If you have the appropriate software installed, you can download article … 27.J. Belgium is one of the most recent State Parties to the 1961 Convention. The concerned States were strongly involved in the drafting process of the Convention and were subsequently amongst the first to ratify the 1961 Convention. These grounds for deprivation apply only to naturalized citizens and include assistance to the enemy in a war in which Jamaica was engaged, disloyalty (in act or speech) towards Her Majesty, or being sentenced within five years after acquisition of Jamaican nationality to imprisonment of at least 12 months. The e-mail addresses that you supply to use this service will not be used for any other purpose without your consent. Finally, the acts concerned must be inconsistent with the ‘duty of loyalty’ to the State of nationality and the exception therefore applies only to conduct which is seriously prejudicial to the vital interests of that State, rather than those of other States with which it has friendly relations. Conclusion; Notes; Figures & Tables; Article Metrics ; Related Articles; Comments; Cite. 37.F. Serious concerns in light of the boundaries established by Article 8(3)(a) are raised by paragraphs 3 and 4 of the Belgian declaration. 20.UNHCR, ‘Executive Committee Conclusions No. 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: That, inconsistently with his duty of loyalty to the Contracting State, the person: 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. Thus, the scope of over-inclusive or vague declarations may be limited by the corresponding provisions existing in national law at the time of ratification. First, the fact that the initial share of State Parties at the time of entry into force was very high but then quickly declined in the following years, can lead to the interpretation that the exception of Article 8(3) constituted a special interest clause for a limited number of states. The 1961 Convention on the Reduction of Statelessness is of critical impor- tance today as statelessness persists in some protracted situations and con- tinues to arise in others. Thirdly, the power of deprivation permitted by Article 8 (2) and (3) shall only be exercised in accordance with the law and under the judicial safeguards of the right to a fair hearing by a court or other independent body. This interpretation would give consideration to the fact that the scope of the retained right is explicitly made dependent on the national law existing at the time of ratification. Given the fact that Section 19(1)(b) of the Irish Nationality and Citizenship Act 1956, refers to lack of loyalty, the declaration seems to refer to retention on the ground set out in Article 8(3)(a) of the Convention. How to cite this article. A Contracting State shall grant its nationality to a person born in its … This product could help you, Accessing resources off campus can be a challenge. "Stateless birth" on their territory attracts the grant of their nationality (article 1). An analysis of the development of the use of declarations under Article 8(3) of the 1961 Convention by ratifying States, shows that from amongst the six States which first ratified the Convention, the number of declarations was relatively high as half of the States (The United Kingdom, Austria, and Ireland) made such a declaration.21 However, for more than two decades after entry into force of the Convention in 1975, the total number of declarations submitted did not increase until Tunisia ratified the 1961 Convention in 2000 and attached a declaration in accordance with Article 8(3).22 With increasing numbers of ratifications, the submission of Article 8(3) declarations became more widely used. Article 8 (3) of the convention and the development of its use; 4. Contact us if you experience any difficulty logging in. While the use of the Article 8(3) has increased in absolute terms, especially in the past ten years, it has declined in proportion to the number of State Parties to the Convention (Section 2). The 1961 convention on the reduction of statelessness 3. 16.United Nations General Assembly, ‘Final Act of the United Nations Conference on the Elimination or Reduction of Future Statelessness (A/CONF.9/14 and Add.1)’, United Nations (1961), http://legal.un.org/docs/?path=./diplomaticconferences/1959_statelessness/docs/english/vol_1/a_conf9_14_and_add1.pdf&lang=E, p. 4. Please check you selected the correct society from the list and entered the user name and password you use to log in to your society website. de Guttry et al., Foreign Fighters under International Law and Beyond (Springer, 2016), p. 472. The early case law of the Eurasian Economic Union Court: On the road to Luxembourg? 38.The declarations submitted under Article 8(3) can be found at United Nations Treaty Collection, ‘Chapter V Refugees and Stateless Persons’, UNTS (2017). ‘Everyone has the right to a nationality. Of particular importance are the remarks on Article 8(3)(a)(ii) which shed some light on what can be understood as ‘conduct seriously prejudicial to the vital interests of the State’ (Tunis Conclusions, para. tӺ受t[�f�K��r(~�D��q|���>͟�_�u����V�sy���q��ݲ7���@]�C�m���ʍO���f�����x����x:��|��y;�|��u�@�M7��+��C6�����7Wt��[7~�B��2�7���W�-?\!�}e�K�'��?_!�. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. https://en.wikipedia.org/wiki/Statelessness_Reduction_Convention The declarations made by Australia, Brazil and New Zealand under Article 8(3) are generally compliant with the conditions set by the Convention. The adoption of The Convention on the Reduction of Statelessness (the 1961 Convention) on 30 August 1961, constituted a milestone in the struggle for the establishment of an international legal framework to reduce and prevent statelessness. Pellet, ‘Reservations to treaties and the integrity of human rights’, in S. Sheeran and N. Rodley (eds. For a definition of foreign fighters, see D. Malet, ‘Why Foreign Fighters? Second, in the case of an individual born abroad, the retention of nationality may be made conditional on residence on the territory of the Contracting State before the expiration of one year after attaining the age of majority, or alternatively the registration within the same time period. It received the Nobel Peace Prize in 1938. The 1961 Convention prohibits this practice in cases where the individual concerned would become stateless as a consequence. Indeed, the public service for a foreign state (paragraph 1) and the offence against external or internal security of the State (paragraph 2) correspond to the grounds contained in Article 8(3)(a)(i) and (ii). This article aims to conduct a thorough analysis and a critical reflection of the declarations of ratifying States of the 1961 Convention submitted under Article 8 (3) of the Convention. Mention should be made of the conclusions of a group of experts convened by the Office of the UNHCR in Tunis on 31 October and 1 November 2013 (Tunis Conclusions) on the interpretation of the Article 5-9 of the 1961 Convention. 7.United Nations High Commissioner for Refugees (UNHCR), ‘Guidelines on Statelessness No. Between the years 2006 and 2010, two additional declarations were submitted, and four more declarations were attached to ratifications between the years 2011 and 2015 (see Figure 1).23 To date, The United Kingdom (1966), Austria (1972), Ireland (1973), Tunisia (2000), New Zealand (2006), Brazil (2007), Jamaica (2013), Lithuania (2013), Belgium (2014) and Georgia (2014) have all submitted declarations in accordance with Article 8(3). You can be signed in via any or all of the methods shown below at the same time. Minor criticism could be expressed regarding the overly vague phrasing of the declarations, making it difficult to draw conclusive observations with regard to their legality and compliance. Article 8 (3) of the Convention, however, carves out a controversial exception to this general prohibition. In this context, the reactions of other Contracting States to the declaration submitted by Tunisia are of particular relevance. 39.Compare, the Irish Nationality and Citizenship Acts 1986, 1994, 2001 and 2004, amending the Irish Nationality and Citizenship Act 1956. [3] This completed the unfinished work of the Refugee Convention three years prior. In this section, an analysis of the legality of the submitted declarations under Article 8(3) will be conducted. N2 - In the international community, there is a continuing trend to deprive citizens of their nationality for certain undesirable behaviour. View or download all the content the society has access to. See also E. Fripp, The Law and Practice of Expulsion and Exclusion from the United Kingdom (Bloomsbury Publishing, 2014), para. (For example, in Australian nationality law, a child born in the country acquires citizenship if any parent is a citizen). ECOSOC approved both drafts. The same applies for sentencing to imprisonment of one year or more. Members of _ can log in with their society credentials below, Maastricht Journal of European and Comparative Law, *Maastricht Centre for Citizenship, Migration and Development, Maastricht University, The Netherlands, **Faculty of Law, Maastricht University, The Netherlands. Compare also the title and Preamble of the 1961 Convention. AU - Bücken, L. AU - de Groot, Gerard. Furthermore, an evaluation of the reaction of other Contracting States to the submitted declarations will demonstrate serious shortcomings in the due diligence of Contracting States, arguing that a double-standard is applied to declarations submitted under Article 8(3) by Western Contracting States in comparison to the treatment of Contracting States from the Islamic World. The targeted objection of the Norwegian government implies that paragraphs 1 and 2 of the declaration are conform with the Convention. 19.L. The United Kingdom, in a similar fashion to Ireland, limited the scope of its declaration to naturalized persons. The ‘object and purpose of the 1961 Convention is to prevent and reduce statelessness, thereby guaranteeing every individual’s right to a nationality’.44 Here, the aim to reduce statelessness implies a continuous, progressive obligation to take steps towards the minimization of statelessness. [5] In comparison, 145 countries have ratified the Convention Relating to the Status of Refugees.