While one case of statelessness was identified in the Protocol relating to a Certain Case of Statelessness at the League of Nations Codification Conference, 1930 in The Hague: "In a State whose nationality is not conferred by the mere fact of birth in its territory, a person born in its territory of a mother possessing the nationality of that State and of a father without nationality or of unknown nationality shall have the nationality of the said State." Over time, many signatories have adjusted their laws to ensure this rule remains true. . However, despite this, many cases remained ambiguous or uncovered primarily due to the fact that a person did not always receive the nationality of its parents, or was born in a certain place and not always provided citizenship of that state. The Nansen International Office For Refugees, an organization of the League of Nations, was internationally in charge of refugees from war areas from 1930 to 1939. It received the Nobel Peace Prize in 1938. Their Nansen passports, designed in 1922 by founder Fridtjof Nansen, were internationally recognized identity cards first issued by the League of Nations to stateless refugees. In 1942 they were honored by governments in 52 countries and were the first refugee travel documents.
Background to UN action addressing the problem of statelessness
Migrations forced from political instability during World War II and its immediate aftermath highlighted the international dimensions of problems presented by unprecedented volumes of displaced persons including those rendered effectively stateless. Dating from December 1948, the Universal Declaration of Human Rights at Article 15 affirms that:
Everyone has the right to a nationality.
No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
At the Fourth United Nations General Assembly Session in October–December 1949, the International Law Commission included the topic "Nationality, including statelessness" in its list of topics of international law provisionally selected for codification. At the behest of the United Nations Economic and Social Council in its 11th Session soon after, that item was given priority. The Convention Relating to the Status of Refugees was done on 28 July 1951. It was originally desired to cover 'refugees and stateless persons'; however, agreement was not reached with respect to the latter. The International Law Commission at its fifth session in 1953 produced both a Draft Convention on the Elimination of Future Statelessness, and a Draft Convention on the Reduction of Future Statelessness. ECOSOC approved both drafts. The 1954 Convention Relating to the Status of Stateless Persons was done in September 1954. This completed the unfinished work of the Refugee Convention three years prior. On 4 December 1954 the UN General Assembly by Resolution adopted both drafts as the basis of its desire for a conference of plenipotentiaries and an eventual Convention.
How the convention works to reduce statelessness
In respect of contracting states:
"Stateless birth" on their territory attracts the grant of their nationality.
Otherwise stateless persons may take the nationality of the place of their birth or of the place where they were found, otherwise they may take the nationality of one of their parents .
A stateless person has some time beyond attaining adulthood to seek to claim the benefit of the Convention. That time is always at least three years from the age of eighteen.
Transfer of territory between states must occur in a manner that avoids the occurrence of statelessness for persons residing in the territory transferred. When a State acquires territory, the inhabitants of that territory presumptively acquire the nationality of that State.
Persons otherwise stateless shall be able to take the nationality of one of their parents .
Absent circumstances of fraudulent application or disloyalty toward the contracting state, deprivations and renunciations of citizenship shall only take effect where a person has or subsequently obtains another nationality in replacement.
The United Nations High Commissioner for Refugees will issue travel documents evidencing nationality to persons, otherwise stateless, having a claim of nationality under the convention.
Disloyal or certain criminal conduct may limit an individual's ability to avail the benefit of the Convention.
The benefit of the Convention may be claimed by guardians on behalf of children.
States may impose a period of residence qualification for granting nationality to persons who may be otherwise stateless. That period is a maximum five years immediately prior to application and maximum of ten years overall.
As of September 2018, 75 states have ratified or acceded to the convention. In comparison, 145 countries have ratified the Convention Relating to the Status of Refugees.
