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RS 0.141.0 Convention of 13 September 1973 to reduce the number of statelessness

Original Language Title: RS 0.141.0 Convention du 13 septembre 1973 tendant à réduire le nombre des cas d’apatridie

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0.141.0

Original text

Convention to reduce the number of statelessness

Conclue in Berne September 13, 1973
Approved by the Federal Assembly on September 26, 1989 1
Instrument of ratification deposited by Switzerland on 19 May 1992
Entry into force for Switzerland 18 June 1992

(Status on 26 August 2003)

The States Parties to this Convention, members of the International Commission of the Civil State, who wish to reduce the number of statelessness, have agreed as follows:

Art. 1

A child whose mother has the nationality of a Contracting State shall, at birth, acquire the nationality of the Contracting State in the event of a stateless person.

However, where the mother's filiation takes effect on nationality only on the day on which it is established, the minor child acquires the nationality of his or her mother to date.

Art. 2

For the purposes of the preceding article, a child born to a father who is a refugee is considered not to have the nationality of the child.

Art. 3

The provisions of the preceding Articles shall apply in each Contracting State to children born after the entry into force of the Convention in that State or minors on that date.

Art. 4

When signing the notification provided for in Art. 6 or of accession, each Contracting State may declare that it reserves the right:

(a)
To limit the application of the foregoing Articles to children born in the territory of a Contracting State;
(b)
Not to apply s. 2;
(c)
Not to apply s. 2 when the father is recognised as a refugee in his or her territory.

The reservations provided for in the preceding subparagraph may be withdrawn totally or partially at any time by simple notification to the Swiss Federal Council.

The Swiss Federal Council shall notify the Contracting States and the Secretary General of the International Commission of the Civil State of any reservation formulated or withdrawn pursuant to this Article.

Art. 5

The Convention does not preclude the application of international conventions or rules of domestic law which are more favourable to the attribution to the child of the nationality of his mother.

Art. 6

The signatory States shall notify the Swiss Federal Council of the completion of the procedures required to make this Convention applicable in their territory.

The Swiss Federal Council will notify the Contracting States and the Secretary General of the International Commission of the Civil State of any notification within the meaning of the preceding paragraph.

Art. 7

This Convention shall enter into force as from the thirtieth day after the date of the filing of the second notification within the meaning of s. 6 and will therefore take effect between two states which have completed this formality.

For each State, performing after the formality provided for in the preceding Article, this Convention shall take effect from the thirtieth day after the date of the filing of its notification.

Art. 8

This Convention shall apply to the full extent of the metropolitan territory of each Contracting State.

Any State may, upon signature of the notification, accession or later, declare by notification addressed to the Swiss Federal Council that the provisions of this Convention shall apply to one or more of its Non-metropolitan areas, states or territories for which it has international responsibility. The Swiss Federal Council will notify each of the Contracting States and the Secretary General of the International Civil State Commission of the latter notification. The provisions of this Convention shall become applicable in the States or territories designated in the notification on the sixtieth day following the date on which the Swiss Federal Council receives such notification.

Any State which has made a declaration in accordance with the provisions of para. 2 of this Article, may thereafter declare at any time by notification addressed to the Swiss Federal Council, that this Convention shall cease to be applicable to one or more of the States or territories designated in the declaration.

The Swiss Federal Council will notify each of the Contracting States and the Secretary General of the International Civil State Commission of the new notification.

The Convention shall cease to be applicable to the State, or to the territory concerned, on the sixtieth day following the date on which the Swiss Federal Council receives the said notification.

Art.

Any State member of the Council of Europe or of the International Commission of the Civil State, as well as any State bound by the International Convention relating to the Status of Refugees signed at Geneva on 28 July 1951 1 Or by the Protocol on the Status of Refugees of 31 January 1967 2 , may accede to this Convention. The act of accession will be deposited with the Swiss Federal Council. The latter shall notify each of the Contracting States and the Secretary General of the International Commission of the Civil States of any deposit of an act of accession. The Convention shall enter into force, for the acceding State, on the thirtieth day after the date of the deposit of the Act of Accession.

The deposit of the Act of Accession may take place only after the entry into force of this Convention.


Art. 10 Scope of the Agreement on 26 August 2003 Reservations and declarations

This Convention shall remain in force without limitation. However, each Contracting State may denounce it at any time by means of a written notification to the Swiss Federal Council, which shall inform the other Contracting States and the Secretary General of the Commission International Civil State

This right of denunciation shall not be exercised before the expiration of one year from the notification provided for in Art. 6 or accession.

The denunciation shall have effect from a period of six months after the date on which the Swiss Federal Council receives the notification provided for in the first paragraph of this Article.

In witness whereof, The undersigned representatives duly authorised for this purpose have signed this Convention.

Done at Berne, on September 13, thousand nine hundred and seventy-three, in a single copy which shall be deposited in the archives of the Swiss Federal Council and of which a certified copy shall be furnished by diplomatic means to each of the Contracting States and To the Secretary General of the International Commission of Civil Affairs.

(Suivent signatures)

Scope of the Agreement on 26 August 2003

States Parties

Ratification

Entry into force

Germany *

August 25

1977

24 September

1977

Greece *

1 Er July

1977

July 31

1977

Luxembourg *

July 11

1978

10 August

1978

Switzerland

19 May

1992

18 June

1992

Turkey

13 February

1976

July 31

1977

*

Reservations and declarations, see below.


Reservations and declarations

Germany

The Federal Republic of Germany declares that it makes use of the reservation provided for in Art. 4, para. 1, let. B, and that it will not apply s. 2 of this Convention.

The Federal Republic of Germany will apply this Convention to any child whose mother is German within the meaning of the Basic Law for the Federal Republic of Germany.

Greece

The Hellenic Republic declares that it makes use of the reservation provided for in Art. 4, para. 1, let. B, and that it will not apply s. 2 This Convention.

Luxembourg

In accordance with Art. 4 (b) of the Convention, the Government of the Grand Duchy of Luxembourg declares that it reserves the right not to apply s. 2.


RO 1992 1779; FF 1987 III 337


1 RO 1992 1778


Status August 26, 2003