundred and fIfty- ...... in a single copy, of which the texts are equally authoritative and which shall remain deposited in the archives of the United Nations, and certified copies of which shall be delivered, by the Secretary-General of the United Nations, to all Members of the United Nations and to the non-member States referred to in article 19. dp.) UNITED NATIONS Distr, A/CON?.9/L,40/Add 5/Rev, GENERAL 16 ASSEMBLY ÏÏKGLIGK Original: UHIï-iiD H.JJ?ÏOHS COlTEilR^NC^ ON TE* ELIMINATION OR REDUCTION Oï FUTURE Text3_ adopted. by. jthe. PJ^S!^^^^J^J^À^^PAê..U.5!LZSCL^f-L The Contracting States, Acting in pursuance of resolution 896 (IX), adopted by the General Assembly of the United Nations on 4- December 1954, Considering it desirable to reduce statelessness by international agreement, Have d as follows: FINAL £RO_vTSION IF WITNESS WEiS-JCÏ1 the undersigned, duly authorized, have signed this Convention on behalf of their respective Governments. DOES at , this day of , one thousand nine hundred and fifty- , in a single copy, cf which the terbs are equally authoritative and which shall remain deposited in the archives of the United Nations, and certified copies of which shall be delivered, by the Secretary-General of the United Nations, to all Members of the United Nations and to the non-member States referred to In article 12, UNITED NATIONS A/COHF.Ç/L.4û/Add.6 GENERAL 17 A-oril 1559 ASSEMBLY Originals ENGLISH/FRENCH UlIIïED NATIONS C0N7E&3NCÎ3 ON THE ELIi/iIlIATION Qâ 33JUCTI0N OF FUTURE STATELESSNESS FINAL ACT OF THE CGrIFEvtSMCK Proposed oy the Drafting Committee and including Resolutions adopted by the Committee of the Whole and as revised bythe Drafting Committee 1, The General Assembly of the United Nations, by Resolution SÇ6(IX) of 4 December 1954, expressed a, desire that an international conference of plenipo- tentiaries be convened to conclude a- Convention for the Reduction or Elimination of Future Statelessness as soon as at least 20 States had communicated to the Secretary-General their willingness to co-operate in such a conference. The General Assembly requested the Secretary-General to fix the exact time and place for the conference when that condition had been met. The General Assembly noted that tfc© International LE,W Commission had submitted to it revised drafts of a Convention on the Slimin&tion of Future Statelessness and a Convention on the deduction of Future Statelessness in the 2eport of the International Law Commission covering its Sixth Session in 1954. The General Assembly requested the governments of States invited to participate in the conference to give early consideration to the merits of a- multilateral Convention on the Elimination or deduction of Future Statelessness. 2' Upon the fulfilment of the condition envisaged in the He solution of the General Assembly, the Secretary-General decided to convene the United Nations Conference on the Elinine-ti^n or deduction of Future Statelessness at the European Office of the United Nations at Geneva from 24 Larch to 17 April 1959; the Conference accordingly met at the European Office of the United Nations between "those dates. 3i The governments of the following 35 States were represented at the Conference: Ar&entin&, Austria, 3elgiuza, Brazil, Canada, Ceylon, Chile, China, Denmark, Dominican Republic, Federal Republic of Germany, France, Holy See, India, Indonesia, ra 4. The following governments vere represented by observer? at the Conférence» Finland, Greece. 5. The following intergovernmental organizations were represented by observer? at the Conference: Council of Europe Intergovernmental Committee for European Migration International Institute for the Unification of Frivate Law- League of Arab States 6. The Office of the High Commissioner for Refugees was also represented by on observer at the Conference, 7. The following non-governmental organizations attended the Conference, with the right to submit written or oral statements to the Conference on subjects for which these organizations had a special competence: Agudas Israel forId Organization American Joint Distribution Committee Commission of the Churches on International Affairs, The Consultative Council of Jewish Organizations Co-ordinating Board of Jewish Organizations International Bar Association International Catholic Migration Commission International Commission of Jurists International Committee of the 3ed Cross International Federation of Business and Professional Women International Federation of Christian Trade Unions International Relief Committee for Intellectual Workers International Social Service Nouvelles Equipes Internationales Open Door International (for the Economic Emancipation of the WaaaR WorkerJ Fax Romana St. Joan's International Social and Political Alliance Women's International League for Peace and Freedom florid Alliance of Young lien's Christian Associations World Federation of United Nations Associations World Jewish Congress &# The Conference elected i-ir. ILnud Larsen (Denmark) as President. 9. The Conference elected as Vice-Presidents Mr. Ichiro Kawasaki (J*fr*n) ^ kr# Humberto Çalamari (Panama). A/C0NF.9/L*40/Add,6 page 3 10, The following Committees were set up: Committee of the Whole Chairman: The President of the Conference Vice-Chairmen: kir. Ichiro Kawasaki (Japan) Mr. Humberto Calamari (Panama) Drafting Committee Chairman: Mr. Humberto Calamari (Panama) 11, The Secretary-General of the United Nations was represented by Dr, Tuen-li Lianj Director of the Codification Division of the Office of Legal Affairs of the United Nations who was also appointed Executive Secretary of the Conference. 12, The Conference decided unanimously to take as the basis for its work the draft Convention on the deduction of Future Statelessness, prepared by the International Law Commission, The articles of this draft Convention were examined, together with the amendments thereto, in the Committee of the Whole established by the Conference at its Seventh Plenary keeting. The Conference in Plenary Meeting re-examined the articles as adopted by the Committee of the Whole, 13, The Drafting Committee of the Conference, composed of the representatives of Argentina, Belgium, France, Israel, Panama and the United Kingdom, reviewed from the standpoint of drafting the articles as adopted by the Committee of the Whole and, subsequently, as adopted by the Conference in Plenary Meeting, 14, The Conference adopted on ... April 1959, by .,, votes to ... with •.« abstentions, the Convention on the Reduction of Statelessness, which was opened for signature at the European Office of the United Nations from ... April tô 30 June 1959 and shall be re-opened for signature at the Headquarters of the United Nations from 3 August 1959 to 31 December I960. II The Conference adopted the following recommendation by ... votes to Hl *lth ... abstentions: "The Conference Recommends that persons who, not enjoying the protection of a government, are stateless de facto should as far as possible be treated as stateless de .jure to enable them to aoquire an effective nationality." A/CONF.9/L.40/Add,6 page 4 III The Conference adopted the following resolution by ... votes to ... with ... abstentions: "The Conference Agrees that for the purposes of the Convention the terms "naturalization" and "naturalized person" shall be interpreted as referring respectively only to the acquisition of nationality and to a person who has acquired nationality upon an application which the Contracting State concerned may, in its discretion, refuse; acquisition upon an application which could not have been so refused shall not be considered as naturalization, even though the Contracting State concerned in such cases adopts the procedure of naturalization, IN WITNESS WHELEOF the President, Yice-Presidents and the Executive Secretary of the Conference have signed this Final Act DONE at Geneva this , e „ „„.,... day of April one thousand nine hundred and fifty-nine in a single copy of which the Chinese, English, French and Spanish texts are equally authentic and which shall remain deposited in the archives of the United Nations, and certified true copies of which shall be delivered to all i/iembers of the United Nations and all non-Ivlember States invited to the Conference. The President of the Conference: The Vice-Presidents of the Conference: The Executive Secretary of the Conference: =3» A Y—~-~ LIMITED NATIONS istr. LIMITED A/C0NF.9/L.41 GENERAL 9 April 1959 ASSEMBLY Original: ENGLISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR INDUCTION OF FUTURE STATELESSNESS Models for an Optional Protocol of Signature concerning the Compulsory Settlement of Disputes (prepared by the Secretariat of the United Nations) (6 p.) Â/C0NF.9/U41 page 2 Note by the Secretariat In view of the limited time available to the Conference for the completion of its work, the Secretariat has prepared, for the convenience of the Conference, two models for an optional Protocol of Signature concerning the compulsory settle- ment of Disputes, and these are annexed to this note. Annex A is, essentially, a model based upon the principles set out in the draft Convention on the Reduction of Future Statelessness prepared by the Inter- national Law Commission. It is based upon the establishment of a tribunal with jurisdiction both to decide upon disputes between States concerning the inter- pretation or application of the Convention and to decide upon complaints presented on behalf of individuals by the Agency referred to in article 11 of the Commission's draft. Recourse to the International Court of Justice is obligatory pending establishment of the tribunal and, by agreement of the parties to a dispute, after that time as an alternative means of settlement. Annex B is based, essentially, on the Optional Protocol adopted by the U.Nt Conference at the Law of the Sea on 27 April 1958. It envisages the compulsory jurisdiction of the International Court of Justice unless the parties to a dispute settle the dispute by other means, including the setting up of an ad hoc tribunal. It does not envisage either a special tribunal established within the framework of the United Mations or any right of an Agency to present complaints on behalf of individuals. A/C0NP,9/L.41 Annex A, page 1 AMES Optional Protocol of Signature concerning the Compulsory Settlement of Disputes The States parties to this Protocol, being parties to the Convention on the Reduction of Statelessness adopted by the United Nations Conference on the Elimination or Reduction of Future 3tatelessness held at Geneva from 24 March to 17 April 1959, Expressing their wish to resort, in all matters concerning them in respect of any dispute arising out of the interpretation or application of the Convention on the Reduction of Gtatelessness of , to the compulsory jurisdiction of an arbitral tribunal or of the International Court of Justice in all disputes which cannot be settled by other means, Have agreed as follows: Article I There shall be established, within the framework of the United Nations, a Tribunal which shall be competent to decide any dispute between the Parties to this Optional Protocol concerning the interpretation or application of the Convention on the Eeduction of Statelessness. Such disputes may be brought before the Tribunal by an application made by any one of the Parties to the dispute. Article II The Tribunal shall be competent to decide upon any complaints presented by the Agency referred to in article ..... of the Convention on the Eeduction of Statelessness on behalf of a person claiming to have been denied nationality in violation of the provisions of the Convention. Article III lending the establishment of the Tribunal provided for in article I of this Protocol, any dispute between the Parties to this Protocol concerning the inter- pretation or application of the Convention on the Reduction of Statelessness which cannot be settled by other means shall be submitted to the International Court of Justice upon the application of any one of the Parties to the dispute. Article IV This Protocol shall remain open for signature by all States who become parties 0 the Convention on the Reduction of Gtatelessness adopted by the United Nations onference on the Elimination or Reduction of Future Statelessness and is subject 0 ratification unless, upon signature, the State signing expressly accepts the Protocol as binding. A/C0NF.9/L.41 Annex A page 2 Article V The Secret ary-CJeneral of the United Nations shall inform all States who become parties to the Convention on the Reduction of 3tatelessneas of signatures to this Protocol and of the deposit of instruments of ratification in accordance with article V, Article VI The original of this Protocol, of which the Chinese, English, French and 3panish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States referred to in article V. IN TTtTNESS WHE12E0F the undersigned plenipotentiaries, being duly authorized thereto by their respective governments, have signed this Protocol. DONE AT GENEVA, this day of ^pril one thousand nine hundred and fifty-nine. . 9/^.41 Annex B page 1 nptiona,! Protocl of Signature concerning; the Compulsory Settlement of Disputes The State parties to this Protocol, being parties to the Convention on the Reduction of Gtatelessness adopted by the United Nations Conference on the Elimina- tion or Reduction of Future St&telessness held at Geneva from 24 March to 17 April 1959, Expressing their wish to resort, in all natters concerning them in respect of any dispute arising out of the interpretation or application of the Convention on the Reduction of Statelessness of April 1959, to the compulsory jursidiction of the International Court of Justice in all disputes which cannot be settled by other means, Have agreed as follows: Article I Disputes arising out of the interpretation or application of the Convention on the Reduction of Statelessness shall, unless settled by other means, lie within the compulsory jurisdiction of the International Court of Justice, and may accordingly be brought before the Court by an application made by any party to the dispute being a party to this Protocol. Article II The parties may agree, within a period of two months after one party has Notified its opinion to the other than a dispute exists, to resort not to the International Court of Justice but to an arbitral tribunal. After the expiry of the said period, eiftier party to this Protocol may bring the dispute before the Court by an application. .article III This Protocol shall remain open for signature by all States who become parties 0 tlle Convention on the Reduction of Gtatelessness adopted by the United Nations °aierence on the Elimination or Reduction of Future Statelessness and is subject ratification unless, upon signature, the State signing expressly accepts the p*otocol as binding. Article IV Secretary-General of the United Nations shall inform all iStates who become les to the Convention on the Reduction of Future Gtatelessness of signature xs Protocol and of the deposit of instruments of ratification in accordance article III. A/C0NF.9/L.41 Annex B page 2 Article V The original of this Protocol, of which the Chinese, English, French and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States referred to in article III. IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorized thereto by their respective governments, have signed this Protocol. DONE AT GENEVA, this day of April one thousand nine hundred and fifty-nine. UNITED NATIONS Distr. LIMITED GENERAL A/C0NP.9/L.42 9 April 1959 ASSEMBLY Original: ENGLISH/FLENCIÏ/SPANISK UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS Text submitted by the Drafting Committee for an additional sub-paragraph to article 1, paragraph 2 That the person has neither acted in a jnanner prejudicial to national security nor has been sentenced to imprisonment for a term of five years or more on a criminal charge. jNlTED NATIONS Distr. GENERAL LIMITED \SSEMBLY 10 April 1959 Ori gi nal: ENGLIoH UNITED NATIONS COffi^NGi ON THJi ELIMINATION OH REDUCTION 91? WTUiu Article 1 UKŒEBD KINGDOM: ^aendment to text submittQd by the Drafting Committee for an additional sub-paragraph to article 1, paragraph 2 (A/C0NF.9/L,42) Alternative texts 1. JOT the words rîacted in a manner prejudicial to national security" substitute nbeen convicted of an offence against national security11. 2. For the words wacted in a manner prejudicial to national security" substitute "committed an offence against national security". UP.) UNITED NATIONS Distr. GENERAL LIMITED A/C0NF.9/L.44 ASSEMBLY 10 April 1959 Original: ENGLISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS Article 1 DENMARK: Amandment to article 1 as submitted by the Drafting Committee (A/C0NF.9/L.4Q) Add the following, as a new paragraph between paragraphs 2 and 3: Notwithstanding paragraphs l(b) and 2 of this article a legitimate child born in the territory of a Contracting State, the mother of which is a national, shall acquire at birth the nationality ©P that State if it otherwise would be stateless. yNlTED NATIONS Distr, LIMITJÏÎD GENERAL 10 April 1959 ASSEMBLY Original: i UNITED NATIONS CONZSRi^NCJB ON TH* 02 ADDUCTION OF iâUTUÏÏai oTAaŒLd&a Article 0 CHYLOM: Jjaendment to the amendaent submitted by the United Kingdom to article 8 of the draft convention on the Reduction of Future Statelessness (A/CON?.9/L.11 and Corr.l) Add to paragraph 2 (b) a new sub-paragraph (v) to rend as follows ; :ïso conducting himself that his continuance as a national of the Party is detrimental to the interests of the Party" p.) UNITED NATIONS Distr. UKIESD GENERAL ii/CQNï.9/L.46 ASSEMBLY 10 April 1959 Original : ENGLISH NATIONS COHFiEàNCjI; ON THJ ELIMINATION il REDUCTION 0? FUTURE Article 8 ffiJGOSLA-VIA : Amendment to the Amendment submitted by the United Kingdom to article 8 of the draft convention on the reduction of future sUtelessness (A/C0NF.9/L.11 and C6Tr.l) 1) delete in pfcrtgirph 2 (a) the vMrds "in the Cc,;se of a naturel barn nittionel" 2) insert tfter the word "ground" in ptccagreph 2(e) the following îfof tretchery, disloyalty or" 3) delete in ppr« gr^ph 2(b) the sub-JpragrLphs (ii) ci.nd (iii) 4-) insert in paragraph 2(b) an e.dditional clause as follows : "a conviction by court decision, within five yecrs of naturalisation, for a felony or serious crime." dp.) UNITED NATIONS Distr. LIMITED GENERAL A/C0NF.9/L.47 ASSEMBLY 10 April 1959 ENGLISH Original: FRENCH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF MJTU3E STATELESSNESS Article 1 SWITZERLAND: Amendment to article 1 adopted by the Committee of the Whole and drafted by the Drafting Committee (A/CQNF.9/L.40) Add to paragraph 2 a new sub-paragraph reading as follows: "(c) that the person concerned was stateless at the time of birth." UNITED NATIONS Distr. GENERAL LIMITED A/C0NF.9/L.48 ASSEMBLY 13 April 1959 ENGLISH Originals FRENCH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS BELGIUM: Draft resolution Insert the following text in the final act of the Conference: "The Conference Recommends that persons who, not enjoying the protection of a government, are stateless de facto should as far as possible be treated as stateless de .jure to enable them to acquire an effective nationality." UNITED NATIONS Distr. LIMITED GENERAL A/C0NP.9/L.49 13 April 1959 ASSEMBLY ENGLISH Original: FRENCH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS BELGIUM: Amendment to article 5 adopted by the Committee of the Whole and revised by the Drafting Committee (A/CONF. 9/L.40)" Add a second paragraph as follows: "If, under the legislation of a Contracting State, a natural child loses the nationality of that State in consequence of a recognition of affiliation, he shall be given an opportunity to recover that nationality by written application to the appropriate authority, and the conditions governing such application shall not be more rigorous than those laid down in article 1, paragraph 2, of this Convention." yMlTED NATIONS Distr. GENERAL LlriTTBD ASSEMBLY 13 April 1959 Original : ."JKTGIISH iLD NATIONS CONESEl ,NCE ON THJ iCLI>IBTATION 1 OR P^DUCSION OB FUTURE SÏ^^IL^SSÎ^ DEMH^RK : Amendment to c,.rticle 2 as adot^ted by the Committee of the Whole end revised by the Drafting Committee Article 2 Replace tho words "Q ntition^l of thtit State" by the words "L,S born within thtt territory by parents possessing the n&tionelity of thst StLtS». UNITED NATIONS Distr. GENERAL LIMITED ASSEMBLY 13 April 1959 Original: ENGLISH UNITED NATIONS TJ! ON TH13 ELIMINATION 03 P^DUC'HON ft? YUGOSLAVIA: Amendment to article 13 of the draft convention on the reduction of future statelessness The article should read as follows: 11. At the time of ratification or accession, any State may male3 reservations concerning articles 7 and 8 of the present convention. 2. No other reservations to the present convention shall be admissible. 3. Reservations made in accordance with paragraph 1 of the present article shell have effect only if designed to give effect to the national law of the 3?srty as it existed on 17 April 1959 or, where designed to give effect to a law subsequent to that date, if the law in question is not less favourable to the individuals affected by that law than the law as it existed on 17 April 1959. p. UNITED NATIONS Distr. LIMITED GENERAL A/CONÎ1.9/L. 52 ASSEMBLY 13 April 1959 Original: ENGLISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS DENMARK: Draft resolution Insert the following text in the Final Act of the Conference "The Conference ap;rees_ that for the purposes of the Convention the terms "naturalization" and "naturalized person" shall be interpreted as referring only to the acquisition of nationality upon an application which legally could have been refused, whereas acquisition upon an application which legally could not have been refused shall not be considered as naturalization, even if the Contracting State concerned also in such cases chooses to grant its nationality by way of naturalization." UNITED NATIONS Distr. LIMITED GENERAL A/C0NF.9/L.53 13 April 1959 ASSEMBLY ENGLISH Original: FRENCH UNITED NATION-3 CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS FRANCE,, ISRAEL, ITALY: Amendment to the text of article 1 and article 4 as adopted by the Committee of the Whole and revised by the Drafting Committee (A/C0NF.9/L.40) 1, In article ls paragraph 3, delete the second sentence. 2. In article 4, paragraph 1 end the first sentence after the word ''stateless'', deleting the rest of the sentence; delete the whole of the second sentence: "If his parents the national law of such Oontracting Statew. s^rie ^M^/SME^lhh72/S£M-M^ Tho failc'clrig documents are not- included in this ^' Ls&s docnmients sui'^aï-ïfcs n© sont p^e inclus dans ee Los dceuEieatos sig/iisnfces no son inelidldos en ©ste A/CONF.9/L.54 (Not issued in English) NATIONS ENERAL 11111 ™ ASSEMBLY ^SSâF 14 April 1959 Original : : ED NATIONS COI^JESNCS ON 'EHS IIIKEHATION OH REDUCTION OF ÏUTtŒ&i; STA3EISSSH3SS NORWAf : Anendments_to_ articles 6 vnu. 7 y;s fcidopted by the Cuamittqe\__o£_ the Whole gncl__revised by the drafting Coimnittee U700Nff.9/L.4-0 mid Add.2) Article 6 Insert after the words "such loss shell" the following words : "Subject to the second sentence of ptircigrcph 5 of ertiele 7 ..." In ptragr&.ph 5 idd L:S i second sentence the following : "In such ccse the provision of ertiole 6 does not apply." UNITED NATIONS Distr. LIMITED GENERAL A/C0NF.9/L.56 ASSEMBLY 14 April 1959 ENGLISH Original: FRENCH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OP FUTURE STATELESSNESS FRANCEt Amendment to article 1, paragraph 2, adopted by the Committee of the Whole and revised by the Drafting Committee (A/C0NF.9/L.40) Add the following sub-paragraph to article 1, paragraph 2: (c) that the person concerned has not given evidence of manifest unworthiness, such as activities detrimental to national security or his having been sentenced to imprisonment for a term of not less than five years, for a criminal actj provided, however, that the acquisition of nationality may not be disallowed under the present sub-paragraph until after an independent body has been consulted. P.I TED NATIONS Distr. LIMIT3D GENERAL A/G0NP.9/L.57 ASSEMBLY 14 April 1959 Original: MGLISH CONZJÎRdJNCHÎ ON TEI3 ^ OS REDUCTION OF FUÏUÏ6Î Provisicnal Report on Credentials made by the President andthe The President and the Vice-Presidents of the Conference, having duly examined the credentials so far submitted to the Executive Secretary of the Conference in accordance with Rule 3 of the Rules of Procedure adopted by the Conference, submit the following information to the Conference regarding the credentials so far received. A. Participation in the Conference 1. ïhe delegations of the following countries have produced full powers in writing, signed either by the Head of State or Government, or by the ï.'inistar of Foreign Affairs, with regard to participation in the Conference: Argentina Japan Austria Liechtenstein Belgium .Netherlands Canada Norway OeylQn Pakistan Chile Peru China Spain Denmark Sweden federal Republic of German}?- Switzerland Holy See United .Arab Republic India United Kingdom Iraq. United States Israel Yugoslavia Italy (2 P.) â./C0NF.9/L.57 page 2 2. The delegations of the following countries havo been authorised by cable, marked ''JÎTilT1* or similarly, from the respective Kinistries of foreign Affairs, to participate in the Conference: Br az i1 Luxcmbourg Dominican Republic Turkey Indonesia B, Power to sign Convention etc.: The delegations of the following countries havo produced full powers in writing, signed either by the Plead of State or Government, or by the Minister of Foreign Affairs, with regard to the signature of any Convention or other instrument adopted by the Conference : Argentina Holy See Austria Israol Belgium Pakistan China United Kingdom Denmark Yugoslavia UNITED NATIONS , , r- n A . *{*£^33>Ai, Distr. GENERAL ASSEMBLY Origin;. 1 : ^I HATIONS COÎMjm^NCE ON TIE! ELI1HNATION OR REDUCTION OF FUTURE STATEI3SSÎK1SS OfffLON _!_ Amendment t? Article 1 LS cdo-pted by the Coranittee of the Whole i.nd revised by the Drafting Oommittee (.A/CfHF.9/L.4O) 1. In article 1 (b) delete the words !Iin the manner prescribed byTI taid substitute therefor the xrords "in complicnce with". 2. At the eiid of the first sentence of article 1 (b) add the words "of the contracting Stcte". 3. In urticle 1 (b) delete the words "subject to the provisions of paragraph 2 of the article, no such rpplicc.tion m^y be rejected". 4-. In article 1, pcrL.grcph 2, first line, interpolate the word "elso" between the words "may" end "nuike" s NATIONS Distr. GENERAL UMITUD A/GON?.9/L.6O ASSEMBLY 15 April 1959 Original: iiMGLI£.H UNITED NÀÏIOWS G01\f/JiliNC&i ON (U A AUCTION OJ FUTUtc,, tiJ}i-JFj4 ICQMG-DOH: amendmsnts to second New Article contained in document A/CQNF.9/L.4-0/Add.4 1. In paragraph 2 after the words "apply to persons born7' insert the words irnot more than twenty-five years7' 2. At the end of paragraph 2 add the words "for the Contracting State concerned". UP.) NATIONS Distr. GENERAL §« ™" ASSEMBLY laf »*»"» w ^=^^- Original: ENGLISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OB REDUCTION OP FUTURE STATELESSNESS DENMARK; Draft protogol on the establishment of a tribunal relating to the Convention on the Reduction of Statelessness Article^ 1. The Contracting States, parties to the Convention on the Reduction of Statelessness, hereafter quoted as the Convention, undertake to establish, within the framework of the United Nations, a tribunal which shall be competent to decide any dispute between them concerning the interpretation and application of this Convention, which cannot be settled by other means, and to decide complaints presented by the agency referred to in article 11 of the Convention on behalf of a person claiming to have been denied nationality in violation of the provisions of this Convention. 2. If, within two years after the entry into force of this Protocol, the tribunal referred to in paragraph 1 has not been established by Contracting States, any of these States shall have the right to request the General Assembly of the United Nations to establish such tribunal. Article 2 Articles of the Convention shall apply also to this Protocol, provided however, that this Protocol only shall come into force on the ninetieth day f-olloyring the day of deposit of the sixth instrument of ratification or accession relating to this Protocol. Article 3 The Secretary-General of the United Nations shall inform all Members of the United Nations and non-member States referred to in artiole of the Convention; a) of signatures, ratification and accessions relating to this Protocol; h) of the date on which this Protocol will come into force; c) of the establishment of the tribunal referred to in article 1; d) of denunciations. (2 P.) A/C0NF.9/L.61 page 2 IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorized thereto by their respective governments, have signed this Protocol. DONE AT GENEVA, this day of April one thousand nine hundred and fifty-nine in a single copy, of which the texts are equally authentic and which shall remain deposited in the archives of the United Nations, and certified copies of which shall be delivered, by the Secretary- General of the United Nations, to all Members of the United Nations and to the non-member States referred to in article 19 of the Convention on the Reduction of Statelessness. yHlTED NATIONS Distr. GENERAL A/C0IYF.9/L.62 ASSEMBLY 16 April 1059 Original: UNITED l^TIONo ON THii ^LIL 1INATI0N 03 JI&EUCITOK OF Text of Articles adopted by tho Conference Article 1 1. A Contracting St^te shall grant its nationality to a person born in its territory who would otherwise be stateless. Such nationality shall be granted: (a) At birth, by operation of law, or (b) Upon an application being lodged with the appropriate authority, by or on behalf of the person concerned, in the manner prescribed by the national lqw. Subject to the provisions of paragraph Z of this article, no such application ins y be reject ad. A Contracting State which provides for tho grant of its nationality in accordance with sub-paragraph (b) of this paragraph may also provide for the grant of its nationality by operation of law at such age and subject to such conditions as may be prescribed by the national law. 2. A Contracting State may make the grant of its nationality in accordance with sub-paragraph (b) of paragraph. 1 of this article subject to one or more of the following conditions: (a) That tho application is lodged during a period, fixed by the Contracting State, beginning not l.^ter thnn at tho age of eighteen years and ending not earlier than at the Rge %t twenty-one y&ars, so, however, that the person concerned shall be allowed et lerst one year during which he may himself make the application without having to obtain legel authorization to do so; (3 p.) A/C0N3\9/L.62 page 2 (b) Thet tho person concerned has habitually resided in the tc-rritory of the Contracting State for such period as may be fixed by thnt State, not exceeding five years immediately preceding the lodging of the application nor ten years in .ill; (c) Thnt the person has neither been convicted of an offence against national security nor hns been sentenced to imprisonment for a term of five years or noro on a criminal charge ; (d) That the person has not acquired a nationality at birth or subsequently. 3. Notwithstanding paragraphs 1 (b) and 2 of this article, a child born in wedlock in the territory of a Contracting State, the mother of which is a national, shall acquire at birth tho nationality of that State if it otherwise would be stateless. 4. A Contracting Stnte shall grant its nationality to a person who would otherwise be stateless and who is unable to acquire the nationality of the Contracting State in whose territory he was born because he has passed the age for lodglnghis application or has not fulfilled the required residence conditions, if the nationality of one Of his parents at the time of the person's -birth was that of the Contracting State first above mentioned. If his parents did not possess tho same nationality at the time of his birth, the question whether the nationality of the person concerned should follow that of the fnther or that of the mother shall be determined by the national lnw of such Contracting State. If application for such nationality is required, the application shall bo made to the appropriate authority by or on behalf of the applicant in tho manner prescribed by the national lsar. Subject to the provisions of paragraph 5 of this Article, such application shall not be refused. 5. The Contracting State may make the grnnt of its nationality in accordance with the provisions of poragrnph 4 of this article subject to one or both of the following conditions: (n) That the application is lodgod before the applicant reaches fin age, being not less than twenty-three years, fixed by the Contracting State; A/C0NF.9/L.62 pagQ 3 (b) That the applicant has habitually resided in the territory of the Contracting State for such period immediately preceding the lodging of the application, not exceeding throe years, as may be fixed by th^t State. (c) That the applicant has not acquired a nationality ofc birth or subsequently. Article 2 A foundling found in the territory of a Contracting State shall, in the absence of proof to the contrary, he oonaidBrod as b©rn within that territory by parents possessing the nationality of thet State. Artiole 3 For the purpose of determining the obligations of the Contracting States under this Convention, (a) Birth on a ship flying the flag of a State, or (b) Birth in an aircraft registered in a State, shall bo deemed to have taken place in the territory of that State. UNITED NATIONS Distr. GENERAL DN5l.9A-62/.-idd, ASSEMBLY .&7GLISH Original: .^GLIdH D :-Ï"ÀTI01T3 COJ^R^C^ OH TE* OR R-'DUC-J.'ICH OF TOTTJRï; 3T -TSIi.iSS .article 4 1. A Contracting State shall grant its nationality to a parson, not "born in the territory of a Contracting State, who would otherwise be stateless, if the nationality of one of his parents at the time of the person's birth was that of that State. If his parents did not possess the some nationality at the time of his birth, the question whether the nationality of the person concerned should follow that of the father or that of the mother shall be determined by the national law of such Contracting citate. Nationality granted in accordance with the provisions of this paragraph shall be granted: (a) at birth, bv operation of law, or (b) upon an application being lodged with the appropriate authority, by or on behalf of the person concerned, in the manner prescribed by the national law. Subject to the provisions of paragraph 2 of this .'article, no such application r.iay be rejected. 2. A Contracting State may make the grant of its nationality in accordance with the provisions of paragraph 1 of this /.article subject t» one or more of the following conditions: (a) that the application is lodged before the applicant reaches an .-^e, being not less than twenty-three y-;ars, fixed by the Contracting dtate; (b) that the applicant has habitually resided in the territory of the Contracting State for such period immediately preceding the lodging of the application, not exceeding three ysars, as may be fixed by that State. (c) that the applicant has not been convicted of an offence against national security; and (3 p.) i/C ONF.9/L.62/Add.1 page 2 (d) that the applicant has not acquired a nationality at birth or subsequently. Article 5 1, It the law of a Contracting State entails loss of nationality as a consequence of any change in the personal status of a person such as marriage, termination of marriage, legitimation, recognition or adoption, such loss shall be conditional upon possession or acquisition of another nationality. 2. If, under the legislation of a Contracting 3tate, a natural child loses the nationality of that State in consequence of a recognition of affiliation, he shall be given an opportunity to recover that nationality by written application to the appropriate authority, and the conditions governing such application shall not be more rigorous than those laid down in article 1, paragraph 2, of this Convention. .article 10 1. .^very treaty between Contracting States providing for the transfer of a territory shall include provisions designed to secure that no person shall become stateless as a result of the transfer. A. Contracting State shall use its best end-javours to secure that any such treaty made by it with a State which is not a party to this Convention includes such provisions. 2. In the absence of such provisions a Contracting State to which territory is transferred or which otherwise acquires territory shall confer its nationality on such persons as would otherwise become stateless as a result of the transfer or acquisition. .Article 11* The Contracting States shall promote the establishment within the framework Of the United Nations, as soon ns may be after the deposit of the sixth instrument of ratification or accession, of a body to which a person claiming the benefit of this Convention may apply for the examination of his claim and for assistance in presenting it to the appropriate authoritjr. * Adopted subject to a right of reservation A/0 ONT1.9/L. 62/idd. 1 page 3 Artiels 12 1. This Convention shall be opened for signature at Geneva on ... April 1959 and shall thereafter be deposited with the Secretary-General of the United Nations. It shall be open for sign-iture at the European Office of the United Nations from ... April to 30 June 1959 and shall be re-opened for signature at the Headquarters of the United Nations from 3 August 1959 to 31 December I960, 2. This Convention shall be open for signature on behalf of: (a) Any State Member of the United Nations; (b) Any other State invited to attend the United Nations Conference on Elimination or Reduction of :iuture jtatelessness ; (c) .my State to which an invitation to sign or to accede may be addressed by the General _ssembly of the United Nations. 3. This Convention shall be ratified and the Instruments of ratification shall be deposited with the Secretary-General of the United Nations. 4. This Convention shall be open for accession by the States referred to in paragraph 2. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. Article 14 1, The present Convention shall enter into force two years after the date Of the deposit of the sixth instrument of ratification or accession. 2. For each State ratifying or acceding to this Convention after the deposit of the sixth instrument of ratification or accession, it shall enter into fcrce on the ninetieth day after the deposit by such State of its instrument of ratification or accession or on the date on which this Convention enters into force in accordance with the provisions of paragraph 1 of this articlet whichever is the later. Article 15 :iJiy Contracting State may denounce this Convention at any time by a written notification addressed to tha Secretary-General of the United Nations. Such denunciation shall take effect for the said Contracting State one year after the date of its receipt by the Secretary-General. UNITED NATIONS Distr. LIMITED G E N ERAL- • w vL ._ W$3WW VC0KT.9/L.62/Add.2 ASSEMBLY ^^P 16Aprill959 ENGLISH Originalt ENGLISH/FRENCH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS T_ext_ of. Artigles,jadppted, by_ .the, .Conferenoe. N_e\^.a^y=cJ^e_J|t^rritorial__appJl^^ipn, clause);* 1. This Convention shall apply to all non-self governing, trust, colonial and other non-metropolitan territories for the international relations of which any Contracting State is responsible; the Contracting State concerned shall, subject to the provisions of paragraph 2 of the present article, at the time of signature, ratification or accession, declare the non-metropolitan territory or territories to which the Convention shall apply i£,so_ Jjicto as a result of such signature, ratification or accession. 2. In any ca.se in which, for the purpose of nationality, a non-metropolitan territory is not treated as one with the metropolitan territory, or in any case in which the previous consent of a non-metropolitan territory is required by the constitutional laws or practices of the Contracting State or of the non-metropolitan territory for the application of the Convention to that territory, that Contracting State shall endeavour to secure the needed consent of the non-metropolitan territory within the period of twelve months from the date of signature of the Convention by that Contracting State, and when such consent has been obtained the Contracting party shall notify the Secretary-General of the United Nations. The present Convention shall apply to the territory or territories named in such notification from the date of its receipt by the Secretary-General. •'• After the expiry of the twelve-month period in paragraph 2 of the present article, the Contracting States concerned shall -inform the Secretary-General of 'lile results of the consultations with those non-metropolitan territories for whose n'-^national relations they are responsible and whose consent to the application the present Convention may have been withheld. Adopted subject to the right to enter reservations to this article. (3 p.) A/C0NF.9/L.62/Add.2 page 2 New Article* (Settlement .of ..disputes) Any dispute between Contracting States concerning the interpretation or application of this Convention which cannot be settled by other means shall be submitted to the International Court of Justice at the request of any one of the parties to the dispute. Ne_w_Ar:ticle (Effect of Convention) 1. In relation to a Contracting State which does not, in accordance with the provisions of article 1 or of article 4 of this Convention, grant its nationality at birth by operation of law, the provisions of paragraph 1 of article 1 or of article 4> as the case may be, shall apply to persons born before as well as to persons born after the entry into force of this Convention. 2. The provisions of paragraph 3 of article 1 of this Convention shall apply to persons born before as well as to persons born after its entry into force. 3. The provisions of article 2 of this Convention shall apply only to foundlings found in the territory of a Contracting State after the entry into force of the Convention for that State. Article 7** 1. (a) Renunciation, if permitted by the law of a Contracting State, shall not result in loss of nationality unless the person renouncing it possesses or acquires another nationality. (b) The provisions of the preceding sub-paragraph may not be invoked against the exercise by a person of the rights defined in articles 13 and 14 of the Universal Declaration of Human Rights. 2. A national of a Contracting State who seeks naturalization in a foreign country shall not lose his nationality unless he acquires or has been accorded assurance of acquiring the nationality of that foreign country. * Adopted subject to the right to enter reservations to this article. ** As adopted paragraph by paragraphe The article has not yet been voted upon as a wholec VCQNF.9/L.62/Add.2 page 3 3. Subject to the provisions of paragraphs 4 and 5 of this Article, a national of a Contracting State shall not lose his nationality, so as to become stateless, on the ground of departure, residence abroad, failure to register or on any similar ground. 4. A naturalized person may lose his nationality on account of residence abroad for a period, not less than seven consecutive years, specified by the law of the Contracting State concerned if he fails to declare to the appropriate authority his intention to retain his nationality. 5. In the case of a national of a Contracting State, born outside its territory, the law of that State may make the retention of its nationality after the expiry of one year from his attaining his majority, conditional upon residence or registration. NATIONS Distr. GENERAL LIMITED A/GONF,9/L.*3 ASSEMBLY 16 April 1959 Original: l-iNGUSH UNITED NATIONS CQNSEHSKGS YUGOSLAVIA: Amendments to articles 7,8 and 13 as adopted by the Committee of the Whole ffirst altarnntiva Article T Insort p. new paragraph: (b) At the time of signat-cre, ratification, or accession, a Contracting ctate m??y make s reservation to paragraph 3 of this article providing that a natural born person may lose his nationality on account of residence abroad for a period, not less than seven consecutive years, specified by the law of the Contracting btate concerned, if he fails to register with the appropriate authorities. Article 8 Insert in paragraph (2)(a) a new sub-paragraph : (iii) having been convicted of s treasonable or disloyal act, or in the case of a person aocused of such an act who is in a foreign country failing to return for trial; Insert in paragraph(2.)(b) a new sub-paragraph: (vi) having been convicted within fire years of the acquisition of nationality for a felony or serious crime. Article 13 Subject to the provisions of articles 7,8, ... no reservations to the present Convention shall be admissible. A/CONS1,9/L. 63 page 2 Second alternative Article 7 1. In paragraph (3), delate the first sentence reading "Subject to the provisions of paragraphs 4 and 5 of this article". 2. Delete paragraphs 4 and 5. Article 8 Delete paragraphs 2 nnd 3. •Article 13 Add two new paragraphs to the Yugoslav amendment ( A/CON]?. 9/L, 51) (4) Where a Contracting State h-.s made a reservation concerning article 8 a national of that State shall not bo deprived of his nationality except in accordance with a procedure established by law, which shall provide for submission of the case to a completely independent and impartial body. (6) Any State making a reservation in accordance with paragraph 1 of the present article may at any timo withdraw the reservation in whole or in part by a notification to this effect addressed to the Secretary-General of the United Nations. Such notification shall take effoct on the date on which it is received. Third alternative Article 7 The same text as in the second alternative proposal. Article 8 The same text as in the second alternative proposal. Article 13 No reservations to the proeent Convention shall bo admissible. UNITED NATIONS Distr. LIMITED GENERAL A/C0NP.9/L.64 ASSEMBLY 16 April 1959 ENGLISH Original: FRENCH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS TURKEÏ: Amendment to article 8 adopted by the Committee of the Whole and revised by the Drafting Committee (A/CONF.9/L.4O/Add.3) Amend paragraph (l) to read as follows: 11 (1) A Contracting State shall not deprive a person residing in its territory of its nationality if such deprivation would render him stateless." Add a sub-paragraph 2 (a)(iii), worded as follows: "(iii) failure without legitimate reason to comply when called up for military service." tip.) TED NATIONS Distr. LIMITED GENERAL A/CONF.9/L.65 SSEMBLY 16 April 1959 A ENGLISH Original: FRENCH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS HOLY SEEt Amendment to article 7 adopted by the Committee of the Whole Article 7 1. Number the present paragraph l.a. 2, Insert a paragraph l.b. as follows: b. The provisions of the preceding sub-paragraph may not be invoked against the exercise by a person of the rights defined in articles 13 and 14 of the Universal Declaration of Human Rights. yMlTED NATIONS Distr. LIMITED GENERAL A/0ONF.9/L.66 ASSEMBLY 16 April 1959 Originals ENGLISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS Report on Credentials made by the President and the Vice-Presidents The President and the Vice-Presidents of the Conference, having duly- examined the credentials so far submitted to the Executive Secretary of the Conference in accordance with Rule 3 of the .Rules of Procedure adopted by the Conference; submit that the Conference should accept the credentials of the delegations mentioned in the following paragraphs s Ae Participation in the Conference 1. Full powers in writing,, signed either by the Head of State or Government, or by the Minister of Foreign Affairs, or in one case by the Director-General of the Ministry of Foreign Affairs acting on behalf of the absent Ministers Argentina Japan Austria Liechtenstein Belgium Netherlands Canada Norway Ceylon Pakistan Chile Peru China. Portugal Denmark Spain Federal Republic of Germany Sweden France Switzerland Holy See United Arab Republic India United Kingdom Iraq United States Israel Yugoslavia Italy p.) A/C0NF.9/L.66 page 2 2» Full powers given by cable, marked "ETAT" or similarly, from the respective Ministries of Foreign Affairs s Brazil Luxembourg Dominican Republic Panama Indonesia 3i Full, powers given by letter from the Permanent Delegate with the United Nations, and confirmed by a cable from the Ministry of Foreign Affairs to the Executive Secretary of the Conference; Turkey B» Power to sign Convention etc,i Full powers in writing, signed either by the Head of State or Government, or by the Minister of Foreign Affairs; Argentina Holy See Austria Israel Belgium Pakistan China Portugal Denmark United Kingdom Yugoslavia DATIONS UNIES Distr. LIMITJ1P ASSEMBLEE VC0ÏÏÎ.9/L.67 16 April 1959 GENERALE Origin* I : l.ffiLISH TJHI'XU-D KziïIOïïS OOISI^iTCT.-; OH ÏHS OR R^DUCTIOiT ÛJ? FlMSlii SO^ KBPUBUC QF GETOJ-^y ; Mendment to rrticle 7 L,S ;..dor>te_d_ by the Ooimnlttee of the Whole ind revised by the drg.ftin " f/î) Add, LS TU rr.gn.ph 6; the following : A ni.tioïir-.l of ti Contracting Sti te shill not t utorrmticc lly lose his mtiontlity, so ; s to become statelessf on my ground not provided for in this trticle. jMlTED NATIONS Distr. GENERAL A/C0WF.9/L.68 \SSEMBLY 17 April 1959 Original: ENGLISH UNITED NATIONS CONOTMGS ON THE EL31ÏINATION OK iGDUCTION Of FUTURE STAI3IESÊMESS FilitfiSRAL Pvi-IRJBLIO Off GERMANY AND UNITED KINGDOM: Amendment to article 7 as adopted by the Cojiraittee of the Whole and revised by the Drafting Committee (A/C0NF.9/L.4Q) At the end of Article 7 add the following paragraph: 6. Except in the circumstances mentioned in paragraphs 1, 4- and 5 of this Article, a person shall not lose the nationality of a Contracting State, if such loss would render him stateless, notwithstanding that such loss is not expressly prohibited by any other provision of this Convention. UNITED NATIONS Pistr. GENERAL LnjiiT:i;D A/C0NÏ.9/L.69 ASSEMBLY 17 April 1959 Original : MGLISH UNITED NATIONS ^ ON OR EDUCTION imsndnant to article Goiiaiittee of the "-/hols p-nd revised by the Dr^ftiag " * (//P In article 6,for the words I!the less of thrt nationality by thnt person1' substitute tha words ÎTth^.t person losing or being fioprived of th^t nationality7- UNITED NATIONS Jvi3tr. GENERAL ENGLISH Originals ENGLISH/FRENCH/ SPANISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS Text of Articles adopted by tho Conference and revised by the Drafting Committee Article 1 1. A Contracting State shall grant its nationality to a person born in its territory who would otherwise be stateless. Such nationality shall be granted s (a) at birth, by operation of law, or (b) upon an application being lodged with the appropriate authority, by or on behalf of the person concerned, in the manner prescribed by the national law. Subject to the provisions of paragraph 2 of this article, no such application may be rejected. A Contracting State which provides for the grant of its nationality in accordance with sub-paragraph (b) of this paragraph may also provide for the grant of its nationality by operation of law at such age and subject to such conditions as may l»e prescribed tjy the national law. 2. A Contracting Sta-ce may make the grant of its nationality in accordance with sub^paragraph (b) of paragraph 1 of this Article subject to one or more of the following conditionsi (a) that the application is lodged during a period, fixed by the Contracting State, beginning not later than at the age of eighteen years and ending not earlier than at thé age of twenty-one years, so, however, that the person conoarned shall be allowed at least one year during which he may himself make the application without having to obtain legal authorisation to do so0, (b) that the person concerned has habitually resided in the territory of the Contracting State for such period as may be fixed by that State, not exceeding five years immediately preceding the lodging of the application nor ten years in all; A/C0NF.9/L.70 page 2 (c) that the person concerned has neither been convicted of an offence against national security nor has been sentenced to imprisonment for a term of five years or more on a criminal charge, (d) that the person concerned has always been stateless, 3. Notwithstanding the provisions of paragraphs 1 (b) and 2 of this Article, a child born in wedlock in the territory of a Contracting State, whose mother has the nationality of that State, shall acquire at birth that nationality if it otherwise would be stateless. 4» A Contracting State shall grant its nationality to a person who would otherwise be stateless and who is unable to acquire the nationality of the Contracting State in whose territory he was born because he has passed the age for lodging his application or has not fulfilled the required residence conditions, if the nationality of one of his parents at the time of the person's birth was that of the Contracting State first above mentioned. If his parents did not possess the same nationality at the time of his birth, the question whether the nationality of the person concerned should follow that of the father or that of the mother shall be determined by the national law of such Contracting State. If application for such nationality is required, the application shall be made to the appropriate authority by or on behalf of the applicant in the manner prescribed by the national law. Subject to the provisions of paragraph 5 of this Article, such application shall not be refused 5. The Contracting State may make the grant of its nationality in accordance with the provisions of paragraph 4 of this article subject to one or more of the following conditions s (a) that the application is lodged before the applicant reaches an age, being not less than twenty-three years, fixed by the Contracting State? (b) that the person concerned has habitually resided in the territory of the Contracting State for such period immediately preceding the lodging of the application, not exceeding three years, as may be fixed by that State ; (c) that the person concerned has always been stateless. UNITED NATIONS Distr. LIuU.IL; GENERAL A/COMJ?. 9/L. 70/Add. 1 ASSEMBLY 17 jo Original : SNGLISH/F-LSNCK/ .SPANISH UNITED NATIONS COHESagNGE ON ÏB3 ELIMINATION Ob. EDUCTION OF FUmiE STATELESSNESS Teact of Article adopted by the Conférence and revised by the Drafting Committee Article 2 A foundling found in the territory of E. Contracting State shall, in the absence of proof to the contrary, be considered to have been born within that territory of parents possessing the nationality of that State. UNITED NATIONS Distr. LIMITED GENERAL A/CONF.9/L.TO/Add.2 ASSEMBLY 17 April 1959 ENGLISH Original s / UNITED NATIONS CûïTl?333ïIC3 DÎT TILE ELBLLIÏÏATIOÎT OR REDUCTION OF FUÏUR3 S2AT3LSSSN3SS Text of Articles ado-y^g^ by_ the Conference and ado^p t ej^by '^Àe Drafting Committee Article, 3 For the purpose of determining the obligations of Contracting States under this Convention, birth on a ship or in an aircraft shall be deemed to have te&en place in the territory of the State whose flag the ship flies or in the territory of the State in which the aircraft is registered, as the case may be. (IP.) UNITED NATIONS u LIMITED ^ r K 1 r n A I iM/7S3S8\m A/C0N!b\9/L.70/Add.3 GENERAL «8S1 " Apm'W A b b t /V\ D L Y ^-^ Original: SPANISH NATIONS CONi^RMC^ ON THE ELIMINATION REDUCTION OF FUTUHE STATELESSNESS Text of Articles adopted by the Conference and revised by the Dr aft i ng 0 ommit tee Article\ 4- 1, A Contracting State shall grant its nationality to a person, net born in the territory Qf a Contracting State, who would otherwise be stateless, if the nationality of one of his parents at the time of the persons birth was that of that State. If his parents did not possess the seine nationality at the time of his birth, ths question whether the nationality of the person concerned should follow that of the father or that of the mother shall be determined by the national law of such Contracting State. Nationality granted in accordance with the provisions of this paragraph shp.ll be granted: (a) at birth, by operation of laws or (b) uppn an application being lodged with the appropriate authority* by or on behalf of the person concernedj. in the manner prescribed by the national law. Subject to the provisions of paragraph 2 of this Article, no such application may be rejected. 2. A Contracting State may make the grant of its nationality in accordance with the provisions of paragraph 1 of this Article subject to one or more of the following conditions: (a) that the application is lodged before the applicant reechos an age, being not less than twenty-three yearsf fixed by the Contracting State; (b) that the person concerned has habitually resided in the territory of the Contracting State for such period iiranodiately preceding the lodging of the application^ not exceeding three years, as may be fixed by that State; (c) that the person concerned has not-been convicted of an offence against national security; 1 . 'd) that tho person concerned has always besn stateless. Distr. UNITED NATIONS LIMITED A/CQW . 9/L. 70/Add A 17 April 1959 GENERAL ENGLISH Original: 3NGLISH/ ASSEMBLY FRSNCH/SFANISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION pF FUTURE STATELESSNESS Text of Articles adopted by the Conference and adopted by the Drafting Committee article 5 1. If the law of a Contracting State entails IQSS of nationality as a conse- quence of any change in the personal status of a person such as marriage, termination of marriage, legitimation, recognition or adoption, such loss S!L?.11 be conditional upon possession or acquisition of another nationality. 2. If, under the law of a Contracting State, a child born out of wedlock loses the nationality of that State in consequence of a recognition of affiliation, he shall be given an opportunity to recover that nationality by "written application to the appropriate authority, and the conditions governing such application shall not be more rigorous than those laid down in paragraph 2 of article 1 of this Convention. UNITED NATIONS Distr. LIMITED A/CONF.9/L.7O/Ada.5 GENERAL 17 April 1959 ENGLISH ASSEMBLY Original: ENGLISH/P3SNGH/ SPANISH UNITED MATIONS CONFERENCE ON THE ELIMINATION Oil REDUCTION OP FUTURE STATELESSNESS Text of Articles adopted by the Conference and revised by the Drafting Committee Article 10 1. Every treaty between Contracting States providing for the transfer of territory shall include provisions designed to secure that no person shall become stateless as a result of the transfer. A Contracting State shall use its best endeavours to secure that any such treaty made by it with a State which is not a party to this Convention includes such provisions. 2. In the absence of such provisions a Contracting State to which territory is "transferred or which otherwise acquires territory shall confer its nationality on such persons as would otherwise become stateless as a result of the transfer or acquisition. p.) UNITED NATIONS Distr. A/CON?, 9/L,. 70/Add. 6 GENERAL 17 April 1959 ENGLISH ASSEMBLY Original : ENG^ISH/FLENCl/SPANISi: UNITED NATIONS CONFERENCE ON TEE ELIMINATION OI-L REDUCTION OF FUTURE STATELESSNESS Text of Articles adopted by the Conference and revised by the Drafting Committee Article 11* The Contracting States shall promote the establishment within the framework of the United Nations, as soon as may be after the deposit of the sixth instrument of ratification or accession, of a body to Which a person claiming the benefit of this Convention may apply for the examination of his claim and for assistance in presenting it to the appropriate authority. * Adopted subject to a right of reservation p.) NATIONS Distr. LIMITED A/0 0M3?. 9/L. 70/Add. 7 GENERAL 17 April 1959 ASSEMBLY ENGLISH Original: ENGLISH/FRENCH/ SPANISH UNITED N.-:.TI NS CONFERENCE ON THE ELIMINATION OR REDUCTION OF MJTUKE STATELESSNESS Text of Articles adopted by the Conference and revised by the Drafting Committee Article 12 1. This Convention shall be opened for signature at Geneva on ... April 1-959 and shall thereafter be deposited with the Secretary-General of the United Nations. It shall be open for signature at the European Office of the United Nations from ... April to 30 June 1959 and shall be re-opened for signature at the Headquarters of the United Nations from 3 August 1959 to 31 December 1960. 2. This Convention shall be open for signature on behalf of: (a) any State Member of the United Nations; (b) any other State invited to attend the United Nations Conference on Elimination or Reduction of Future Statelessness; (c) any State to which an invitation to sign or to accede may be addressed by the General Assembly of the United Nations. 3. This Convention shall be ratified and the instruments of ratification shall be deposited with the Secretary-General of the United Nations, 4. This Convention shall be open for accession by the States referred to in paragraph 2 of this Article. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations, UNITED NATIONS Distr. = LIMITED VC0HF.9/L.70/Add.8 GENERAL 17 April 1959 ENGLISH ASSEMBLY Originals MULISH/TRENCH/ SPANISH UNITED NATIONS CONFERENCE CN THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS Text of Articles adopted by the Conference. and revised by the Drafting Committee Article 14 1, The present Convention shall enter into force two years after the date of the deposit of the sixth instrument of ratification or accession. 2. For each State ratifying or acceding to this Convention after the deposit of the sixth instrument of ratification or accession, it shall enter into force on the ninetieth day after the deposit by such State of its instrument of ratification or accession or on the date on which this Convention enters into força in accordance with the provisions of paragraph 1 of this Article, whichever is the later. Distr, NATIONS LIMITED A/C0NF.9/L.70/Add.9 GENERAL 17 April 1959 ENGLISH ASSEMBLY Original? 3NGLISE/FRENCH/SPANISH UNITED NATIONS CONFERENCE ON TIE ELIMINATION OR ?uEDUCTION OP FUTURE STATELESSNESS Text of Articles adopted by the Conferencei and revised by the drafting Committee Article 15 Any Contracting State max denounce this Convention at any time by a written notification addressed to the Secretary-General of the United Nations. Such denunciation shall take effect for the Contracting State concerned one year after the date of its receipt by the Secretary-General, DOITED NATIONS Distr. LIMITED GENERAL A/CONF. 9/L. 70/Add. 9/Rev. 1 17 April 1959 ASSEMBLY ENGLISH Original: UNITED NATIONS CONMUNCS ON THE OR REDUCTION OF FUTURE Cpnf erencg and reyisLed Article 15 1. j.aiy Contracting State may denounce this Convention at any time by a written notification addressed to the Secretary-General of the United Nations. Such denunciation shall take effect for the Contracting State concerned one year i-.fter the date of its receipt by the Secretary-General. 2. In cases where, in accordance with the provisions of Article ..., this Convention has become applicable to a non-metropolitan territory of a Contracting State, that State may at any time thereafter, with the consent of the territory concerned, give notice to the Secretary-General «f the United Nations denouncing this Convention separately in respect of that territory. The denunciation shall take effect one year after the date of the receipt of such notice by the Secretary-General, who shall notify all other Contracting States of such notice and the date of receipt thereof. UNITED NATIONS ,istr. LILTT .JD C F N E R A L ÊuÊWik SEMBLY Sw Original : . Ji .GLIaH/Fil-.^ CK/ UNITJO NOTIONS COl^-jUJKCii; ON ÏHo Ji) 0^ il AUCTION 0? jj'UTUïtJ OJL'...'J.\.1> ^dï^JS Text of Articles adopted by the Conference and revised by the Drafting Committee New article (territorial application clause)# 1. This Convention shall apply to all non-self-governing, trust, colonial and other non-metropolitan territories for the international relations of which any Contracting ots.ts is rasponsible; the Contracting 3tate concerned sn.,11, subject to ths provisions of pare graph 2 of this ..rticlej, at 'ths time of signature, rcitification or accession,, declare the non-metropolitan territory" or territories to which the Convention shall apply i£sojfa,cto as a result of such signature> ratification or accession. 2. In any case in which,, for ths purpose of nationjlity, a non-netropolitan territory is not treated as one with the metro :olit?n territory, or in any case in which the previous consent of a non-metropolitan territory is required by the constitutional laws or practices of the Contracting ot^ts or of the non-metropolitan territory for the application of the Convention to thct territory, that Contracting iitate shall endeavour to secure the needed consent of ths non-metropolitan territory within the period of twelve months from the date of signature of the Convention by that Contracting atate> and when sucu consent hcis been obtained the Contracting •itate shall notifj7 the àecretary-Generc-l of the United Nations• This Convention shall apply to ths territory or territories named in such notification from the date of its receipt by the 3ecratary-Genaralf 3. After the expiry of the tirelve-month period mentioned in paragraph 2 of this •article, the Contracting States concerned shall inform the oecretary-G-eneral of the resultd of ths consultations with those non-matropolitdi territories for whose international relations they are responsible and whose consent to the application of this Convention may have been withheld, * adopted subject to the right to enter reservations to this article. UNITED NATIONS Distr. A/COKF. 9/L. 70/Add .11 GENERAL 17 .:;.pril 1959 ASSEMBLY ENGLISH Original: .1ÏTOLISH/ UNIT3D KLï'IOiB CONFERENCE ON :fH3 li-LIKIMTION OR R1DUCÏIOÏÏ OF FUTURE -STATSISSoNSSS Text of .articles adopted by the Conference and revised by the Drafting Committee New .article* (Settlement of disputes^ Any dispute between Contracting States concerning the interpretation or application of this Convention which cannot be settled by other sisans shall be submitted to the International Court of Justice at the request of any cme oi the parties to the dispute. Adopted subject to the right to enter reservations to this article. UNITED NATIONS Distr. GENERAL LIMITED A/CONF .9/L. 70/Add. 12 ASSEMBLY 17 April 1959 ENGLISH Original: SNGLISH/FREMCK/SPANISH UNITED NATIONS CONFERENCE ON TEE ELIMINATION OR REDUCTION OF FUTURS STATELESSNESS Text of Articles adopted by the Conference and revised by the Drafting Committee New Article (Effect of Convention) 1. In relation to a Contracting State which does not, in accordance with the provisions of paragraph 1 of Article 1 or of Article 4 of this Convention, grant its nationality at birth by operation of law, the provisions of paragraph 1 of Article 1 or of Article 4, as the case may be, shall apply to persons bprn before as well as to persons born after the entry into force of this Convention. 2. The provisions of paragraph 4 of Article 1 of this Convention shall apply to persQns born before as well as to persons born after its entry into force. 3. The provisions of Article 2 of this Convention shall apply only to foundlings found in the territory of a Contracting State after the entry into force of the Convention for that State. UNITED NATIONS Distr. 0 t IN t K A L Mffif^ A/C0NF.9/L.70/Add.l3 16Apri1195ENGLISH 9 ASSEMBLY WW Original: ENGLISH/FRENCH/SPANISÏ UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS Text of Articles adopted by the Conference and revised b.y the Drafting Committee Article 7 1 (a) If the law of a Contracting State permits renunciation of nationality, such renunciation shall not result in loss of nationality unless the person concerned possesses or acquires another nationality. (b) The provisions of Ê^.^paragraph (a) of this paragraph shall not apply where their application would be inconsistent with the principles stated in Articles 13 and 14 of the Universal Declaration of Human Eights approved on 10 December, 1943, by the General Assembly of the United Nations. 2. A national of a Contracting State who seeks naturalization in a foreign country shall not lose his nationality unless ha acquires or has been accorded assurance of acquiring the nationality of that foreign country• 3. Subject to the provisions of paragraphs 4 and 5 of this Article, a national of a Contracting State shall not lose his nationality, so as to become stateless, on the ground of departure, residence abrroadj failure to register or on any similar ground. 4. A naturalized person may lose his nationality CO account of residence abroad for a period, not less than seven consecutive years, specified by the law of the Contracting State concerned if he fails to declare to the appropriate authority his intention to retain his nationality. 5. In the case of a national of a Contracting State, born outside its territory, the law of that State may make the retention of its nationality after the expiry of one year from his attaining his majority, conditional v:jon residence at that time in the territory of the State or registration with the appropriate authority, 6. Except in the circumstances mentioned in this Article, a person shall not lose the nationality of a Contracting State, if such loss would render him stateless, notwithstanding that such loss is not expressly prohibited by any other provision of this Convention. UNITED NATIONS Distr. LIMITED A/CONF. 9/L, 70/Add. H GENERAL 17 April 1959 ASSEMBLY ENGLISH Original Text of Articles adopted by the Conference and revised by the drafting Committee Article 6 If the law of a Contracting State provides for loss of its nationality by a person's spouse or children as a consequence, of that person losing or being deprived of that nationality such loss shall be conditional upon their possession or acquisition of another nationality. UP.1 NATIONS Distr. LIMITED GENERAL A/CONF.9/L.7O/Add.l5 17 April 1959 ASSEMBLY ENGLISH Originali ENGLISH/FRENCH/ SPANISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS ff ext_of_ JkxAicleg-JLdopt éd.. Jbx. _the Con f ere ne ; ançi..rev1 a eJLJaL_the, Draft4n£...Q.QJipit tee Article. 5 A Contracting State may not deprive any person or group of persons of their nationality on racial, ethnic, religious or political grounds. UNITED NATIONS Bistr» LIHITED GENERAL A/COKF . 9/L. Ç * 16 ASSEMBLY 17 April 1959 Original: .J NATIONS CON,;!JR-NC:S ON rm-ii OH REDUCTION OF ITJTlJiL-. STAÏEL-JSSM;.]S revised by the Drafting Coim-qittee This Coaventicm shall not tie construed as affecting any provisions more conducive t© th@ reduction gf statslessness which may be c©ntainad in the law of any ©ontraeting State now or hereafter in force, or may bo contained in any other convention, treaty or agreement n©w or hereafter in fQrcs between two ©r m©r© Contracting States. UNITED NATIONS Diatr. LBT.ITED GENERAL A/C0NF.9/L.71 ASSEMBLY 17 April 1959 ENGLISH Original: ENGLISH/FRENCH/SPANISH UNITED NATIONS CONFÉRENCE ON THE ELIMINATION OR DEDUCTION OF FUTUÏÎS STATELESSNESS Article 15* New paragraph approved as to form, withont France and Belgium participating in the decision, by the Drafting Committee 2. In cases where, in accordance with the provisions of Article •-•, this Convention has become applicable to a non-metropolitan territory of a Contracting Statey that otatre may at any time thereafter, with the consent of the territory concerned, give notice to th© Secretary-General of the United Nations denouncing thie Convention separately in respect of that territory. The denounciation shall take effect one year after the date of the receipt cf such notice by the Secretary- General, who shall notify all other Contracting States of such notice and the date of receipt thereof. This paragraph is based on paragraph 4 of Article 14 of the Convention on Abolition of Slavery, 1956o p.) UNITED NATIONS Distr. LIMITED GENERAL A/C0N?.9/L.72 lô April 1959 ASSEMBLY Originals ENGLISH UNITED MOTIONS CONFERENCE ON TrIE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS BRAZIL: Amendment to text of Article 8 as adopted by the Comaittee of the Thole and revised by the Drafting Committee ( A/CONP. 9/L. 40/Add. 51 Paragraph 2 Replace the introductory phrase ending with the words "ratification or accession" by the following: "Notwithstanding paragraph 1 of this Article, at the time of signature, ratification or accession, any Contracting State may specify that the following raay constitute grounds for depriving a person of its nationality;" Paragraph 3 In the first line replace the words "made such a reservation as is" by "specified such grounds for deprivation as are". UNITED NATIONS GENERAL |f|| ÏÏSi. ASSEMBLY MSjjP fZlliîl ©riginol: ENGLISH UNITED NiTIOtfS GONF-iJHIaaTCjiJ ON New article after Article 4 A Contracting Stnte shall grant its nationality to an •unmarried minor child of o person who in accordance with Article 1 or 4 of this Convention acquires that nationality, if the child would otherwise be stateless. Tho national law of the Controcting Stnte determines whether a child in such case shall follow the father or the mother. UNITED NATIONS DIstr. LU/IITSD GENERAL A/C0NF.9/L.74 17 April 1959 ASSEMBLY 3NGLISE Original: FRENCH UNITED MATIONS CONPEEEMCE ON THE ELIMINATION OR SEDUCTION OP FUTURE STATELESSNESS NORWAY; Draft resolution The Conference recommends Contracting Parties making the retention of nationality by their nationals abroad subject to a declaration or registration to take all possible steps to ensure that such persons are informed in time of the formalities and time-limits to be observed if they are to retain their nationality. dp.) UNITED NATIONS Distr. GENERAL UÎEEÏÏÏD ASSEMBLY 17 April 195<5 Original : iJF TJKIM3 HATIONS 'i. OH TKi 3LIi-.INA.TIOE OR INDUCTION Or JUF ÂpJ^L J, Drt-ft Resolution Insert the following text in the Find Act of the Conference : The Conference tht.t for the purpose of the Convention the term "convicted" slu.ll mecn "convicted by c fintl judgnient of a court of competent jurisdiction11. *•) UNITED NATIONS GENERAL Distr. A/C0NF.Q/L.76 ASSEMBLY 18 April 1959 Origin?! : UNITED NATIONo CONZ.^-dSNCS ON T3à 02 TH.--J I^JJUCTIOlv 01 tt-JZ&iiibcSsu CANADA. ..-JfD UNITED KINGDOM: Anjndment to Article 8 Substitute for Article 8 the following Article 8 1. A Contracting -tnts shall not deprive a person of its nationality if suoh deprivation would render him stateless, £. Notwithstanding anything in paragraph 1 of this Article, a person other thpn a naturel born national may be deprived of his nationality so as to ba rendered stateless : (r) on the ground mentioned in paragraph 4 of Article 7, or (b) on tho ground of falsa representation or fraud for the purpose of obtaining the Contracting state's nn.tionplity. 3. At t3j3 time of signature, ratification or accession a Contracting .-:tate may mpke a reservation to praragrnph 1 of this Article reserving to itself the right to deprive a person of its nationality, notwith- standing that he would thereby bs rendered stateless, on any ground of national security and public order (''ordre publique'') specified at the time of signature, ratification or accession, being a ground of deprivation recognised in the national law p.s in force on ... April 1959. 4, In the cases in which deprivation is permitted under paragraph 2 of this Article or where a Contracting Str.te has made such a reservation as is mentioned in paragraph 2 of this Article, a national of tha Contracting State shall only be deprived of his nationality in accordance with procedure established by lnw, which shall provide for submission of the case to a completely independent and impartial body. (IP-) UNITED NATIONS Distr, GENERAL LIKITST A/C0Ni\9/L.77 ASSEMBLY 18 April 1959 Original : LUMGLISE ON TS3i ISLIKIN&TION OR TB2 REDUCTION OF Résolution adopted by the Conference at its 14-th plenary meeting on 18 April 1959 "The tc terminate the work entrusted to it within the tine provided for its work PrnPP_ses_ to the competent organ of the United Nations to reconvene the Conference at the earliest possible tine in erôer to continue and oomplete its work." ftp.) UNITED NATIONS IJistr, GENERAL ASSEMBLY ^^^w 20 April 1959 ENGLISH , H ^k^^^ OriginalENGLISH : ^GLISH/FRENCH/ SPANISH UNITED NATIONS CONFEÏ3ENCE ON THE ELIMINATION OR REDUCTION OP FUTURS STATELESSNESS Text of Articles adopted by the Conference and revised by the Drafting Committee Article 1 1» A Contracting State shall grant its nationality to a person born in its territory who would otherwise be stateless. Such nationality shall be granted: (a) at birth, by operation of law, or (b) upon an application being lodged with the appropriate authority, by or on behalf of the person concerned, in the manner prescribed by the national law. Subject to the provisions of paragraph 2 of this article, no such application may be rejected. A Contracting State which provides for the grant of its nationality in accordance with sub-paragraph (b) of this paragraph may also provide for the grant of its nationality by operation of law at such age and subject to suoh conditions as may be prescribed by the national law. 2. A Contracting State may make the grant of its nationality in accordance with sub-paragraph (b) of paragraph 1 of this Article subject to one or more of the following conditions: (a) that the application is lodged during a period, fixed by the Contracting State, beginning not later than at the age of eighteen years and ending not earlier than at the age of twenty-one years, so, however, that the person concerned shall be allowed at least one year during which he may himself make the application without having to obtain legal authorisation to do so; (b) that the person concerned has habitually resided in the territory of the Contracting State for suoh period as may be fixed by that State, not exceeding five years immediately preceding the lodging of the application nor ten years in allj * Reproduces in re-arranged order the texts contained in A/CONF.9/L.7O and v Adds. 1-16 A/C0NF.9/L.78 page 2 (c) that the person concerned has neither been convicted of an offence against national security nor has been sentenced to imprisonment for a term of five years or more on a criminal charge; (d) that the person concerned has always been stateless. 3. Notwithstanding the provisions of paragraphs 1 (b) and 2 of this Article, a child born in wedlock in the territory of a Contracting Statef whose mother has the nationality of that State, shall acquire at birth that nationality if it otherwise would be stateless. 4. A Contracting State shall grant its nationality to a person who would otherwise be stateless and who is unable to acquire the nationality of the Contracting State in whose territory he was born because he has £3assed the age for lodging his application or has not fulfilled the required residence conditions, if the nationality of one of his parents at the time of the person's birth was that of the Contracting State first above mentioned. If his parents did not possess the same nationality p»t the time of his birth, the question whether the nationality of the person concerned should follow that of the father or that of the mother shall be determined by the national law of such Contracting State. If application for such nationality is required, the application shall be made to the appropriate authority by or on behalf of the applicant in the manner prescribed by the national law. Subject to the provisions of paragraph 5 of this Article, such application shall not be refused. 5. The Contracting State may make the grant of its nationality in accordance with the provisions of paragraph 4 of this Article subject to one or more of the following conditions: (a) that the application is lodged before the applicant reaches an age, being not less than twenty-three years, fixed by the Contracting State? (b) that the person concerned has habitually resided in the territory of the Contracting State for such period immediately preceding the lodging of the application, not exceeding three years, as may be fixed by that State ; (c) that the person concerned has always been stateless. A/CON? e 9 A ' 73 page 3 Article 2 A foundling found in the territory of a Contracting State shall, in the absence of proof to the contrary, be considered to have been born within that territory of parents possessing the nationality of that State„ Article 3 For the purpose of determing the obligations of Contracting States under this Convention, birth on a ship or in an aircraft shall be deeded to have taken place in the territory of the State whose flag the ship flies or in the territory of the State in which the aircraft is registered, as the case may be» Arj>jjçle 4 1. A Contracting State shall grant its nationality -to a person, not born in the territory of a Contracting State, who would otherwise be statelessf if the nationality of one of his parents at the time of the person's birth was that of that State. If his parents did not possess the same nationality at the time of his birth, the question whether the nationality of the person concerned should follow that of the father or that of the mother shall be determined by the national law of such Contracting State. Nationality granted in accordance with the provisions of this paragraph shall be granted: (a) at birth, by operation of law, or (b) upon an application being lodged with the appropriate authority, by or on behalf of the person concerned, in the manner prescribed by the national law. Subject to the provisions of paragraph 2 of this Article, no such application may be rejected» 2. A Contracting State may make the grant of its nationality in accordance with the provisions of paragraph I of this Article subject to one or more of the following conditions: (a) that the application is lodged before the applicant reaches an age, being not less than twenty-three years, fixed by the Contracting State; (b) that the person concerned has habitually resided in the territory of the Contracting State for such period immediately preceding the lodging of the application, not exceeding three years, as may be fixed by that State; (c) that the person concerned has not been convicted of an offence against national security; (d) that the person concerned has always been stateless. A/C0NF.9/L.78 page 4 Article 5 1. If the law of a Contracting State entails loss of nationality as a consequence of any change in the personal status of a person such as marriage, termination of marriage, legitimation, recognition or adoption, such loss shall be conditional upon possession or acquisition of another nationality. 2. If, under the law of a Contracting State, a child horn out of wedlock loses the nationality of that State in consequence of a recognition of affiliation, he shall be given an opportunity to recover that nationality by written application to the appropriate authority, and the conditions governing such application shall not be more rigorous than those laid down in paragraph 2 of Article 1 of this Convention* If the law of a Contracting State provides for loss of its nationality by a person's spouse or children as a consequence of that person losing or being deprived of that nationality such loss shall be conditional upon their possession or acquisition of another nationality. Article 7 1 (a) If the law of a Contracting State permits renunciation of nationality, such renunciation shall not result in loss of nationality unless the person concerned possesses or acquires another nationality. (b) The provisions of sub-paragraph (a) of this paragraph shall not apply where their application would be inconsistent with the principles stated in Articles 13 and 14 of the Universal Declaration of Human Rights approved on 10 December, 1948, by the General Assembly of the United Nations. 2. A national of a Contracting State who seeks naturalization in a foreign country shall not lose his nationality unless he acquires or has been accorded assurance oi acquiring the nationality of that foreign country. 3. Subject to the provisions of paragraphs 4 and 5 of this Article, a national oi a Contracting State shall not lose his nationality, so as to become stateless, on the ground of departure, residence abroad, failure to register or on any siinilar ground. 4. A naturalized person may lose his nationality on account of residence abroad, for a period, not less than seven consecutive years, specified by the law of tne Contracting State concerned if he fails to declare to the appropriate authority intention to retain his nationality. A/C0ÏÏF.9/L.78 page 5 5. In the case of a national of a Contracting State, born outside its territory, the lsw of that State may make the retention of its nationality after the expiry of one year from his attaining his majority, conditional upon residence at that time in the territory of the State or registration with the appropriate authority. 6. Except in the circumstances mentioned in this Article, a person shall not lose the nationality of a Contracting State, if such loss would render him stateless, notwithstanding that such loss is not expressly prohibited by any other provision of this Convention. Article 9 À Contracting State may not deprive any person or group of persons of their nationality on racial, ethnic, religious or political grounds. Article 10 1« Every treaty between Contracting States providing for the transfer of territory shall include provisions designed to secure that no person shall become stateless as a result of the transfer. A Contracting State shall use its best endeavours to secure that any such treaty made by it with a State which is not a party to this Convention includes such provisions. 2. In the absence of such provisions a Contracting State to which territory is transferred or which otherwise acquires territory shall confer its nationality on such persons as would otherwise become stateless as a result of the transfer or acquisition. Article The Contracting States shall promote the establishment within the framework of the United Nations, as soon as may be after the deposit of the sixth instrument of ratification or accession, of a body to which a person claiming the benefit of this Convention may apply for the examination of his claim and for assistance in presenting it to the appropriate authority. Adopted subject to a right of reservation A/C0NF.9/L.78 page 6 New article (Territorial Application clause)* 1. This Convention shall apply to all non-self-governing, trust, colonial and other non-metropolitan territories for the international relations of which a,ny Contracting State is responsible; the Contracting State concerned shall, subject to the provisions of paragraph 2 of this Article, at the time of signature, ratification or accession, declare the non-metropolitan territory or territories to which the Convention shall apply ipso facto as a result of such signature, ratification or accession. 2. In any case in which, for the purpose of nationality, a, non-metropolitan territory is not treated as one with the metropolitan territory, or in any case in which the previous consent of a non-metropolitan territory is required by the constitutional laws or practices of the Contracting State or of the non-metropolitan territory for the application of the Convention to that territory, that Contracting State shall endeavour to secure the needed consent of the non-metropolitan territory within the period of twelve months from the date of signature of the Convention by that Contracting State, and when such consent has been obtained the Contracting State shall notify the Secretary-General of the United Nations. This Convention shall apply to the territory or territories named in such notification from the date of its receipt by the Secretary-General. 3. After the expiry of the twelve-month period mentioned in paragraph 2 of this Article, the Contracting States concerned shall inform the Secretary-General of the results of the consultations with those non-metropolitan territories for whose international relations they are responsible and whose consent to the application of this Convention may have been withheld. New article (Effect of Conventijm^ 1. In relation to a Contracting State which does not, in accordance with the provisions of paragraph 1 of Article 1 or of Article 4 of this Convention, grant its nationality at birth by operation of ls,w, the provisions of paragraph 1 of Article 1 or of Article 4, as the case may be, shall apply to persons born before as well as to persons born after the entry into force of this Convention. 2. The provisions of paragraph 4 of Article 1 of this Convention shall apply ^° persons born before as well as to persons born after its entry into force. 3. The provisions of Article 2 of this Convention shall apply only to foundlings found in the territory of a Contracting State after the entry into force of the Convention for that State. .n an&nv T.--. r.n-r,TT-^4-4 „••»„ -J. ~ 4.1-.: _ .*—L _• _ n - A/C0NP.9/L.78 page 7 New article This Convention shall not be construed as affecting any provisions more conducive to the reduction of statelessness which may be contained in the law of any Contracting State now or hereafter in force, or may be contained in any other convention, treaty or agreement now or hereafter in force between two or more Contracting States. New article (Settlement of Disputes)* Any dispute between Contracting States concerning the interpretation or application of this Convention which cannot be settled by other means shall be submitted to the International Court of Justice at the request of any one of the parties to the dispute. Article 12 1. This Convention shall be opened for signature at Geneva on ... April 1959 and shall thereafter be deposited with the Secretary-General of the United Nations. It shall be open for signature at the European Office of the United Nations from .„. April to 30 June 1959 and shall be re-opened for signature at the Headquarters of the United Nations from 3 August 1959 to 31 December 1960. 2. This Convention shall be open for signature on behalf of: (a) any State Member of the United NationsJ (b) any other State invited to attend the United Nations Conference on Elimination or Reduction of Future Statelessness; (c) any State to which an invitation to sign or to accede may be addressed by the General Assembly of the United Nations. 3. This Convention shall be ratified and the instruments of ratification shall be deposited with the Secretary-General of the United Nations. 4. This Convention shall be open for accession by the States referred to in paragraph 2 of this Article. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations Article 14 1. This Convention shall enter into force two years after the date of the deposit of the sixth instrument of ratification or accession. 2. For each State ratifying or acceding to this Convention after the deposit of the sixth instrument of ratification or accession, it shall enter into force on the ninetieth day after the deposit by such State of its instrument of ratification * Adopted subject to the right to enter reservations tô this Article. A/C0NP.9/L.78 page 8 or accession or on the date on which this Convention enters into force in accordance with the provisions of paragraph 1 of this Article, whichever is the later. Article_15> 1. Any Contracting State may denounce this Convention at any time by a written notification addressed to the Secretary-General of the United Nations. Such denunciation shall take effect for the Contracting State concerned one year after the date of its receipt by the Secretary-General. 2. In cases where, in accordance with the provisions of Article ..., this Convention has become applicable to a non-metropolitan territory of a Contracting State, that State may at any time thereafter, with the consent of the territory concerned, give notice to the Secretary-General of the United Nations denouncing this Convention separately in respect of that territory. The denunciation shall take effect one year after the date of the receipt of such notice by the Secretary- G-eneral, who shall notify all other Contracting States of such notice and the date cf receipt thereof. UNITED NATIONS Distr. GENERAL LIMITED A/C0NF.9/L.79 ASSEMBLY 12 May 1=59 Original: ENGLISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS List of the Documents of the Conference issued prior to 21 April 1959 A/COHF.O/l Provisional agenda (prepared by the Secretariat of the United Nations) A/COHF.9/2 Provisional rules of procedure (prepared by the Secretariat of the United Nations) A/CONF.9/3 Memorandum concerning the Method of Wor1" and Procedures of the Conference, by the Secretariat of the United Nations A/CONF.9/4 Denmark: Memorandum with Draft Convention on the Reduction of Statelessness A/COHF,9/5 Comments by Governments on the. revised Draft Convention on the Elimination of Future Statelessness and the revised Draft Convention on the Reduction of Future Statelessness prepared by the International Law Commission at its sixth session A/CONF.9/5/Add.l Addendum to Comments by Governments (Spain) Addendum to Comments by Governments (Jrapan) A/CONF.9/5/Add.3 Addendum to Comments by Governments (Ireland) A/CONF,9/5/Add.3/Corr,1 Corrigendum - English only A/CONF.9/6 History of the two draft conventions, one dealing with the Elimination of Future Statelessness and the other with the Reduction of Future Statelessness, prepared by the International Law Commission (Paper prepared by the Secretariat of the United Nations) A/CONF.9/7 List of documents A/C0NF.9A Organs and agencies established by treaty within the frameworh of the United Nations (Paper prepared by the Secretariat of the United Nations) A/C0NF,9/9 Final list of delegates P.) A/COWF.9/L.79 page 2 A/C0WP.9/L.1 Text of the Draft Conventions on the Elimination of Future Statelessness and on the Reduction of Future Statelessness prepared by the International Law Commission at its Sixth Session A/C0NP.9/L.2 Belgium : amendment to article 1 of the draft convention on the reduction of future statelessness A/C0NF.9/L.3 Belgium : amendment to article 4 of the draft convention on the reduction of future sxatelessness A/C0NF.9/L.4 United Kingdom : amendments to articles 1, 3 and 4 of the draft convention on the reduction of future state- lessness A/CONP.9/L.5 France : amendment to article 1 of the draft convention on the reduction of future statelessness A/CONF.9/L.5/Rev,l France : revised amendment to article 1 of the draft convention on the reduction of future statelessness A/C0NF.9/L.6 Denmark : amendments to article 1 of the draft convention on the reduction of future statelessness A/CONP.9/L.7 Yugoslavia : amendment to article 1 of the draft convention on the reduction of future statelessness A/CONF.9/L.7/Corr,l Yugoslavia : amendment to article 1 of the draft (English only) convention on the reduction of future statelessness Switzerland ; amendment to article 1 of the draft A/CONF.9/L.£ convention on the reduction of future statelessness Netherlands : amendment to article 1 of the draft A/CONF.9/L.9 convention on the reduction of future statelessness A/C0NF.9/L.9/CorrU Pays-Bas : amendment à l'article premier du projet de (French only) convention sur las réduction du nombre des cas d'apatridie dans l'avenir A/CONP.9/L.1O Denmark, France, Netherlands, Switzerland, United Kingdom; Joint amendment to article 1 of the draft convention on the reduction of future statelessness A/CONE.9/L.IO/RQV.I Denmark, France, Netherlands, Switzerland, United Kingdom: (English â Joint amendment to article 1 of ths draft convention on French only) the reduction of future statelessness A/CONF.9/L.11 United Kingdom : amendment to article C of the draft convention on the reduction of future statelessness A/CONF#9/L.ll/Corr,l United Kingdom : idem - Corrigenda A/CONF.9/L.12 Belgium : Amendment to article 5 of the draft convention on the reduction of future statelessness A/CONF.9/L.13 Denmark : amendment to article 2 of the draft convention on the reduction of future statelessnass A/C0NF.9/L.14 France: amendment to the amendment (A/C0NF»9/L.11) proposed by the United Kingdom to article 8 of the draft convention on the reduction of future statelessness A/CONF.9/L.79 page 3 A/CONP.9/L.15 Ceylon : amendment to the joint amendment (A/C0NF.9/L.10/ Rev.l) to article 1 of the draft convention on the reduction of future statelessness A/C0WF.9/L.16 Ceylon : amendment to article 7 of the draft convention on the reduction of future statelessness A/C0WF.9/L.16/Rev.l Ceylan : amendement à l'article 7 due projet de convention (French only) sur la réduction du nombre des cas d'apatridie dans l'avenir A/CONF.9/L.17 Pakistan : amendment to article 7 of the draft convention on the reduction of future statelessness A/CONF.9/L.18 Federal Republic of Germany : amendment to the joint amendment (A/C0NF.9/L.10/Rev.l) to article 1 of the draft convention on the reduction of future statelessness A/C0NF.9/L.19 Belgium : Amendment to the joint amendment (A/CONF.9/L.1O/ Rev.l) to article 1 of the draft convention on the reduction of future statelessness A/C0NF.9/L,20 United Kingdom : Amendment to article 10 of the draft convention on the reduction of future statelessness A/CONF.9/L.21 United Kingdom : Amendment to article 4 of the draft convention on the reduction of future statelessness A/CONP.9/L,22 Pakistan : Amendment to article 5 of the draft convention on the reduction of future statelessness A/CONF.9/L.23 Pakistan : Amendment to article 9 of the draft convention on reduction of future statelessness A/C0NF.9/L.24 United Kingdom ; Amendment to articles 11 and 16 of the draft convention on the reduction of future statelessness A/CONP.9/L.25 Turkey : Amendment to article 8 of the draft convention on the reduction of future statelessness A/CONF.9/L.26 United Kingdom : Proposed nevr article containing territorial application clause A/C0NF.9/L.27 Canada, Denmark, Federal Republic of Germany : Joint amendment to article 7 of the draft convention on the reduction of future statelessness A/COl\CP.9/L.27/Rev.l idem A/CONF.9/L.28 Pakistan : Amendment to the joint amendment (A/C0NF.9/L.27) proposed by Canada, Denmark, and Federal Republic of Germany to article 7 of the draft convention on the reduction of future statelessness A/CONF.9/L.29 Belgium : New draft article inserting a territorial application clause in the draft convention on the reduction of future statelessness A/CONF.9/L.3O Effect of Convention - Report of the Working Group A/CONF.9/L.79 page 4 A/COWF.9/L.31 Netherlands : Amendment to article 7 of the draft convention on the reduction of future statelessness A/C0NF.9/L.32 Netherlands : .Amendment to the amendment (A/C0NF.9/L.11) proposed by the United Kingdom to article 8 of the draft convention on the reduction of future statelessness A/CONP.9/L.33 Belgium ; Amendment to the amendment (A/CONF,9/L,24) proposed by the United Kingdom to articles 11 and 16 of the draft convention on the reduction of future statelessness A/C0WP.9/L.34 Israel : Amendment to article 6 of the draft convention on the reduction of future statelessness A/CONP.9/L.35 Canada, Denmark, Federal Republic of Germany, Italy and Netherlands : Joint amendment to article 7, paragraph 3 of the draft Convention on the reduction of future statelessness A/C0NP.9/L.36 Canada : amendment to the amendment (A/CONF.9/L.11) proposed by the United Kingdom to article 8 of the draft convention on the reduction of future statelessness A/C0NP.9/L.37 Denmark : Draft protocol on the establishment of a special agency and a tribunal relating to the Convention on the Reduction of Statelessness A/C0MF.9/L.38 Denmark ; New draft article A/CONF.9/L.39 Israel : Amendment to United Kingdom Amendment (A/C0NF.9/L.11 and Corr.l) to article 8 of the draft convention on the reduction of future statelessness A/C0NF.9/L.40 Text of articles adopted by the Committee of the Whole and revised by the Drafting Committee A/C0WF.9/L,40/Add.1 Text of articles adopted by the Committee of the Whole and revised by the Drafting Committee (article 14 and new article) A/C0NF.9/L.40/Add.2 Text of articles adopted by the Committee of the Whole and revised by the Drafting Committee (articles 6f 9, and new article) A/CQNF.9/L.4O/Add.3 Text of article 8 adopted by the Committee of the Whole and revised by the Drafting Committee A/C0NF.9/L.40/Add.4 Texts of articles adopted by the Committee of the Whole and revised by the Drafting Committee (article 11 d two new articles) A/C0NF.9/L.40/Add.4/Rev.l (French only) A/C0NF.9/L.40/Add.5 & Texts adopted by the Committee of the Whole and revised A/C0NF.9/L.40/Add.5/Rev.l by the Drafting Committee (Preamble and Final Provision; A/CONF.9/L.79 page 5 A/C0KTP.9/L.40/Add.6 Final Act of the Conference proposed by the Drafting Committee and including Resolutions adopted by the Committee of the Whole and as revised by the Drafting Committee A/C0NF.9/L.41 Models for an Optional Protocol of Signature concerning the Compulsory Settlement of Disputes A/C0NP.9/L.42 Text submitted by the Drafting Committee for an additional sub-paragraph to article 1, paragraph 2 A/C0JSTP.9/L.43 United Kingdom : Amendment to text submitted by the Drafting Committee for an additional sub-paragraph to article 1, paragraph 2 (A/C0NF.9/L.42) A/C0NF.9/L.44 Denmark : Amendment to article I as submitted by the Drafting Committee (A/C0NF.9/L.40) A/C0MP.9/L.45 Ceylon : Amendment to the amendment submitted by the United Kingdom to article 8 of the draft convention on the Reduction of Future Stateleseness (A/C0NF.9/L.11 and Corr.l) A/C0NF.9/L.46 Yugoslavia : Amendment to the Amendment submitted by the United Kingdom to article 8 of the draft convention on the reduction of future statelessness (A/C(MFe9/Lell and Corr.l) A/C0NF.9/L.47 Switzerland : Amendment to article 1 adopted by the Committee of the Whole and drafted by the Drafting Committee (A/CONF,-9/L.4O) A/C0WF.9/L.48 Belgium : Draft resolution A/C0NP.9/L.49 Belgium : Amendment to article 5 adopted by the Committee of the Whole and revised by the Drafting Committee (A/C0NF.9/L.40) A/CONF.9/L.5O Denmark : Amendment to article 2 as adopted by the Committee of the Whole and revised by the Drafting Committee (A/CONF,9/L.4O) A/CONF.9/L.51 Yugoslavia : Amendment to article 13 of the draft convention on the reduction of future statelessness A/CONF.9/L.52 Denmark : Draft resolution A/CONF.9/L.53 France, Israel, Italy : Amendment to the text of article 1 and article 4 as adopted by the Committee of the Whole and revised by the Drafting Committee (A/C0NF.9/L.40) A/C0NF.9/L.54 Pays-Bas : Amendements aux textes des articles premier et 4 adoptés par le Comité plénier et revisé par le Comité de rédaction (A/C0NF.9/L.40) A/COOT.9/L.55 Norway: Amendments to articles 6 and 7 as adopted by the Committee of the Whole and revised by the Drafting Committee (A/C0NF.9/L.40 and Add.2) A/CONF.9/L.79 page 6 A/C0NF.9/L.56 France : Amendment to article 1, paragraph 2, adopted by the Committee of the Whole and revised by the Drafting Committee (A/C0NF.9/L&40) A/COMP.9/L.57 Provisional Report on Credentials made by the President and the Vice-Presidents A/CONP.9/L.5C Ceylon : Amendment to Article 1 as adopted by the Committee of the Whole and revised by the Drafting Committee (A/C0NP.9/L.40) A/C0NP.9/L.59 Ceylon, India, Iraq, Pakistan, United Arab Republic : .Amendment to new article on territorial application clause contained in A/C0NF.9/L.40/Add-l A/COWF.9/L.6O United Kingdom : amendments to second New Article contained in document A/C0NP.9/L.40/Add.4 A/C0NP.9/L.61 Denmark : Draft protocol on the establishment of a tribunal relating to the Convention on the Reduction of Statelessness A/C0NP.9/L.62 Texts of articles adopted by the Conference (Articles 1, 2 â 3) A/C0NF.9/L.62/Add.l Texts of articles adopted by the Conference (Articles 4, 5, 10, 11, 12, 14, 15) A/C0NP.9/L,62/Add.2 Texts of articles adopted by the Conference - New articles (territorial application clause, settlement of disputes and effect of convention) and article 7 A/C0NF.9/L.63 Yugoslavia : Amendments to articles 7, 8 and 13 as adopted by the Committee of the Whole A/C0MF.9/L.64 Turkey : Amendment to article 8 adopted by the Committee of the Whole and revised by the Drafting Committee (A/C0NF.9/L840/Add.3) A/CONF.9/L.65 Holy See : Amendment to article 7 adopted by the Committee of the Whole A/C0NF.9/L.66 Report on credentials made by the President and the Vice-Presidents A/C0ÏJF.9/L.67 Federal Republic of Germany : Amendment to article 7 as adopted by the Committee of the Whole and revised by the Drafting Committee (A/C01\TFa9/L.40) Federal Republic of Germany and United Kingdom : A/CONP.9/L.68 Amendment to article 7 as adopted by the Committee of the Whole and revised by the Drafting Committee (A/C0NF.9/L.40) United Kingdom : Amendment to article 6 as adopted A/C0NF.9/L.69 by the Committee of the Whole and revised by the Drafting Committee (A/C0NF.9/L.69) A/CONF.9/L..79 page 7 A/C0NF.9/L.70 Text of articles adopted by the Conference and revised by the Drafting Committee (article l) A/CONF.9/L.7O/Add.1 Text of articles adopted by the Conference and revised by the Drafting Committee (article 2) A/CONF.9/L,7O/Add.2 Text of articles adopted by the Conference and revised by the Drafting Committee (article 3) A/C0NF.9/L.70/Add.3 Text of articles adopted by the Conference and revised by the Drafting Committee (article 4) A/C0NF,9/L.70/Add.4 Text of articles adopted by the Conference and revised by the Drafting Committee (article 5) A/CONF,9/L.7O/Add.5 Text of articles adopted by the Conference and revised by the Drafting Committee (article 10) A/CONP.9/L.7O/Add,6 Text of articles adopted by the Conference and revised by the Drafting Committee (article 11) A/C0NP»9/L.70/Add.7 Text of articles adopted by the Conference and revised by the Drafting Committee (article 12) A/CONF.9/L.7O/Add.8 Text of articles adopted by the Conference and revised by the Drafting Committee (article 14) A/CONP.9/L.7O/Add.9 Text of articles adopted by the Conference and revised by the Drafting Committee (article 15) A/C0NP.9/L»70/Add.9/Rev.l Text of articles adopted by the Conference and revised by the Drafting Committee (article 15) A/C0NF.9/L.70/Add.l0 Text of articles adopted by the Conference and revised by the Drafting Committee - New article (territorial application clause) A/CONF,9/L.7O/Add,ll Text of articles adopted by the Conference and revised by the Drafting Committee - New article (Settlement of disputes) A/CONF.9/L.7O/Add,12 Text of articles adopted by the Conference and revised by the Drafting Committee - New article (Effect of Convention) A/C0NP.9/L.70/Add.l3 Text of articles adopted by the Conference and revised by the Drafting Committee - Article 7 A/C0NF,9/L.70/Add#X4 Text of articles adopted by the Conference and revised by the Drafting Coramittee - Article 6 A/CONF.9/L.7O/Add.l5 Text of articles adopted by the Conference and revised by the Drafting Committee - Article 9 A/CONF.9/L.7O/Add.l6 Text of articles adopted by the Conference and revised by the Drafting Committee - New article A/COÎÏF.9/L.79 page 8 A/C0NF.9/L.71 Article 15: NGW paragraph approved as to form, without France and Belgium participating in the decision, by the Drafting Committee A/C0NP.9/L,72 Brazil: Amendment to text of Article 8 as adopted by the Committee of the Whole and revised by the Drafting Committee (A/C0NFo9/L.40/Add,3) A/C0NP.9/L.73 Denmark: New article after article 4 A/C0NP.9/L.74 Norway: Draft resolution A/CONP.9/Lf75 Israel; Draft resolution A/C0NP.9/L.76 Canada and United Kingdom: Amendment to article 8 A/C0NPc9/L.77 Resolution adopted by the Conference at its 14th* Plenary meeting on 18 April 1959 A/CONF09/L,78 Text of articles adopted by the Conference and revised by the Drafting Committee A/CONF.9/NGO.1 Memorandum submitted by the Co-ordinating Board of Jewish Organizations A/C0NF.9/lnf.l Information for Delegations A/CONF,9/SR.l to 14 inclusive - Summary Records of the Plenary meetings A/CONF.9/C.l/SR.l to 20 inclusive - Summary Records of the Committee of the Whole \)NITED NATIONS Distr, LIMITED GENERAL A/COWF.9/L.8O l6 August 1961 ASSEMBLY ORIGINAL: ENGLISH NATIONS CONFERENCE ON THE ELUOTAICION OR REDUCTION OF FUTURE STATELESSNESS United Kingdom; amendment tm article 8 Substitute for Article 8 the following: Article 8 1. Subject to the provisions of this article, a Contracting State shall not deprive a person of its nationality if such deprivation would render him stateless, 2. When a person has obtained the nationality of a Contracting State by false representation or fraud, he may on that ground be deprived of his nationality, notwithstanding that such deprivation renders him stateless, 3. A person may be deprived of the nationality of a Contracting State notwithstanding that such deprivation renders him stateless, in the circumstances in which, under paragraphs (k) and (5) of article 7, it is permissible that he should lose his nationality, that is to say on the grounds: (a) in the case of a naturalized person, that he has resided abroad for a period, not less than seven consecutive years, specified by the law of the Contracting State and has failed to declare his intention to retain his nationality, or (b) in the case of any national of a Contracting State, born outside its territory, that after the expiry of one year from his attaining his majority he has failed to comply with a requirement of the law of that State as to residence at that time in its territory or as to registration with the appropriate authority, K Subject, in the case of a national other than a naturalized person, to the limitation contained in paragraph 5 of this article, a person may be deprived, of 61-20171 Cap.) 5. This Convention shall be ratified and the instruments of ratification sjiall be deposited with the Secretary-General of the United Nations. h. This Convention shall "be open for accession by the States referred to in paragraph 2 of this article. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. UNITED NATIONS GENERAL f^O^ ™D / ASSEMBLY ^p^5gjgy 21 August 1961 ORIGINAL: ENGLISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS Canada: amendment to the United Kingdom amencbierrb to article 8 (A/CONg\97L.(3O) Replace paragraphs 3, b, 5 and 6 of A/CONF.9/L.80 by the following: 3. A Contracting State may deprive a person of its nationality, notwithstanding the fact that such deprivation results in statelessness, only on the following grounds of conduct inconsistent with the duty of loyalty owed "by that person to the Contracting State : (a) voluntarily consenting to enter, entering, or continuing in, the service, pay or pension of another State in disregard of an express prohibition by the Contracting State; (b) taking an oath, or making a formal declaration of allegiance to another State, or giving formal evidence of his determination to repudiate his allegiance to the Contracting State; (c) assisting an enemy State in time of war; or (d) engaging in activities seriously prejudicial to national security or national interest, or, in the case of a person accused of such an act who is in a foreign State, failing to return for trial. h. Notwithstanding anything in paragraphs 2 and 3 of. this article, a person shall not ... (former paragraph 6 otherwise unchanged). 5. No Contracting State may avail itself of any of the grounds for deprivation allowed under paragraph 3 of this article, unless they were recognized by its national law in force on ..., and were specified for the purposes of this article by the State at the time of signature, ratification or accession. Nothing in this paragraph shall prejudice the right of a Contracting State to enact subsequent legislation embodying grounds for deprivation not less favourable to the individual than those specified at the time of signature, ratification or accession. 61-203^0 UNITED NATIONS GENERAL ÉjÊ^È ASSEMBLYÉw ^^^^^ QRÏGIHAL; ENGLISH NATIONS COHERENCE ON THE ELIMIKATION OR REDUCTION OF FUTURE STATELESSNESS Israel: amendaient to the United Kingdom amendment toarticle (7Ôi Substitute for paragraphs k, 5 a&cL 6 the following: 4. A person may "be deprived of the nationality of a Contracting State, notwithstanding that such deprivation renders him stateless, on the following grounds: (a) voluntarily consenting to enter, entering, or continuing in, the service of another State in disregard of an express prohibition by the Contracting State; (b) taking an oath, or making a formal declaration, of allegiance to another State; (c) assisting an enemy State in time of war; (d) being convicted of an act seriously prejudicial to national security or, in the case of a person who is in a foreign country, having been charged with such an act and, having been duly notified of such charge, failing, without adequate cause, to return for trial. 5. A naturalized person may be deprived of the nationality of a Contracting State, notwithstanding that such deprivation renders him stateless, on the grounds of conduct gravely inconsistent with the duty of loyalty owed by him to that State; such grounds being recognized by the national law in force on September, 1961, and specified for the purposes of this paragraph by the State at the time of signature, ratification or accession. 6. Notwithstanding anything in paragraphs 2, 3> k or 5 of this article, a person shall not be deprived of the nationality of a Contracting State, so as to be rendered stateless, except under due process of law providing for submission of the case to a judicial tribunal or to some other completely independent and impartial body acting in a judicial or quasi-judicial manner. (1 D.I 1/N/TED NATIONS Distr. GENERAL LIMITED ASSE 21 August 1961 ENGLISH ORIGINAL: K3ENCH UNITED NAGIONS CONFERENCE ON THE ELIMINATION OR REDUCOION OF FUÏURE STATELESSNESS Holy See; amendment to the United Kingdom amendment to article B '"TÀTÔT^' . eôT Substitute for article 8, paragraph 1, in document A/OONF.9/L.8O the following: 1. A Contracting State shall not deprive a person of its nationality if BUch deprivation would render him stateless, 2. At the time of signature, ratification or accession a Contracting State may make a reservation to paragraph (l) of this article reserving to itself the right to deprive a person of its nationality notwithstanding that he would thereby be rendered stateless, on such of the following grounds as may be specified at the time of signature, ratification or accession. 61-20448 ONITED ATIONS Distr. LIMITED GENER A/COHF.9/L.85 21 August 1961 ENGLISH ASSE ORIGINAL: EflSHCR NATIONS CONFERENCE ON TEE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS ffrancet amendment to the ;to article 8 Substitute for paragraph 5, sub paragraph (a) the following: (a) giving or continuing to give his assistance, in disregard of an express prohibition by the Contracting State, to another State or to an international organization of which the Contracting State is not a member. UNITED NATIONS Distr. GENERAL LIFTED A/CQHF.9/L.86 ASSE 23 August I96I ENGLISH ORIGINAL: EHGLISH/FEEHCH UNITED DATIONS COJ3FERENCE ON THE ELIMINATION OR SEDUCTION OF FUTURE STATELESSNESS Text of Article 8 as prepared by the/Working appointed by the Conference 1. A contracting State shall not deprive a person of its nationality if such deprivation would render him stateless. 2. Notwithstanding the provisions of paragraph 1, a person may be deprived of the nationality of a Contracting State: (a) in the circumstances in which, under paragraphs k and 5 of article 7, it is permissible that a person should lose his nationality; (b) where the nationality has been obtained by misrepresentation or fraud. 3. Notwithstanding the provisions of paragraph 1, a Contracting State may retain the right to deprive a person of his nationality, if at the time of signature, ratification or accession it specifies its retention of such right on one or more of the following grounds, being grounds existing in its national law at that time: (a) that the person, inconsistent with his duty of loyalty to the Contracting State, (i) has, in disregard of an express prohibition by the Contracting State rendered or continued to render services to, or received or continued to receive emoluments from, another State, or (ii) has conducted himself in a manner seriously prejudicial to vital interests of the State; (b) that the person has taken an oath, or made a formal declaration, of allegiance to another State, or given definite evidence of his determination to repudiate his allegiance to the Contracting State. h< Nothing in the previous paragraph shall prejudice the right of a Contracting State to enact subsequent legislation embodying grounds for deprivation not less favourable to the individual than those specified at the time of signature, ratification or accession. 61-20531 /-•• A/C0HF.9/L.86 English Page 2 5. A Contracting State shall not exercise a power of deprivation permitted "by paragraph 2, 3 or h except in accordance with a procedure established by law, which shall provide for a fair hearing by a court or other completely independent and impartial body. ITED NATIONS Distr. LIMITED ^SSEMBLY A/COIW.9/L.87 2k August 1961 UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS Yugoslavia: Amendments to the text of Article 8 prepared ]g_1fte Working Group (À/CONF.9/L.86) 1. Substitute the following for paragraph 2: "Notwithstanding the provisions of paragraph 1, a person may be deprived of the nationality of a Contracting State where the nationality has been obtained by misrepresentation or fraud." 2. In paragraph 3, after the word "nationality", insert the following words: "but limiting that right to only persons living abroad and beyond the scope of authority of the Contracting State/1 3. In paragraph 3, substitute the following for sub-paragraphs (a) and (b): "(a) that the person, inconsistent with his duty of loyalty to the Contracting State, has conducted himself in a manner seriously prejudicial to vital interests of the State; "(b) that the person residing abroad for a period not less than fifteen consecutive years has ceased, during that period, to perform his obligations as a citizen and has failed to register at a time prescribed by the law of that State." ^. In paragraph 5, after the word "other," delete the words "completely independent and impartial." 61-20594 UNITED NATIONS Distr. LIMITED GENERAL A/C0NF.9/L.88 25 August 1961 ASSEMBLY ENGLISH ORIGINAL: ENGLISH/FRENCH/ SPANISH UNITED HATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS Text of Article 8 as adopted by the Conference at it's 22nd plenary meeting on 2*1 August 1961 A Contracting State shall not deprive a person of its nationality if such privation would render him stateless. Notwithstanding the provisions of paragraph 1, a person may be deprived of 3 nationality of a Contracting State: (a) in the circumstances in which, under paragraphs k and 5 of article T; it is permissible that a person should lose his nationality; (b) where the nationality has been obtained by misrepresentation or fraud. Notwithstanding the provisions of paragraph 1, a Contracting State may :ain the right to deprive a person of his nationality, if at the time of nature, ratification or accession it specifies its retention of such right one or more of the following grounds, being grounds existing in its national at that time: (a) that the person, inconsistent with his duty of loyalty to the Contracting State, (i) has, in disregard of an express prohibition by the Contracting State rendered or continued to render services to, or received or continued to receive emoluments from, another State, ôr (ii) has conducted himself in a manner seriously prejudicial to vital interests of the Statej (b) that the person has taken an oath, or made a formal declaration, of allegiance to another State, or given definite evidence of his determination to repudiate his allegiance to the Contracting State» )6kl /•.. English Page 2 k* A Contracting State shall not exercise a power of deprivation permitted by paragraph 2 or 3 except in accordance with law, which shall provide for the person concerned the right to a fair hearing "by a court or other independent boây. UNITED NATIONS Distr. LIMITED GENERAL A/CONF.9/L.89 25 August I96I ENGLISH ASSEMBLY ORIGINAL: SPANISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS Article 12, ArtiGle 18 and Final Provision, as ado~x->te.d by the Conference Article 12 1. This Convention shall be open for signature at the Headquarters of the United Nations from 1961 to 31 May I962, 2. This Convention shall be open for signature on behalf of: (a) any State Member of the United Nations; (b) any other State invited to attend the United Nations Conference on the Elimination or Reduction of Future Statelessness; (c) any State to which an invitation to sign or to accede may be addressed by the General Assembly of the United Nations. 3. This Convention shall be ratified and the instruments of ratification shall be deposited with the Secretary-General of the United Nations. k. This Convention shall be open for accession by the States referred to in paragraph 2 of this article. Accession shall be effected by the deposit of an instrument of accession with the Seoretary-General of the United Nations. Article 18 This Convention shall be registered by the Secretary-General of the United Nations on the date of its entry into force. English Page 2 Final Provision IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Convention. DOME at New York, this ...«..•.. day of , one thousand nine hundred and sixty-one, in a single copy, of which the Chinese, English, French, Russian and Spanish texts are equally authentic and which shall "be deposited in the archives of the United Nations, and certified copies of which shall be delivered by the Secretary-General of the United Nations to all Members of the United Nations and to the non-member States referred to in article 12. UNITED NATIONS Distr, LIMITED GENERAL A/CONF.9/L.9O 25 Aug- st 1961 ENGLISH kSSEMBLY ORIGINAL; ENGLISH/FRENCH/ SPANISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS Text of Articles adopted "by the Conference Article 1 1. A Contracting State shall grant its nationality to a person born in its territory who would otherwise be stateless. Such nationality shall be granted: (a) at birth, by operation of law, or (b) upon an application being lodged with the appropriate authority, by or on behalf of the person concerned, in the manner prescribed by the national law. Subject to the provisions of paragraph 2 of this Article, no such application may be rejected. A Contracting State which provides for the grant of its nationality in accordance with sub-paragraph (b) of this paragraph may also provide for thé grant of its nationality by operation of law at such age and subject to such conditions as may be prescribed by the national law. 2. A Contracting State may make the grant of its nationality in accordance with sub-paragraph (b) of paragraph 1 of this Article subject to one or more of the following conditions: (a) that the application is lodged during a period, fixed by the Contracting State, beginning not later than at the age of eighteen years and ending not earlier than at the age of twenty-one years, so, however, that the person concerned shall be allowed at least one year during which he may himself make the application without having to obtain legal authorization to do so; (b) that the person concerned has habitually resided in the territory of the Contracting State for such period as may be fixed by that State, not exceeding five years immediately preceding the lodging of the application nor ten years in all; 61-20697 A/COÏÏP.9/L.9O English Page 2 (c) that the person concerned has neither been convicted of an offence against national security nor has been sentenced to imprisonment for a term of five years or more on a criminal charge; (d) that the person concerned has always been stateless, 3. Notwithstanding the provisions of paragraphs 1 (b) and 2 of this Article, a child born in wedlock in the territory of a Contracting State, whose mother has the nationality of that Statet shall acquire at birth that nationality if it otherwise would be stateless. k, A Contracting State shall grant its nationality to a person who would otherwise be stateless and who is unable to acquire the nationality of the Contracting State in whose territory he was born because he has passed the age for lodging his application or has not fulfilled the required residence conditions, if the nationality of one of his parents at the time of the person's birth was that of the Contracting State first above mentioned. If his parents did not possess the same nationality at the time of his birthf the question whether the nationality of the person concerned should follow that of the father or that of the mother shall be determined by the national law of such Contracting State. If application for such nationality is required, the application shall be made to the appropriate authority by or on behalf of the applicant in the manner prescribed by the national law. Subject to the provisions of paragraph 5 of this Article, such application shall not be refused. 5. The Contracting State may make the grant of its nationality in accordance with the provisions of paragraph k of this Article subject to one or more of the following conditions: (a) that the application is lodged before the applicant reaches an age, being not less than twenty-three years, fixed by the Contracting State; A/CONF.9/L.9O English Page 3 (b) that the person concerned has habitually resided in the territory of the Contracting State for such period immediately preceding the lodging of the application, not exceeding three years, as may be fixed by that State• (c) that the person concerned has always been stateless. Article 2 A foundling found in the territory of a Contracting State shall, in the absence of proof to the contrary, be considered to have been born within that territory of parents possessing the nationality of that State. Article 3 For the purpose of determining the obligations of Contracting States under this Convention, birth on a ship or in an aircraft shall be deemed to have taken place in the territory of the State whose flag the ship flies or in the territory of the State in which the aircraft is registered, as the case may be. Article k 1. A Contracting State shall grant its nationality to a person, not born in the territory of a Contracting State, who would otherwise be stateless, if the nationality of one of his parents at the time of the person's birth was that of that State. If his parents did not possess the same nationality at the time of his birth, the question whether the nationality of the person concerned should follow that of the father or that of the mother shall be determined by the national law of such Contracting State, Nationality granted in accordance with the provisions of this paragraph shall be granted: (a) at birth, by operation of law, or (b) upon an application being lodged with the appropriate authority, by or on behalf of the person concerned, in the manner prescribed by the national law. Subject to the provisions of paragraph 2 of this Article, no such application may be rejected. English Page k 2, A Contracting State may make the grant of its nationality in accordance with the provisions of paragraph 1 of this Article subject to one or more of the following conditions: (a) that the application is lodged before the applicant reaches an age, being not less than twenty-three years, fixed by the Contracting State; (b) that the person concerned has habitually resided in the territory of the Contracting State for such period immediately preceding the lodging of the application, not exceeding three years, as may be fixed by that State; (c) that the person concerned has not been convicted of an offence against national security; (d) that the person concerned has always been stateless. Article 5 1. If the law of a Contracting State entails loss of nationality as a consequence of any change in the personal status of a person such as marriage, termination of marriage, legitimation, recognition or adoption, such loss shall be conditional upon possession or acquisition of another nationality. 2. If, under the law of a Contracting State, a child born out of wedlock loses the nationality of that State in consequence of a recognition of affiliation, he shall be given an opportunity to recover that nationality by written application to the appropriate authority, and the conditions governing such application shall not be more rigorous than those laid down in paragraph 2 of article 1 of this Convention. Article 6 If the law of a Contracting State provides for loss of its nationality by a person1s spouse or children as a consequence of that person losing or being deprived of that nationality such loss shall be conditional upon their possession or acquisition of another nationality- A/COÎÏF.9/--2O English Page 5 Article 7 1. (a) If the law of a Contracting State permits renunciation of nationality, such renunciation shall not result in loss of nationality unless the person concerned possesses or acquires another nationality. (b) The provisions of sub-paragraph (a) of this paragraph shall not apply where their application would be inconsistent -with the principles stated in Articles 13 and 1^ of the Universal Declaration of Human Rights approved on 10 December 19^3, by the General Assembly of the United Nations. 2. A national of a Contracting State who seeks naturalization in a foreign country shall not lose his nationality unless he acquires or has been accorded assurance of acquiring the nationality of that foreign country. ^. Subject to the provisions of paragraphs k and 5 of this Article, a national >f a Contracting State shall not lose his cationality, so as to become stateless, in the ground of departure, residence abroad, failure to register or on any imilar ground. . A naturalized person may lose his nationality on account of residence broad for a period, not less than seven consecutive years, specified by the aw of the Contracting State concerned if he fails to declare to the appropriate ithority his intention to retain his nationality. In the case of a national of a Contracting State, born outside its territory, ie law of that State may make the retention of its nationality after the expiry one year from his attaining his majority, conditional upon residence at that me in the territory of the State or registration with the appropriate authority. Except in the circumstances mentioned in this Article, a person shall not se the nationality of a Contracting State, if such loss would render him a/teless, notwithstanding that such loss is not expressly prohibited by any 1er provision of this Convention. / » a • A/CONF.9/L.9O English Article 8* 1. A Contracting State shall not deprive a person of its nationality if such deprivation would render him stateless. 2# Notwithstanding the provisions of paragraph 1, a person may "be deprived of the nationality of a Contracting State: (a) in the circumstances in -which, under paragraphs h and 5 °f article 7, it is permissible that a person should lose his nationality; (b) where the nationality has "been obtained by misrepresentation or fraud. 5» Notwithstanding the provisions of paragraph 1, a Contracting State may retain the right to deprive a person of his nationality, if at the time of signature, ratification or accession it Specifies its retention of such right on one or more of the following grounds, being grounds existing in its national law at that time: (a) that the person, inconsistent with his duty of loyalty to the Contracting State, (i) has, in disregard of an express prohibition by the Contracting State rendered or continued to render services to, or received or continued to receive emoluments from, another State, or (ii) has conducted himself in a manner seriously prejudicial to vital interests of the State; (b) that the person has taken an oath, or made a formal declaration, of allegiance to another State, or given definite evidence of his determination to repudiate his allegiance to the Contracting State. U» A Contracting State shall not exercise a power of deprivation permitted by paragraph 2 or 3 except in accordance with law, which shall provide for the person concerned the right to a fair hearing by a court or other independent body. * Adopted subject to a right of reservation. English Page T Article 9 A Contracting State may not deprive any person or group of persons of their nationality on racial, ethnic, religious or political grounds. Article 10 1. Every treaty "between Contracting States providing for the transfer of territory shall include provisions designed to secure that no person shall become stateless as a result of the transfer. A Contracting State shall use its best endeavours to secure that any such treaty made by it with a State which is not a party to this Convention includes such provisions. 2. In the absence of such provisions a Contracting State to which territory is transferred or which otherwise acquires territory shall confer its nationality on such persons as would otherwise become stateless as a result of the transfer or acquisitionr Article 11* The Contracting States shall promote the establishment within the framework of the United Nations, as soon as may be after the deposit of the sixth instrument of ratification or accession, of a body to which a person claiming the benefit of this Convention may apply for the examination of his claim and for assistance in presenting it to the appropriate authority, Hew article (Territorial Application clause)'** L. This Convention shall apply to all non-self-governing, trust, colonial and >ther non-metropolitan territories for the international relations of which any Contracting State is responsible; the Contracting State concerned shall, subject ;o the provisions of paragraph 2 of this Article, at the time of signature, •atification or accession, declare the non-metropolitan territory or territories •o which the Convention shall apply ipso facto as a result of such signature, 'atification or accession. Adopted subject to a right of reservation. * Adopted subject to the right to enter reservations to this Article. A/CQNF.9/L.9O English Page 8 2. In any case in which, for the purpose of nationality, a non-metropolitan territory is not treated as one with the metropolitan territory, or in any case in which the previous consent of a non-metropolitan territory is required by the constitutional laws or practices of the Contracting State or of the non-metropolitan territory for the application of the Convention to that territory, that Contracting State shall endeavour to secure the needed consent of the non-metropolitan territory within the period of twelve months from the date of signature of the Convention by that Contracting State, and when such consent has been obtained the Contracting State shall notify the Secretary-General of the United Nations. This Convention shall apply to the territory or territories named in such notification from the date of its receipt by the Secretary-General. 3- After the expiry of the twelve-month period mentioned in paragraph 2 of this Article, the Contracting States concerned shall inform the Secretary-General of the results of the consultations with those non-metropolitan territories for whose international relations they are responsible and whose consent to the application of this Convention may have been withheld. New article (Effect of Convention) 1* In relation to a Contracting State which does not, in accordance with the provisions of paragraph 1 of Article 1 or of Article h of this Convention, grant its nationality at birth by operation of law, the provisions of paragraph 1 of Article 1 or of Article k, as the case may be, shall apply to persons born before as well as to persons born after the entry into force of this Convention. 2. The provisions of paragraph k of Article 1 of this Convention shall apply to persons born before as well as to persons born after its entry into force. 3. The provisions of Article 2 of this Convention shall apply only to foundlings found in the territory of a Contracting State after the entry into force of the Convention for that State. New article This Convention shall not be construed as affecting any provisions more conducive to the reduction of statelessness which may be contained in the law of any Contracting State now or hereafter in force, or may be contained in any other English Page 9 convention, treaty or agreement now or hereafter in force between two or more Contracting States. New article (Settlement of Disputes)* Any dispute between Contracting States concerning the interpretation or application of this Convention which cannot be settled by other means shall be submitted to the International Court of Justice at the request of any one of the parties to the dispute. Article 12 1. This Convention shall be open for signature at the Headquarters of the United Nations from 1961 ...... to 31 May I962. 2. This Convention shall be open for signature on behalf of; (a) any State Member of the United Nations; (b) any other State invited to attend the United Nations Conference on the Elimination or Reduction of Future Statelessness; (c) any State to which an invitation to sign or to accede may be addressed by the General Assembly of the United Nations. 3- This Convention shall be ratified and the instruments of ratification shall be deposited with the Secretary-General of the United Nations. ho This Convention shall be open for accession by the States referred to in paragraph 2 of this article. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. Article 1^- 1. This Convention shall enter into force two years after the date of the deposit of the sixth instrument of ratification or accession» 2. For each State ratifying or acceding to this Convention after the deposit of the sixth instrument of ratification or accession, it shall enter into force on the ninetieth day after the deposit by such State o± its instrument of ratification or accession or on the date on which this Convention enters into force in accordance with the provisions of paragraph 1 of this Article, whichever is the later» Adopted subject to the right to enter reservations to this Article• A/CQW.9/L.9O English Page 10 Article 15 1. Any Contracting State may denounce this Convention at any time "by a written notification addressed to the Secretary-General of the United Nations. Such denunciation shall take effect for the Contracting State concerned one year after the date of its receipt "by the Secretary-General. 2. In cases where., in accordance with the provisions of Article ..« , this Convention has become applicable to a non-metropolitan territory of a Contracting State, that State may at any time thereafter, with the consent of the territory concerned, give notice to the Secretary-General of the United Nations denouncing this Convention separately in respect of that territory. The denunciation shall take effect one year after the date of the receipt of such notice "by the Secretary«General, who shall notify all other Contracting States of such notice and the date or receipt thereof. Article 18 This Convention shall be registered by the Secretary-General of the United Nations on the date of its entry into force. Final Provision IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Convention. DONE at New York, this day of ...... *,, one thousand nine hundred and sixty-one, in a single copy, of which the Chinese, English, French, Russian and Spanish texts are equa3.1y authentic and which shall be deposited in the archives of the United Nations, and certified copies of which shall be delivered by the Secretary-General of the United Nations to all Members of the United Nations and to the non-member States referred to in article 12, UNITED NATIONS Distr. LIMITED GENERAL A/C0KF.9-/L*91 ASSEMBLY 25 August 1961 ORIGINAL : ENGLISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS Draft Final Act of the^Conference submitted by the Drafting Comrrittee The General Assembly of the United Nations, by resolution 896 (iX) of December 195^j expressed its desire that an international conference of 2nipotentiaries be convened to conclude a Convention for the Reduction or Lmination of Future Statelessness as soon as at least twenty States had mnunicated to the Secretary-General their willingness to co-operate in such a lference. The Secretary-General was requested to fix the exact time and place ? the conference when that condition had been met» The General Assembly noted it the International Law Commission had submitted to it drafts of a Convention the Elimination of Future Statelessness and a Convention on the Reduction of ;ure Statelessness in the Report of the International Law Commission covering ; sixth session in 195^. The General Assembly requested the Governments of /tes invited to participate in the conference to give early consideration to ! merits of a multilateral convention on the elimination or reduction of future .telessness. Upon the fulfilment of the condition envisaged in the resolution of the eral Assembly, the Secretary-General convened a United Nations Conference on Elimination or Reduction of Future Statelessness at the European Office of United Nations at Geneva on 2^ March 1959* The Conference met at the European ice of the United Nations from 2k March to l8 April 1959- At the time of its adjournment on 18 April 1959 the Conference adopted the lowing resolution: "The Conference, "Being unable to terminate the work entrusted to it within the time provided for its work, A/C0KF.9/L#91 English Page 2 "Proposes to the competent organ of the United Nations to reconvene the Conference at the earliest possible time in order to continue and complete its work1'» h* In pursuance of this resolution, the Secretary-General of the United Nations, after ascertaining the views of the participating States, decided that the Conference should he reconvened at the United Nations Headquarters in New York on 15 August 1961. The Conference met at the United Nations Headquarters from 15 to »...» August 1961* 5. At the first part of the Conference the Governments of the following thirty- five States were represented: Argentina, Austria, Belgium, Brazil, Canada, Ceylon, Chile, China, Denmark^ Dominican Republic, Federal Republic of Germany, France, Holy See, India, Indonesia, Iraq, Israel, Italy, Japan, Liechtenstein, Luxembourg, Netherlands, Norway, Pakistan, Panama, Peru, Portugal, Spain, Sweden, Switzerland, Turkey, United Arab Republic, the United Kingdom of Great Britain and Northern Ireland, the United States, Yugoslavia. 6a The Governments of the following States were represented by observers: Finland, Greece, 7» At the second part of the Conference the Governments of the following thirty States were represented: Argentina, Austria, Belgium, Brazil, Canada, Ceylon, China, Denmark, Dominican Republic, Federal Republic of Germany, Finland, France, Holy See, Indonesia, Israel, Italy, Japan, Netherlands, Norway, Pakistan, Panama, Peru, Spain, Sweden, Switzerland, Turkey, United Arab Republic, the United Kingdom of Great Britain and Northern Ireland, the United States, Yugoslavia. 8» The Governments of the following States uere represented by observers: Greece, Iraq. 9. At the first part of the Conference the following inter-governmental organizations were represented by observers : Council of Europe Intergovernmental Committee for European Migration International Institute for the Unification of Private Law League of Arab States 10 » At the second part of the Conference the following inter-goveranental organization was represented by an observer : League of Arab States A/COWS/L.'K English Page 3 1. At "both parts of the Conference the Office of the High Commissioner for efugees vas represented by an observer* 2. At the first part of the Conference Mr. Knud Larsen (Denmark) was elected as resident and Mr. Ichiro Kawasaki (Japan) and Mr. B/umberto Calamari (Panama) as ice-Presidents, 5. At the second part of the Conference none of these Officers of the Conference is present. The Conference accordingly elected Mr. Willem Riphagen (Netherlands) 3 President and Mr. Gilberto Amado (Brazil) and Mr. G«P. Malalasekera (Ceylon) as ce-Presidents. . At the first part of the Conference the following Committees were set up: immittee of the Whole Chairman: The President of the first part of the Conference Vice-Chairmen: The Vice-presidents of the first part of the Conférence afting Committee Members: Representatives of the following States: Argentina, Belgium, France, Israel, Panama, the United Kingdom of Great Britain and Northern Ireland Chairman (first part of the Conference): Mr. Humberto Calamari (Panama) (second part of the Conference): Mr. Enrique Ros (Argentina) At the second part of the Conference the Committee of the Whole did not meet. At both parts of the Conference the President and Vice-Presidents,, in :ordance with rule 3 of the Rules of Procedure, examined the credentials of >resentatives and reported thereon to the Conference. At the second, part of the" Conference a Working Group was set up, consisting of President,who acted as Chairman, and representatives of Brazil, Canada, France, ael, Norway, Switzerland, Turkey and the United Kingdom of Great Britain and them Ireland, and of representatives of other States who desired to participate. Peter Harvey (United Kingdom of Great Britain and Northern Ireland) acted as porteur of the Working Group. At the first part of the Conference the Secretary-General of the United Nations represented by Mr. Yuen-li Liang, Director of the Codification Division of the Lee of Legal Affairs of the United Nations, who was also appointed Executive retary. / English Page k 19» At the second part of the Conference the Secretary-General of the United Nations was represented "by Mr. C.A. Stavropoulos, the Legal Counsel*. Mr. Yuen-li Liang again acted as Executive Secretary. 20. At the first part of the Conference it was decided that the Conference would take as the basis for its work the draft Convention on the Reduction of Future Statelessness, prepared by the International Law Commission. The first part of the Conference also had before it observations submitted by Governments on that draft Convention, a Memorandum with a Draft Convention on the Reduction of Statelessness submitted by Denmark, and preparatory documentation prepared by the Secretariat of the United Nations. 21. The second part of the Conference had before it, in addition to the documentation referred to above, observations submitted by Governments on deprivation of nationality, observations submitted by the Office of the United Nations High Commissioner for Refugees, and further documentation prepared by the Secretariat of the United Nations. 22» On the basis of the deliberations, as recorded in the records of the Committee of the Whole and of the plenary meetings, the Conference prepared a Convention on the Reduction of Statelessness. The Convention, which is subject to ratification, was adopted by the Conference on 19^1, and opened for signature from 196l until 31 May 1962 at the United Nations Headquarters in New York. This Convention was also opened for accession and will be deposited in the archives of the United Nations. 23. In addition the Conference adopted the following resolutions which are annexed to this Final Act: IN WITNESS WHEREOF the representatives have signed this Final Act. DONE AT NEW YORK this day of ...... ^ one thousand nine hundred and sixty- one, in a single copy of which the Chinese, English, French, Russian and Spanish texts are equally authentic and which shall be deposited in the archives of the United Nations, and certified copies of which shall be delivered by the Secretary- General of the United Nations to all Members of the United Nations and all non- member States invited to the Conference. UNITED NATIONS Distr, LIMITED GENERAL A/C0NF.9/L-92 26 August 1961 ASSEMBLY ENGLISH ORIGINAL: ENGLISH /FRENCH / SPANISH •UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS Title, Preamble and Articleg of the Convention as adopted at plenary meetings and revised by the Drafting ,Çftmgittee_ CONVENTION ON THE REDUCTION OF STATELESSNESS The Contracting State s, Acting in pursuance of resolution 896 (IX), adopted by the General Assembly of 3 United Nations on k December 195k, Considering it desirable to reduce statelessness by international agreement, Have agreed as follows: Article 1 A Contracting State shall grant its nationality to a person born in its rritory who would otherwise be stateless. Such nationality shall be granted: (a) at birth, by operation of law, or (b) upon an application being lodged with the appropriate authority, by or on behalf of the person concerned, in the manner prescribed by the national law. Subject to the provisions of paragraph 2 of this Article, no such application may be rejected. Contracting State which provides for the grant of its nationality in accordance th sub-paragraph (b) of this paragraph may also provide for the grant of its tionality by operation of law at such age and subject to such conditions as may prescribed by the national law, A Contracting State may make the grant of its nationality in accordance with b-paragraph (b) of paragraph 1 of this Article subject to one or more of the llowing conditions : A/CONF.9/L,92 English Page 2 (a) that the application is lodged during a period, fixed by the Contracting State, beginning not later than at the age of eighteen years and ending not earlier than at the age of twenty-one years, so, however, that the person concerned shall be allowed at least one year during which he may himself make the application without having to obtain legal authorization to do so; (b) that the person concerned has habitually resided in the territory of the Contracting State for such period as may be fixed by that State, not exceeding five years immediately preceding the lodging of the application nor ten years in all; (c) that the person concerned has neither been convicted of an offence against national security nor has been sentened to imprisonment for a term of five years or more on a criminal charge; (d) that the person concerned has always been stateless. 3« Notwithstanding the provisions of paragraphs 1 (b) and 2 of this Article, a child born in wedlock in the territory of a Contracting State, whose mother has the nationality of that State, shall acquire at birth that nationality if it otherwise would be stateless. k. A Contracting State shall grant its nationality to a person who would otherwise be stateless and who is unable to acquire the nationality of the Contracting State in whose territory he was born because he has passed the age for lodging his application or has not fulfilled, the required residence conditions, if the nationality of one of his parents at the time of the person's birth was that of the Contracting State first above mentioned. If his parents did not possess the same nationality at the time of his birth, the question whether the nationality of the person concerned should follow that of the father or that of the mother shall be determined by the national law of such Contracting State. If application for such nationality is required, the application shall be made to the appropriate authority by or on behalf of the applicant in the manner prescribed by the national law. Subject to the provisions of paragraph 5 °f this Article, such application shall not be refused. 5. The Contracting State may make the grant of its nationality in accordance with the provisions of paragraph k of this Article subject to one or more of the following conditions: English Page 3 (a) that the application is lodged before the applicant reaches an age, being not less than twenty-three years, fixed by the Contracting State; (b) that the person concerned has habitually resided in the territory of the Contracting State for such period immediately preceding the lodging of the application, not exceeding three years, as may be fixed by that State; (c) that the person concerned has always been stateless» Article 2 A foundling found in the territory of a Contracting State shall, in the :nce of proof to the contrary, be considered to have been born within that ^itory of parents possessing the nationality of that State, Articl For the purpose of determining the obligations of Contracting States under this ention, birth on a ship or in an aircraft shall be deemed to have taken place in territory of the State whose flag the ship flies or in the territory of the State hich the aircraft is registered, as the case may be. Article k A Contracting State shall grant its nationality to a person, not bcrn in the itory of a Contracting State, who would otherwise be stateless, if the Dnality of ons of his parents at the time of the person's birth was that of that 5. If his parents did not possess the same nationality at the time of his birth, question whether the nationality of the person concerned should follow that of Father or that of the mother shall be deterrrlned by the national lav of such racting State, nationality granted in accordance with the provisions of this Sraph shall b2 granted: (a) at birth, by operation of law, or (b) upon an application being lodged with the appropriate authority, by or on behalf of the person concerned, in the manner prescribed by the national law. Subject to the provisions of paragraph 2 of this Article, no such application may be rejected. A/CONF.9/L-92 English Page k 2. A Contracting State may make the grant of its nationality in accordance with the provisions of paragraph 1 of this Article subject to one or more of the following conditions: (a) that the application is lodged before the applicant reaches an age. "being not less than twenty-three years, fixed by the Contracting State; (b) that the person concerned has habitually resided in the territory of the Contracting State for such period immediately preceding the lodging of the application,, not exceeding three years, as may be fixed by that State; (c) that the person concerned has not been convicted of an offence against national security; (d) that the person concerned has always been stateless. Article 5 1. If the law of a Contracting State entails loss of nationality as a consequence of any change in the personal status of a person such as marriage, termination of marriage, legitimation., recognition or adoption, such loss shall be conditional upon possession or acquisition of another nationality. 2. If, under the law of a Contracting State, a child born out of wedlock loses the nationality of that State in consequence of a recognition of affiliation, he shall be given an opportunity to recover that nationality by written application to the appropriate authority, and the conditions governing such application shall not be more rigorous than those laid down in paragraph 2 of Article 1 of this Convention. Article 6 If the law of a Contracting State provides for loss of its nationality by a person's spouse or children as a consequence of that person losing or being deprived of that nationality, such loss shall be conditional upon their possession or acquisition of another nationality. A/C0NF-9/L-92 English Page 5 Article 7 (a) If the law of a Contracting State permits renunciation of nationality, such renunciation shall not result in loss of nationality unless the person concerned possesses or acquires another nationality. (b) The provisions of sub-paragraph (a) of this paragraph shall not apply where their application would be inconsistent with the principles stated in articles 13 and 1^ of the Universal Declaration of Human Rights approved on 10 December 19^8 by the General Assembly of the United Nations. A national of a Contracting State who seeks naturalization in a foreign ountry shall not lose his nationality unless he acquires or has been accorded ssurance of acquiring the nationality of ttat foreign country. Subject to the provisions of paragraphs k and 5 of this Article, a national of Contracting State shall not lose his nationality, so as to become stateless, on tie ground of departure., residence abroad, failure to register or on any similar round» A naturalized person may lose his nationality on account of residence abroad or a period, not less than seven consecutive years, specified by the law of the Dntracting State concerned if he fails to declare to the appropriate authority his itention to retain his nationality. In the case of a national of a Contracting State, born outside its territory, îe law of that State may make the retention of its nationality after the expiry of îe year from his attaining his majority conditional upon residence at that time in ae territory of the State or registration with the appropriate authority, • Except in the circumstances mentioned in this Article, a person shall not lose le nationality of a Contracting State, if such loss would render him stateless, ^withstanding that such loss is not expressly prohibited by any other provision !" this Convention. Article 8 A Contracting State shall not deprive a person of its nationality if such tprivation would render him stateless. Notwithstanding the provisions of paragraph 1 of this Article, a person may be iprived of the nationality of a Contracting State : A/COÏÏF.9/L.92 English Page 6 (a) in the circumstances in which, under paragraphs h and 5 of Article 7, it is permissible that a person should lose his nationality; (b) where the nationality has been obtained by misrepresentation of fraud. 3- Notwithstanding the provisions of paragraph 1 of this Article, a Contracting State may retain the right to deprive a person of his nationality, if at the time of signature, ratification or accession it specifies its retention of such right on one or more of the following grounds, being grounds existing in its national law at that time : (a) that, inconsistently with his duty of loyalty to the Contracting State, the person (i) has, in disregard of an express prohibition by the Contracting State rendered or continued to render services to, or received or continued to receive emoluments from, another State, or (ii) has conducted himself in a manner seriously prejudicial to the vital interests of the State; (b) that the person has taken an oath, or made a formal declaration, of allegiance to another State, or given definite evidence of his determination to repudiate his allegiance to the Contracting State. K* A Contracting State shall not exercise a power of deprivation permitted by paragraphs 2 or 3 of this Article except in accordance with law, which shall provide for the person concerned the right to a fair hearing by a court or other independent body. Article 9 A Contracting State may not deprive any person or group of persons of their nationality on racial, ethnic, religious or political grounds- Article 10 1. Every treaty between Contracting States providing for the transfer of territory shall include provisions designed to secure that no person shall become stateless as a. result of the transfer. A Contracting State shall use its best endeavours to secure that any such treaty made by it with a State which is not a party to this Convention includes such provisions. A/C0NF.9/L.92 English Page 7 In the absence of such provisions a Contracting State to which territory is transferred or which otherwise acquires territory shall confer its nationality on ;uch persons as would otherwise become stateless as a result of the transfer or acquisition. Article Jj. The Contracting States shall promote the establishment within the framework of the United Nations, as soon as may be after the deposit of the sixth instrument of ratification or accession, of a body to which a person claiming the benefit of this convention may apply for the examination of his claim and for assistance in presenting it to the appropriate authority, Article 12 In relation to a Contracting State which does not, in accordance with the provisions of paragraph 1 of Article 1 or of Article k of this Convention^ grant its nationality at birth by operation of law^ the provisions of paragraph 1 of Article 1 # of Article h} as the case may be, shall apply to persons born before as well as lo persons born after the entry into force of this Convention. h The provisions of paragraph h of Article 1 of this Convention shall apply to Arsons born before as well as to persons born after its entry into force «> i» The provisions of Article 2 of this Convention shall apply only to foundlings found in the territory of a Contracting State after the entry into force of the invention for that State. Article 13 This Convention shall not be construed as affecting any provisions more ionducive to the reduction of statelessness which may be contained in the law of any contracting State now or hereafter in forco, or may be contained in any other convention, treaty or agreement now or hereafter in force between two or more contracting States. A/CONF.9/L*92 English Page 8 Article Ik Any dispute between Contractir bates concerning the interpretation or application of this Convention which cannot be settled by other means shall be submitted to the International Court of Justice at the request of any one of the parties to the dispute. Article 1. This Convention shall apply to all non-self-governing,, trust, colonial and other non-metropolitan territories for the international relations of which any Contracting State is responsible; the Contracting State concerned shall, subject to the provisions of paragraph 2 of this Article, at the time of signature, ratification or accession, declare the non-metropolitan territory or territories to which the Convention shall apply ipso facto as a result of such signature, ratification or accession. 2. In any case in which, for the purpose of nationality, a non-metropolitan territory is not treated as one with the metropolitan territory, or in any case in which the previous consent of a non-metropolitan territory is required by the constitutional laws or practices of the Contracting State or of the non-metropolitan territory for the application of the Convention to that territory, that Contracting State shall endeavour to secure the needed consent of the non-metropolitan territory within the period of twelve months from the date of signature of the Convention by that Contracting State, and when such consent has been obtained the Contracting State shall notify the Secretary-General of the United Nations. This Convention shall apply to the territory or territories named in such notification from the date of its receipt by the Secretary-General. 3- After the expiry of the twelve-month period mentioned in paragraph 2 of this Article, the Contracting States concerned shall inform the Secretary-General of the results of the consultations with those non-metropolitan territories for whose international relations they are responsible and whose consent to the application of this Convention may have been withheld. A/C0NF.9/L.92 English Page 9 Article l6 1. This Convention shall be open for signature at the Headquarters of the United Nations from 1961 to 31 May 1962. 2. This Convention shall be open for signature on behalf of: (a) any State Member of the United Nationsj (b) any other State invited to attend the United Nations Conference on the Elimination or Reduction of Future Statelessness; (c) any State to which an invitation to sign or to accede may be addressed by the General Assembly of the United Nations. 3» This Convention shall be ratified and the instruments of ratification shall be deposited with the Secretary-General of the United Nations. 4. This Convention shall be open for accession by the States referred to in paragraph 2 of this Article. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations» Article 17 1» At the time of signature, ratification or accession any State may make a reservation in respect of Articles 11, Ik or 15» 2. No other reservations to this Convention shall be admissible. Article 18 1. This Convention shall enter into force two years after the date of the deposit of the sixth instrument of ratification or accession, 2. For each State ratifying or acceding to this Convention after the deposit of the sixth instrument of ratification or accession, it shall enter into force on the ninetieth day after the deposit by such State of its instrument of ratification or accession or on the date on which this Convention enters into force in accordance with the provisions of paragraph 1 of this Article, whichever is the later. Article ±9 1. Any Contracting State may denounce this Convention at any time by a written notification addressed to the Secretary-General of the United Nations. Such A/C0NF.9/L.92 English Page 10 denunciation shall take effect fur the Contracting State concerned one year after the date of its receipt "by the Secretary-General, 2, In cases where, in accordance with the provisions of Article 15> this Convention has "become applicable to a non-metropolitan territory of a Contracting State, that State may at any time thereafter, with the consent of the territory concerned, give notice to the Secretary-General of the United Nations denouncing this Convention separately in respect of that territory. The denunciation shall take effect one year after the date of the receipt of such notice "by the Secretary-General, who shall notify all other Contracting States of such notice and the date or receipt thereof. Article 20 1. The Secretary-General of the United Nations shall notify all Members of the United Nations and the non-member Sta-tes referred to in Article 16 of the following particulars: (a) signatures, ratifications and accessions under Article 16; (b) reservations under Article 17; (c) the date upon which this Convention enters into force in pursuance of Article l8; (d) denunciations under Article 19» 2. The Secretary-General of the United Nations shall, after the deposit of the sixth instrument of ratification or accession at the latest, bring to the attention of the General Assembly the question of the establishment, in accordance with Article 11, of such a body as therein mentioned. Article 21 This Convention shall be registered by the Secretary-General of the United Nations on the date of its entry into force. A/C0NF.9/L.92 English Page 11 IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Convention. DONE at New York,, this **....., day of ...... *, one-thousand nine hundred and sixty-one, in a single copy, of which the Chinese, English, French, Russian and Spanish texts are equally authentic and which shall be deposited in the archives of the United Nations, and certified copies of which shall "be delivered, by the Secretary-General of the United Nations to all Members of the United Nations and to the non-member States referred to in Article 16 of this Convention» UNITED NATIONS Distr. LIMITED A/CONF.9/L.93 26 August 196l ENGLISH ASSEMBLY ORIGINAL : MGLÏSF/ SPANISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS rev-Ised by the Drafting The Conference Secpjar'snds that Persons who are stateless dejfccto should as far as possible be treated as stateless de jure to enable them to acquire an effective nationality. II The Conference Resolves that for the purposes of paragraph k of Article 7 of the Convention the term "naturalized person" shall be interpreted as referring only to a person vho has acquired nationality upon an application which the Contracting State concerned may in its discretion refuse. Ill The Conference Recommends Contracting States making the retention of nationality by their nationals abroad subject to a declaration or registration to take all possible steps to ensure that such persons are informed in time of the formalities and time-limits to be observed if they are to retain their nationality. IV The Conference Resolves that for the purposes of the Convention the term "convicted" shall mean "convicted by a final judgement of a court of competent jurisdiction". UNITED NATIONS Distr- LIMITED A/COMF.9/L.91* ASSEMBLY 28 Aug-iist 1961 ORIGINAL: ENGLISH UNITED NATIONS CONITERSNCE ON THE ELIMINATION OR REDUCTION OF FUTURE Report on credentials made "by the President and the Vice-Presidents 1. The President and the Vice-Presidents of the Conference, having duly examined the credentials submitted to the Executive Secretary of the Conference, submit the following report to the Coiiference in accordance with Rule 3 of the Rules of Procedure. 2. The delegations of the following States have produced full powers in writing, signed either by the Head of State or Government, or by the Minister of Foreign Affairs, with regard to representation at the Conference: Argentina Holy See Austria Israel Belgium Japan Canada Netherlands Ceylon Norway China Pakistan Denmark Panama Dominican Republic Sweden Federal Republic of Germany Switzerland Finland Turkey France United Kingdom 3» The delegations of the following States have been authorized by cable, marked ETAT, from the Minister of Foreign Affairs, to represent their States at the Conference: Brazil Italy Indonesia Spain 61-20771 (2 P.) English Page 2 4. The delegation of Peru has been accredited to the Conference by a letter signed by a Director of the Ministry of Foreign Affairs^ on behalf of the Minister of Foreign Affairs. 5- The delegation of the United States has been accredited to the Conference under formal instructions from the Secretary of State to the Permanent Mission submitted by the latter to the Executive Secretary*,of the Conference. 6. The delegations of the following States have informed the Executive Secretary that credentials by cable are forthcoming: United Arab Republic Yugoslavia UNITED NATIONS Distr, GENERAL LIMITED ASSEMBLY A/CONF.9/L*95 31 August I96I ORIGINAL: ENGLISH UNITED NATIONS CONFERENCE ON TEE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS List of Documents issued during the Senond Part of the Conference A/CONï\9/lO Note by the Secretary-General with Annex containing observations by Governments on deprivation of nationality- Additional observations by Governments on deprivation of nationality Observation by the Government of Sweden on deprivation of nationality A/COKF.9/lO/Add.3 Observation by the Government of Ceylon on deprivation of nationality A/COKF.9/II Observation by the United Nations High Commissioner for Refugees A/CONF.9/12 Organization and work of the Conference during the period from 2k March to 17 April 1959 A/CONF.9/13 Provisional List of Representatives, Observers and Secretariat A/CONF.9/l3/Rev,l List of Representatives, Observers and Secretariat k/C0W.9/lh Final Act of the United Nations Conference on the Elimination or Reduction of Future Statelessness Resolutions A/CONF.9/15 Convention on the Reduction of Statelessness 61-20997 (2 p.) A/CONF.9/t-95 English Page 2 A/CONF.9/U8O United Kingdom : amendment to article 8 A/C0NF.9/L*8l First report of the Drafting Committee of the Conference: final provision cud article 12 Canada 1 amendment to the United Kingdom amendment to article 8 (A/C0WF.9/L«8O) Israel : amendment to the United Kingdom amendment to article 8 (A/C0NF.(/L.8O) Holy See : amendment to "the United Kingdom amendment to article 8 (A/C0NFO9/L«80) France : amendment to the United Kingdom amendment to article 8 (A/C0NF.9/L-80) A/C0NF.9/L.86 Text of article 8 as prepared by the Working Group appointed by the Conference A/CONF.9/1,87 Yugoslavia : amendments to the text of article 8 as prepared by the Working Group (A/C0N?*9/L«86) Text of article 8 as adopted by the Conference at its 22nd plenary meeting on 2h August 1961 A/GOEF.9/L089 Article 12, article 18 and Final Provision, as adopted by the Conference Text of .articles adopted by the Conference Draft Final Act of the Conference submitted by the Drafting Committee A/CONF.9/L.92 Title, Preamble and Articles of the Convention as adopted at Plenary Meetings and revised by the Drafting Committee A/CONF.9/L.93 Resolutions adopted at Plenary IVfeetings and revised by the Drafting Committee Report on credentials made by the President and the Vice-Presidents Information for Delegations A/COIflF.9/SR015 to 25 inclusive Summary Pecords of the Plenary Meetings UNITED NATIONS Distr. GENERAL ASSEMBLY %£5£ÉF 5 »*« A59 ORIGINALS ENGLISH UNITED NATIONS CONFERENCE ON THE ELIMINATION OR REDUCTION OF FUTURE STATELESSNESS Memorandum submitted by the Co-ordinating Board of Jewish Organizations Note "by the Secretariat The attached memorandum has been submitted to the Secretariat by the Co-ordinating Board of Jewish Organizations, a non-governmental organization in consultative status (category B) with the Economic and Social Council, with a request that it be distributed as a Conference document. Rule 50 of the Provisional Rules of Procedure (A/CONF.9/2) provides as follows : "Non-governmental organizations attending the Conference may, upon the invitation of the President, submit written or oral statements to the Conference on subjects for which these organizations have a special competence,,11 In- view of the fact that this memorandum deals in part with problems relating to the method of work and procedures of the Conference, it is being distributed prior to the opening of the Conference for the convenience of invited States whose delegations are preparing for the Conference. The status of the memorandum must, however, remain subject to the decision by the Conference with regard to the Rule of Procedure under which it is submitted. 59-05^21 & P.) A/CQNF,9/NGO.1 English Page 2 MEMORANDUM Submitted "by the CO-ORDINATING BOARD OF JEWISH ORGANIZATIONS For Consultation with the Economic and Social Council of the United Hâtions to the United Nations Conference on the Elimination or Reduction of Future Statelessness March - 17 April 1959 Geneva, Switzerland A/C0NF.9/NG0.1 English Page 3 The Co-ordinating Board of Jewish Organizations (CBJO) has welcomed the decision by the International Law Commission to prepare Conventions on the Elimination and on the Reduction of Future Statelessness,, The adoption of a Convention of this character by a large number of States would greatly assist in realizing the principle laid down in Article 15 of the Universal Declaration of Human Rights, i.eM "Everyone has the right to a nationality". The CBJO realizes that the adoption of either of the Conventions would not affect the position of such persons as are stateless today. In their case,, only naturalization could bring relief. But the adoption of either Convention would help to ensure the right of a nationality to children subsequently born to nationals of any of the contracting States or on the territory of any of the contracting States„ If the Convention was widely adopted, statelessness would cease to be a problem in the foreseeable future» The CBJO, therefore, expresses the hope that the Conference of Plenipotentiaries will adopt a Convention and that thereafter EL large number of States will adhere to it. The CBJO is aware of the reasons which induced the International Law Commission to draft two alternative Conventions, one for the Elimination of Statelessness, the other for the Reduction of Future Statelessness. While the iraft on Elimination should be regarded as the ideal solution, many States have intimated that the adoption of this Convention would necessitate such important ind far-reaching changes in their municipal laws that they could not undertake at ;be present juncture to accept such a Convention= The draft on Reduction of \iture Statelessness is directed toward the solution of these difficulties, Nevertheless, the fact that two alternative drafts exist and are before the inference creates a new problem. The Conference can decide to adopt both draft 'onventions simultaneously and leave it to the States which one to sign; or it an decide to adopt one of the alternative Conventions as the basic draft and use he second alternative Convention merely for the purpose of amending the basic extc The CBJO fears that the adoption of the first course - namely, to adopt oth drafts ~ would lead to unhappy results. Even if the adoption of the more a-dical solution - the Convention on Elimination of Statelessness » would necessitate only very minor changes in their municipal legislation, States may A/C0WF.9/WG0.1 English Page in- tend to sign only the Convention on Reduction of Future Statelessness., as "being less onerousj or if some States adhered to the Convention on Elimination, while others adhered to the Convention on Reduction,, it would take much longer to obtain the minimum number of ratifications for either. The adoption of two separate Conventions would also create difficult legal problems as to the treaty relationship existing between the parties signatories of the Convention on Elimination and those signatories of the Convention on Reduction of Future Statelessness. Would there be any treaty relationship between them? Would, for instance, Article k of the draft on Elimination apply to States having adhered to the Convention on Reduction and vice versa? The CBJO therefore suggests that the best course would be to adopt the draft Convention on the Elimination of Statelessness as the basic text and to permit States adhering to the Convention on Elimination of Statelessness to make reservations to a far larger extent than is at present conceded by Article 13 of the draft. States might be permitted to make reservations without time-limit to Articles 1, h, 7 an(i 8> "but such reservations would have to be within the limits of the text proposed in the draft on Reduction of Statelessness. One State might feel difficulties only with regard to Article 7> Paragraph 3 of the draft on Elimination, but could nevertheless sign and ratify the Convention on Elimination of Statelessness subject to this reservation on Article 7^ Paragraph 3; viz., that a naturalized person may also lose his nationality on the grounds now laid down in Article 7, Paragraph 3^ second sentence of the draft on Reduction of Statelessness, Such a method would help States to avoid difficulties and yet to adhere to the Conventions to the limit possible under their respective municipal legislations. In Article 1, Paragraph 3, and Article k of the draft on Reduction of Future Statelessness, the phrase reads: "normally resident in its territory". Under such wording each State could arbitrarily decide what "normally" means. As both Articles apply to minors presumably up to eighteen years of age, it might be advisable to fix a time-limit and to replace the word "normally" by, for example, "not less than half his lifetime", or, "not less than nine years". While the points affecting the wording of Article 1 and k might be regarded merely as questions of drafting, the same cannot be said of Article 11 of both draft Conventions. This Article deals with a vital matter of principle. In the A/C0KF.9/WG0.1 English Page 5 view of the CBJO the value of a Convention on Future Statelessness depends on the inclusion of this Article., substantially in the form as proposed in the draft. While a Convention would "be a treaty "between sovereign States^ imposing certain obligations on the States parties to the Convention, those benefitting from the Convention will be individuals who without the Convention would either be stateless or whose nationality would be in doubt. Many -=• possibly the majority - of the beneficiaries would, be minors and in most cases their parents would be either stateless persons or persons not having the nationality of the country which the minor could claim under the Convention» These cases are fraught with difficult legal questions involving factual evidence which must be furnished,, yet which is almost impossible to obtain. In the same way as it was found necessary by the United Nations to provide legal protection for refugees up to the moment when they have acquired a new nationality., so it will be essential that a United Nations Agency be established which would be able,, whenever necessary^ to give similar legal protection to persons who do not enjoy such legal protection by a State„ When in an individual case doubt exists as to whether a person comes within the terms of one of the Articles of the Convention^ or when two States are in disagreement as to which nationality the person concerned should possess under the Convention,, it is essential that the United Nations Agency be empowered to negotiate with the States concerned and give legal protection to the individual in question until the matter of his nationality has been settled» It appears unlikely that the cases where such Agency would have to intervene would be very numerous. No large new department would be required and it might even be possible to use the services of another existing United Nations entity» But it is absolutely essential that some Agency within the framework of the United Nations be established which could act on behalf of individuals whose nationality is in doubt. In the view of the CBJQ., it would also be most desirable to establish a Tribunal as provided in Article 11., Paragraph 2? of the draft to decide in cases of disputes between two States parties to the Convention^ or between a State party to the Convention and the Agency., on the interpretation or the application of the Convention. The arguments presented by some Governments opposing the rights of A/C0WF.9/WG0.1 English Page 6 individuals or organizations to appeal to an international Tribunal against a Government's action do not here apply» The Tribunal provided for in Article 11,, Paragraph 2S would not adjudicate 'between a State and an individual but rather "between a State and an individual but rather between two States or between a State and a United Nations Agency« The Agency would act for and on behalf of an individual but not under instructions by the individual or the individual's guardian6 The Agency would act on its own free and unfettered decision "when it deems appropriate"o The Tribunal also would not have to judge "actions" by a particular Government, The Tribunal would merely interpret the meaning of any of the Articles of the Convention^ or decide on facts; as for instance where a person has acquired a particular nationality^ whether a person had been an inhabitant of a territory which had been transferred; whether a person who had been deprived of a nationality had thereby become stateless^ etc.^ etc The Tribunal would thus merely interpret the law and establish the facts - it would not pass judgement on actions of Governments, Thus many of the difficulties which might be said to arise if an International Tribunal could pass judgement on actions of Government3? would certainly not arise with regard to the Tribunal provided for in Article 11,, Faragraph 2O The Co-ordinating Board of Jewish Organizations therefore appeals to the Conference of Plenipotentiaries on Statelessness to adopt Article 110