Law Approving The Convention Of The United Nations On The Reduction Of Statelessness, Done At New York On 30 August 1961 (1) (2) (3) (4).

Original Language Title: Loi portant assentiment à la Convention des Nations unies sur la réduction des cas d'apatridie, faite à New York le 30 août 1961 (1) (2) (3) (4)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014015179&caller=list&article_lang=F&row_id=400&numero=492&pub_date=2014-11-04&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-11-04 Numac: 2014015179 Foreign Affairs, external trade and development COOPERATION FEDERAL PUBLIC SERVICE June 10, 2014. -Law approving the Convention of the United Nations on the reduction of statelessness, done at New York on 30 August 1961 (1) (2) (3) (4) PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S.
2. the United Nations Convention on the reduction of cases of statelessness, made in New York on 30 August 1961, released its full and complete effect.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, June 10, 2014.
PHILIPPE by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Minister of Justice, Ms. A. TURTELBOOM. the Secretary of State to asylum and Migration, Ms. M. BLOCK sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Notes (1) Senate (www.senate.be): Documents: 5-2789 annals of the Senate: 2014-04-03 House of representatives (www.lachambre.be): Documents: complete record 53-3542: 23/04/2014 (2) entry into force for the Belgium: 29/09/2014 (3) 2 reports (4) States related Convention on the reduction of cases of statelessness States Contracting, acting in accordance with resolution 896 (IX) adopted by the General Assembly of the UN on December 4, 1954 , and whereas it is desirable to reduce statelessness by international agreement, have agreed upon the following provisions: Article 1 1. Any Contracting State grant its nationality to the individual born on its territory who would otherwise be stateless. This nationality will be given a) right, at birth, or b) on the application subscribed, provided for by the legislation of the State in question, to the authority by the person concerned or on his behalf; subject to the provisions of paragraph 2 of this article, the application may be rejected.
The Contracting State whose law provides for the granting of nationality on request pursuant to littera (b) of this paragraph may also grant its nationality by operation of law in the age and the conditions laid down by its Statute.
(2. the Contracting State may make the acquisition of its nationality under the letter b of paragraph 1 of this article, one or more of the following conditions: a) that the request is purchased during a period fixed by the Contracting State, period commencing no later than at the age of 18 and cannot finish before 21 years, provided, however, that the person concerned must have at least a year to subscribe its request personally and without clearance;
b) that the person concerned has habitually resided in the territory of the Contracting State, without however that the length of residence laid down by the latter can exceed ten years in total, including more than five years immediately preceding the filing of the application;
(c) that the person concerned has not declared guilty of an offence against national security or that he has not been sentenced to a term of imprisonment of at least five years for criminal fact;
d) that the person concerned has not acquired at birth or after a nationality.
3. Notwithstanding the provisions of paragraph (b) of paragraph 1 and paragraph 2 of this article, the legitimate child who was born in the territory of a Contracting State and whose mother has the nationality of that State acquires that nationality at birth if, otherwise, it would be stateless.
4. any State Contracting grant its nationality to the individual who otherwise would be stateless and which, at the time of the birth, the father or the mother had the nationality of that State if, over the age fixed for the presentation of its application or not meeting the conditions of imposed residences, this individual was able to acquire the nationality of the Contracting State on whose territory he was born. If parents did not have the same nationality at the time of the birth, the legislation of the Contracting State whose nationality is sought determines if the child follows the status of the father or the mother. If citizenship is granted on application, the latter will be introduced, as laid down by the legislation of the State in question, to the authority by the person concerned or his name. Subject to the provisions of paragraph 5 of this article, the application may be rejected.
(5. the Contracting State may make the grant of nationality pursuant to paragraph 4 of this article the following conditions or one of them: a) that the application be purchased until the person reaches an age fixed by the State Contracting in question, this 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 during a period immediately preceding the filing of the application, period fixed by that State and which the payable term cannot exceed three years;
(c)) that the person concerned has not acquired at birth or after a nationality.
Article 2 the child found in the territory of a Contracting State is, until evidence to the contrary, be deemed to born in this territory of parents possessing the nationality of that State.
Article 3 for the purposes of determining the obligations of the Contracting State, in the context of this Convention, the birth on board a ship or an aircraft shall be deemed has occurred on the territory of the State whose flag ship or in which the aircraft is registered.
Article 4 1. Any Contracting State to grant its nationality to the individual who would otherwise be stateless and was not born in the territory of a Contracting State, if at the time of the birth, the father or the mother had the nationality of the first of these States. If, at that time, the parents did not have the same nationality, the law of that State determines if the child follows the status of the father or the mother. The nationality designation under this paragraph is granted, a) of right, at birth, or b) on written request, provided for by the legislation of the State concerned to the competent authority by the interested or on his behalf; subject to the provisions of paragraph 2 of this article, the application may be rejected.
(2. the Contracting State may make the acquisition of its nationality under paragraph 1 of this article under the following conditions or one of them: has) that the application be purchased until the person reaches an age fixed by the State Contracting in question, this 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 during a period immediately preceding the filing of the application, period fixed by that State and which the payable term cannot exceed three years;
(c) that the person concerned has not found guilty of an offence against national security;
d) that the person concerned has not acquired at birth or after a nationality.
Article 5(1). If the law of a Contracting State provides the loss of nationality as a result of a change in status such as marriage, dissolution of marriage, legitimation, recognition or adoption, this loss must be subordinated to the possession or acquisition of citizenship of another State.
2. If, under the law of a Contracting State, a natural child loses the nationality of that State as a result of recognition of filiation, the possibility will be offered to recover it by an application with the competent authority, requests which cannot be subject to stricter conditions than those laid down in paragraph 2 of article 1 of this Convention.
Article 6 If the legislation of a State contractor provides that for an individual to lose his nationality or private causes loss of nationality for the spouse or children, this loss will be subject to the possession or acquisition by them of another nationality.
Article 7 1. (a) if the legislation of a State contractor provides repudiation, it does for an individual loss of nationality if it has or acquires another.
b) available to the littera (a) of this paragraph shall not apply where it appears inconsistent with the principles set out in articles 13 and 14 of the Universal Declaration of the human rights approved on 10 December 1948 by the General Assembly of the United Nations.
2. a person who holds the nationality of a Contracting State and who seeks naturalization in a foreign country does lose his nationality unless he acquires or has been assured to acquire the nationality of that country.
3. subject to the provisions of paragraphs 4 and 5 of this article, shall not lose his nationality, whether it should thereby become stateless, because he left the country whose nationality he possesses, resides abroad, does not register or for any other similar reason.
4. the loss of nationality affecting a naturalized person may be motivated by residence abroad for a period whose duration, fixed by the Contracting State cannot be less than seven consecutive years, if the person concerned does not declare to the authorities its intention to retain his nationality.
5. with regard to individuals born outside the territory of the Contracting State of which they are nationals, the conservation of this nationality beyond a date subsequent to one year to their majority may be

made subject, by the legislation of the Contracting State to conditions of residence at that time on the territory of that State or registration with the competent authority.
6. with the exception of the cases provided for in this article, an individual can lose the nationality of a Contracting State if it must thereby become stateless, even though this loss would not expressly excluded by any other provision of this Convention.
Article 8 1. Contracting States not deprive of their nationality no person if such deprivation would render stateless.
2. Notwithstanding the provision of paragraph 1 of this article, an individual may be deprived of the nationality of a Contracting State;
a) in the case where, pursuant to paragraphs 4 and 5 of article 7, it is allowed to prescribe the loss of nationality;
(b) when it has obtained this nationality by means of a false statement or any other fraudulent act.
3. Notwithstanding the provision of paragraph 1 of this article, a Contracting State may retain the ability to deprive an individual of his or her nationality, if it proceeds, at the time of signature, ratification or accession, a statement to that effect specifying one or more of the reasons provided for in its legislation on this date and in the following categories (: a) If an individual, under conditions involving its share a lack of loyalty to the Contracting State;
((i) A, defiance of an express prohibition of this State, brought or continued to provide its assistance to another State, or receipt or continued to receive another State of fees, or ii) has engaged in conduct likely to serious prejudice to the essential interests of the State;
(b) If an individual has lent oath of allegiance, or made a formal statement of allegiance to another State, or has expressed non-questionable way by his behavior his determination to repudiate his allegiance to the Contracting State.
4. a Contracting State make use of the option of depriving an individual of nationality under the conditions defined in paragraphs 2 and 3 of this article in accordance with the law, which will include the possibility for the person concerned to assert all its means of defence before a court or another independent body.
Article 9 the Contracting States not deprive of their nationality no individual or group of individuals for reasons of order racial, ethnic, religious or political.
Article 10 1. Any treaty concluded between Contracting States on the transfer of a territory must contain provisions to ensure that no one will become stateless by reason of the transfer. The Contracting States will do all that is in their power to ensure that any treaty thus concluded with a State which is not a party to the present Convention contains provisions to this effect.
2. in the absence of provisions on this point, the Contracting State to which territory is transferred or which otherwise acquires territory grant its nationality to individuals who otherwise would become stateless as a result of the transfer or acquisition.
Article 11 the Contracting States undertake to promote the establishment within the framework of the Organization of the United Nations, as soon as possible after the deposit of the sixth instrument of ratification or accession, of a body to which those believing himself entitled to benefit from this Convention can use to review their application and to obtain its assistance in the introduction of the application to the competent authority.
Article 12 1. Paragraph 1 of article 1 or article 4 of this Convention shall apply to the Contracting States which do not grant full nationality at birth, born individuals both before and after the entry into force of the Convention.
2. paragraph 4 of article 1 of the present Convention shall apply to individuals born both before and after the entry into force of the Convention.
3. article 2 of the Convention applies only to children found after the entry into force of the Convention.
Article 13 the provisions of this Convention do not obstacle to the application of the provisions more favourable to the reduction of statelessness or which would be introduced later 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 Contracting Parties concerning the interpretation or application of the Convention which cannot be settled by other means shall be referred to 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, trust, colonial and other territories non-metropolitan which a Contracting State is international relations; the interested Contracting State shall, subject to the provisions of paragraph 2 of this article, at the time of signature, ratification or accession, specify the territory or non-metropolitan territories to which this Convention shall apply ipso facto as a result of this signature, ratification or accession.
2. If matters of nationality, a non-metropolitan territory is not considered as forming a whole with the metropolitan territory, or if the consent of a non-metropolitan territory is required by legislation or constitutional practices of the Contracting State or the non-metropolitan territory, so that the Convention applies to that territory, that State Contracting should endeavour to obtain within the period of twelve months from the date on which it has signed the Convention, the necessary consent of the non-metropolitan territory, and when consent has been obtained, the Contracting State shall notify the Secretary-General of the United Nations. From the date of receipt of the notification by the Secretary-General, the Convention will apply to the territory or territories indicated by - ci.
3. at the expiration of the period of twelve months referred to in paragraph 2 of this article, the Contracting States concerned shall inform the Secretary-General of the outcome of the consultations with the non-metropolitan territories which they ensure the international relations and the consent for the purposes of this Convention would have not given.
Article 16 1. This Convention will be open for signature at the headquarters of the United Nations from August 30, 1961, to May 31, 1962.
2. this Convention shall be open for signature: has) of all States members of the Organization of the United Nations;
(b) by any other State invited to the Conference of the United Nations on the elimination or reduction of cases of statelessness in the future;
(c) by any other State to which the General Assembly of the United Nations has sent an invitation to sign or to accede.
3. the present 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 the present Convention. The 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 reservations to articles 11, 14 and 15.
2. it cannot be done with other reservations to this Convention.
Section 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 any State which ratifies this Convention or accedes thereto after the deposit of the sixth instrument of ratification or accession, the Convention shall enter into force the eighty-tenth day after the deposit by such 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 that date is later.
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 for the Contracting State concerned, one year after the date on which the Secretary-General has received notification.
2. where, in accordance with the provisions of article 15, this Convention will be made applicable to non-metropolitan of a Contracting State, the latter may, with the consent of the territory in question subsequently notify to the Secretary-General of the United Nations that the Convention being denounced for this territory at any time. The denunciation shall take effect one year after the date where the notification will be received to the Secretary-General, which will inform all the other Contracting States of the notification and the date where it will be received.
Section 20 (1). The Secretary general of the Organization of the United Nations shall notify all Member States of the Organization and States not members mentioned in article 16: a) signatures, ratifications and accessions under article 16;
b) reservations under article 17;
(c) the date on which this Convention enters into force in pursuance of article 18;
(d) denunciations under article 19).
2. the Secretary-General of the Organization of the United Nations shall at the latest after the deposit of the sixth instrument of ratification or accession report to the attention of the General Assembly the question of the establishment, in accordance with

in article 11, the organization that is mentioned.
Article 21 this Convention will be registered by the Secretary-General of the Organization of the United Nations on the date of its entry into force.
In witness whereof the undersigned Plenipotentiaries have signed this Convention.
Made in New York, Aug. 30 mil nine hundred and sixty and one, in a single copy which the Chinese, English, french, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations, and certified copies will be transmitted by the Secretary-General of the United Nations to all Member States of the Organization as well as to States not members referred to in article 16 of this Convention.

List of bound States States/organizations Date Authentigication Type of consent Date consent entry local force Albania membership 09/07/2003 07/10/2003 Germany membership 1977-08-31 29/11/1977 Armenia membership 18/05/1994 16/08/1994 Australia accession 1973-12-13 13/12/1975 Austria accession 1972-09-22 13/12/1975 Azerbaijan accession 1996-08-16 14/11/1996 Belgium accession 01 / 07 / 2014 29 / 09 / 2014 Bolivia accession 06 / 10 / 1983 04 / 01 / 1984
Bosnia-Herzegovina accession 13/12/1996 13/03/1997 Brazil membership 10/25/2007 23/01/2008 Bulgaria accession 22/03/2012 06/20/2012 BENIN accession 08/12/2011 07/03/2012 CANADA membership 17/07/1978 15/10/1978 Costa Rica accession 02/11/1977 01/31/1978 Côte d'Ivoire accession 03/10/2013 01/01/2014 Croatia accession 22/09/2011 12/21/2011 membership 11/07/1977 09/10/1977 Denmark Dominican Republic Ecuador indeterminate 05/12/1961
 
 Membership 09-24-2012 23/12/2012 Finland membership 08/07/2008-05/11/2008 FRANCE 31/05/1962 indeterminate GUATEMALA accession 19/07/2001 10/17/2001 HONDURAS accession 12-18-2012 18/03/2013 Hungary membership 2009-05-12 10/08/2009 Ireland accession 1973-01-18 13/12/1975 ISRAEL 30/08/1961 indeterminate Jamaica membership 09/01/2013 09/04/2013 KIRIBATI Succession 29/11/1983-12/07/1979 accession LESOTHO 24/09/2004-23/12. 2004 Latvia accession 14/04/1992 13/07/1992 LIBERIA accession 22/09/2004 23/12/2004 Libya membership 16/05/1989 14/08/1989 LIECHTENSTEIN membership 09/25/2009 24/12/2009 Lithuania accession 22/07/2013-20/10/2013 Moldova accession 19/04/2012 18/07/2012 MONTENEGRO accession 2013-12-05 05/03/2014 NICARAGUA accession 29/07/2013-27/10/2013 NIGER accession 1985-06-17 15/09/1985 NIGERIA membership 09/20/2011-19/12. 2011 Norway membership 11/08/1971 13/12/1975 New Zealand membership 20/09/2006 19/12/2006 PANAMA accession 06-02-2011 31/08/2011 PARAGUAY accession 06-06-2012 04/09/2012 Netherlands 30/08/1961 Ratification 13/05/1985-11/08/1985 PORTUGAL accession 10-01-2012 30/12/2012 Romania accession 27/01/2006-27/04/2006 United Kingdom 30/08/1961 Ratification 29/03/1966 13/12/1975 RWANDA membership 2006-10-04 02/01/2007 Serbia

 
 Accession 12-07-2011 03/06/2012 Slovakia accession 03/04/2000-02/07/2000 Sweden accession 19/02/1969 13/12/1975 SWAZILAND membership 1999-11-16 14/02/2000 SENEGAL membership 21/09/2005 20/12/2005 Chad accession 12/08/1999-10/11/1999 Czech REP.
 
 Accession 12/19/2001 19/03/2002 Tunisia accession 12/05/2000-10/08/2000 TURKMENISTAN membership 08-29-2012 11/27/2012 UKRAINE membership 25/03/2013 23/06/2013 URUGUAY membership 21/09/2001-20/12/2001 United Nations Convention on the reduction of statelessness, done at New York on 30 August 1961 Declarations - Declaration with respect to article 2 of the Convention : "The Belgian Government declares that the"foundlings"category for the Belgium concerning foundlings assumed they are newborns. ' - Declaration with respect to article 8, paragraph 3, of the Convention: "the Belgium reserves the right to deprive of its nationality a person who does not have nationality of a Belgian author on the day of his birth or which is not seen to grant its nationality under the Code of Belgian nationality as currently provided in Belgian legislation. namely: 1. If the person has acquired Belgian nationality as a result of fraudulent conduct, by false information, by false in writing and/or use of false or falsified documents, identity fraud or fraud in obtaining the right of residence;
2. If it fails seriously in its duties of Belgian citizen;
3. If as author, co-author or accomplice, she was sentenced to a term of imprisonment of five years or more without suspension 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;
-serious violations of international humanitarian law;
-terrorist offences;
-threat of attack against persons or properties, and misinformation relating to serious attacks.
-flights and extortion in nuclear material;
-offences relating to the physical protection of nuclear material;
-trafficking in human beings;
-trafficking in human beings;
4. If convicted, as author, co-author or accomplice to a term of imprisonment of five years or more without suspension for an offence which the commission was obviously facilitated by the possession of Belgian nationality, provided that the offence has been committed within five years from the date of obtaining Belgian nationality. »