belgiquelex.be - Carrefour Bank of Legislation 10 JUIN 2014. - An Act to assent to the United Nations Convention on the Reduction of Statelessness, made in New York on 30 August 1961 (1) (2) (3) (4)
PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1
er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The United Nations Convention on the Reduction of Statelessness, made in New York on 30 August 1961, will emerge its full and full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 10 June 2014.
PHILIPPE
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
D. REYNDERS
The Minister of Justice,
Ms. A. TURTELBOOM
The Secretary of State for Asylum and Migration,
Ms. M. DE BLOCK
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Senate (www.senate.be):
Documents: 5-2789
Annales du Senate : 04/03/2014
House of Representatives (www.lachambre.be):
Documents: 53-3542
Full report : 23/04/2014
(2) Entry into force for Belgium: 29/09/2014
(3) 2 Statements
(4) Related States
Convention on the Reduction of Statelessness
The Contracting States, Acting in accordance with resolution 896 (IX) adopted by the General Assembly of the United Nations on 4 December 1954, and
Considering that it is desirable to reduce statelessness by international agreement,
The following provisions were agreed:
Article 1
1. Any Contracting State shall grant its nationality to the person born in its territory and who otherwise would be stateless. Such nationality shall be granted,
(a) Right, at birth, or
(b) Upon application subscribed, in accordance with the terms provided for in the legislation of the State in question, to the competent authority by the interested party or in its name; subject to the provisions of paragraph 2 of this article, the application shall not be rejected.
The Contracting State whose legislation provides for the granting of its nationality upon request in accordance with littera b of this paragraph may also grant its nationality of full right to age and under the conditions established by its law.
2. The Contracting State may subordinate the acquisition of its nationality under littera b of paragraph 1
er to one or more of the following conditions:
(a) That the application be accepted for a period fixed by the Contracting State, a period beginning at the latest at the age of 18 and not ending before the age of 21 years, on the understanding, however, that the individual must have at least one year to endorse his or her request personally and without authorization;
(b) That the person concerned has usually resided in the territory of the Contracting State, but that the period of residence fixed by the Contracting State may exceed a total of ten years, of which no later than five years before the filing of the application;
(c) That the individual was not convicted of an offence against national security or that he was not sentenced to imprisonment for at least five years for a criminal offence;
(d) That the individual did not acquire a nationality at birth or later.
3. Notwithstanding the provisions of paragraph 1 (b) and paragraph 2 of this article, a legitimate child born in the territory of a Contracting State and whose mother has the nationality of that State acquires that nationality at birth if, otherwise, he or she would be stateless.
4. Any Contracting State shall grant its nationality to the individual who, otherwise, would be stateless and whose father or mother possessed the nationality of the said State at the time of birth if, having exceeded the age established for the submission of his or her application or failing to meet the conditions of residence imposed, that individual was unable to acquire the nationality of the Contracting State in whose territory he or she was born. If the parents did not have the same nationality at the time of birth, the legislation of the Contracting State whose nationality is sought determines whether the child follows the condition of the father or that of the mother. If the nationality is granted on request, the nationality shall be introduced, in accordance with the procedure provided for in the law of the State in question, to the competent authority by the person concerned or on his behalf. Subject to paragraph 5 of this article, this application shall not be rejected.
5. The Contracting State may subordinate the granting of its nationality under paragraph 4 of this Article to the following conditions or to any of them:
(a) That the application be accepted before the individual has reached an age established by the Contracting State in question, that age may not be less than 23 years;
(b) That the person concerned has habitually resided in the territory of the Contracting State in question for a period immediately preceding the submission of the application, period fixed by that State and whose due period may not exceed three years;
(c) That the individual did not acquire a nationality at birth or later.
Article 2
The child found in the territory of a Contracting State shall, until proof of the contrary, be deemed to have been born in that territory of the parents with the nationality of that State.
Article 3
For the purpose of determining the obligations of the Contracting States, under this Convention, the birth on board of a ship or aircraft shall be deemed to have occurred in the territory of the State whose flag or in which the aircraft is registered.
Article 4
1. Any Contracting State shall grant its nationality to the individual who, otherwise, would be stateless and was not born in the territory of a Contracting State, if, at the time of birth, the father or mother possessed the nationality of the first of these States. If, at that time, the parents did not have the same nationality, the legislation of that State determines whether the child follows the condition of the father or that of the mother. Nationality granted under this paragraph shall be granted,
(a) Right, at birth, or
(b) Upon application subscribed, in accordance with the terms and conditions provided for in the legislation of the State in question to the competent authority by the interested party or in its name; subject to the provisions of paragraph 2 of this article, the application shall not be rejected.
2. The Contracting State may subordinate the acquisition of its nationality under paragraph 1
er of this section under the following conditions or any of them:
(a) That the application be accepted before the individual has reached an age established by the Contracting State in question, that age may not be less than 23 years;
(b) That the person concerned has habitually resided in the territory of the Contracting State in question for a period immediately preceding the submission of the application, period fixed by that State and whose due period may not exceed three years;
(c) That the individual was not convicted of an offence against national security;
(d) That the individual did not acquire a nationality at birth or later.
Article 5
1. If the law of a Contracting State provides for the loss of nationality as a result of a change of state such as marriage, dissolution of marriage, legitimation, recognition or adoption, that loss must be subject to the possession or acquisition of the nationality of another State.
2. If, in accordance with the legislation of a Contracting State, a natural child loses the nationality of that State as a result of a recognition of filiation, the possibility shall be afforded to it by an application to the competent authority, which may not be subject to more stringent conditions than those provided for in article 1, paragraph 2, of this Convention.
Article 6
If the legislation of a Contracting State provides that the fact that an individual loses his or her nationality or is deprived of it shall result in the loss of that nationality for the spouse or children, that loss shall be subject to the possession or acquisition by the latter of another nationality.
Article 7
1. (a) If the law of a Contracting State provides for repudiation, the latter shall not result in the loss of nationality for an individual unless he or she has or acquires another nationality;
(b) The provision of the littera has of this paragraph shall not apply when it appears inconsistent with the principles set out in Articles 13 and 14 of the Universal Declaration of Human Rights, approved by the United Nations General Assembly on 10 December 1948.
2. An individual with the nationality of a Contracting State and seeking naturalization in a foreign country shall lose his or her nationality only if he or she acquires or has received the assurance of acquiring the nationality of that country.
3. Subject to the provisions of paragraphs 4 and 5 of this article, no one shall lose his nationality, if he is to become stateless, because he leaves the country of which he is a national, resides abroad, is not registered or for any other similar reason.
4. The loss of nationality that affects a naturalized individual may be motivated by residence abroad for a period of time, fixed by the Contracting State, not less than seven consecutive years, if the interested party does not declare to the competent authorities its intention to retain its nationality.
5. With regard to individuals born outside the territory of the Contracting State of which they have nationality, the preservation of that nationality beyond a date after one year to their majority may be subordinated by the legislation of the Contracting State to conditions of residence on that date in the territory of that State or to registration with the competent authority.
6. With the exception of the cases provided for in this article, an individual may not lose the nationality of a Contracting State if he or she must therefore become stateless, even though such loss would not be expressly excluded by any other provision of this Convention.
Article 8
1. The Contracting States shall not deprive any individual of their nationality if such deprivation shall render him stateless.
2. Notwithstanding the provision of the first paragraph of this article, an individual may be deprived of the nationality of a Contracting State;
(a) In cases where, pursuant to paragraphs 4 and 5 of Article 7, it is permissible to prescribe the loss of nationality;
(b) If he has obtained this nationality through a false statement or any other fraudulent act.
3. Notwithstanding paragraph 1
er of this Article, a Contracting State may retain the power to deprive an individual of his or her nationality, if it makes, at the time of signature, ratification or accession, a declaration to that effect specifying one or more grounds provided for in its national legislation at that date and entering the following categories:
(a) If an individual, under conditions involving a lack of loyalty to the Contracting State;
(i) A, contrary to an express prohibition of that State, brought or continued to assist another State, or received or continued to receive emoluments from another State, or
(ii) Behaved in a manner that would seriously prejudice the essential interests of the State;
(b) If an individual has taken an oath of allegiance, or has made a formal declaration of allegiance to another State, or has undoubtedly demonstrated by his behaviour his determination to repudiate his allegiance to the Contracting State.
4. A Contracting State shall use the power to deprive an individual of his or her nationality under the conditions set out in paragraphs 2 and 3 of this article only in accordance with the law, which shall include the possibility for the individual to assert all his or her defence before a court or other independent body.
Article 9
Contracting States shall not deprive of their nationality any individual or group of individuals for racial, ethnic, religious or political reasons.
Article 10
1. Any treaty concluded between contracting States with the assignment of a territory shall contain provisions that have the effect of guaranteeing that no one shall become stateless as a result of the assignment. The Contracting States shall do everything in their power to ensure that any treaty so concluded with a State which is not a party to this Convention contains provisions to that effect.
2. In the absence of provisions on this point, the Contracting State to which a territory is assigned or otherwise acquires a territory grants its nationality to individuals who without it would become stateless because of the assignment or acquisition.
Article 11
The Contracting States undertake to promote the establishment, within the framework of the United Nations, as soon as possible after the deposit of the sixth instrument of ratification or accession, of an organization to which persons who believe in the right to benefit from this Convention may use to examine their application and to obtain assistance in the introduction of the application to the competent authority.
Article 12
1. Paragraph 1
er Article 1 or Article 4 of this Convention shall apply, for Contracting States that do not grant their nationality of full right to birth, to individuals born both before and after the entry into force of the Convention.
2. Article 1, paragraph 4, of this Convention shall apply to individuals born both before and after the entry into force of the Convention.
3. Article 2 of this Convention shall apply only to children found after the entry into force of the Convention.
Article 13
The provisions of this Convention shall not preclude the application of the provisions more favourable to the reduction of statelessness contained or subsequently introduced either in the legislation of any Contracting State or in any treaty, convention or agreement between two or more Contracting States.
Article 14
Any dispute between the Contracting Parties relating to the interpretation or application of the Convention that cannot be settled by other means shall be brought before the International Court of Justice at the request of one of the parties to the dispute.
Article 15
1. This Convention shall apply to all Non-Self-Governing Territories, under Trusteeship, Colonial Territories and other Non-Metropolitan Territories, of which a Contracting State shall provide international relations; the Contracting State concerned shall, subject to the provisions of paragraph 2 of this article, at the time of signature, ratification or accession, indicate the territory or non-metropolitan territories to which this Convention shall apply ipso facto following such signature, ratification or accession.
2. If, in respect of nationality, a non-metropolitan territory is not considered to form a whole with the metropolitan territory, or if the prior consent of a non-metropolitan territory is necessary, under the constitutional laws or practices of the Contracting State or of the non-metropolitan territory, for the purpose of the Convention to apply to that territory, the said Contracting State shall endeavour to obtain, within the period of twelve months from On the date of receipt of such notification by the Secretary-General, the Convention shall apply to the territory or territories indicated by that notification.
3. Upon the expiration of the twelve-month period referred to in paragraph 2 of this article, the Contracting States concerned shall inform the Secretary-General of the results of consultations with non-metropolitan territories in which they provide international relations and whose consent for the application of this Convention would not have been given.
Article 16
1. This Convention will be open for signature at United Nations Headquarters from 30 August 1961 to 31 May 1962.
2. This Convention shall be open for signature:
(a) of all States Members of the United Nations;
(b) Any other State invited to the United Nations Conference on the Elimination or Reduction of Statelessness in the Future;
(c) From any other State to which the United Nations General Assembly has extended an invitation to sign or accede.
3. This Convention shall be ratified and the instruments of ratification shall be deposited with the Secretary-General of the United Nations.
4. The States referred to in paragraph 2 of this article may accede to this Convention. Membership shall be effected by the deposit of an instrument of accession to the Secretary-General of the United Nations.
Article 17
1. At the time of signature, ratification or accession, any State may make reservations to articles 11, 14 and 15.
2. Other reservations to this Convention may not be made.
Article 18
1. This Convention shall enter into force two years after the date of deposit of the sixth instrument of ratification or accession.
2. For any State ratifying or acceding to this Convention after the deposit of the sixth instrument of ratification or accession, the Convention shall enter into force on the eighty-tenth day after the deposit by that State of its instrument of ratification or accession or on the date of entry into force of the Convention, in accordance with the provisions of paragraph 1 of this article, if the latter date is the furthest.
Article 19
1. Any Contracting State may denounce this Convention at any time by written notification addressed to the Secretary-General of the United Nations. The denunciation shall take effect, in respect of the Contracting State concerned, one year after the date on which the Secretary-General has received notification.
2. In the event that, in accordance with the provisions of Article 15, this Convention has been made applicable to a non-metropolitan territory of a Contracting State, the latter may, with the consent of the territory in question, notify the Secretary-General of the United Nations at any time that the Convention is denounced in respect of that territory. The denunciation shall take effect one year after the date on which the notification has been received to the Secretary-General, who shall inform all other Contracting States of that notification and the date on which it has received it.
Rule 20
1. The Secretary-General of the United Nations will notify all Member States of the Organization and non-member States referred to in Article 16:
(a) The signatures, ratifications and accessions provided for in Article 16;
(b) Reservations made in accordance with Article 17;
(c) The date on which this Convention comes into force in accordance with Article 18;
(d) Denunciations under section 19.
2. The Secretary-General of the United Nations shall, no later than 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 the body referred to therein.
Article 21
This Convention shall be registered by the Secretary-General of the United Nations on the date of its entry into force.
In faith, the undersigned Plenipotentiaries have signed this Convention.
Done in New York, on 30 August thousand nine hundred sixty and one, in a single copy of which the English, Chinese, Spanish, French and Russian texts are equally authentic, which will be deposited in the archives of the United Nations and of which certified true copies will be transmitted by the Secretary-General of the United Nations to all Member States of the Organization and to the non-member States referred to in Article 16 of this Convention.
List of related states
United Nations Convention on the Reduction of Statelessness,
to New York, 30 August 1961
Statements
- Declaration in relation to Article 2 of the Convention:
"The Belgian Government declares that the category of "children found" for Belgium concerns the found children of whom it is assumed that they are newborn. »
- Declaration in relation to Article 8, § 3, of the Convention:
"Belgium reserves the right to defraud its nationality a person who does not hold his nationality as a Belgian author on the day of his birth or who has not been granted his nationality under the Belgian Nationality Code in the cases currently provided for in Belgian law, namely:
1. if this person has acquired Belgian nationality as a result of fraudulent conduct, by false information, by false writing and/or use of false or falsified documents, by fraudulent identity or by fraud in obtaining the right of residence;
2. if it is seriously lacking its duties as a Belgian citizen;
3. if she has been sentenced, as an author, co-author or accomplice, to a prison sentence of at least five years without a stay for one of the following offences:
- attacks and plots against the King, the Royal Family and the Government;
- crimes and offences against the external security of the State;
- crimes and offences against the internal security of the State;
- grave violations of international humanitarian law;
- terrorist offences;
- threat of attacks on persons or property, and false information relating to serious attacks;
- theft and extortion of nuclear material;
- offences relating to the physical protection of nuclear materials;
- trafficking in human beings;
- trafficking in human beings;
4. if it has been sentenced, as an author, co-author or accomplice, to a term of imprisonment of at least five years without a stay for an offence whose commission has been clearly facilitated by the possession of Belgian nationality, provided that the offence has been committed within five years from the date of obtaining Belgian nationality. »
