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Argentina

Declaration:

       On the occasion of its accession to the Convention on the Reduction of Statelessness, adopted in New York on 30 August 1961, the Republic of Argentina objects and rejects the attempt to extend the territorial application of this instrument to the Malvinas Islands made by the United Kingdom of Great Britain and Northern Ireland upon ratification.

       The Argentine Government recalls that the Malvinas Islands, South Georgia Islands and South Sandwich Islands and the surrounding maritime areas are an integral part of the Argentine national territory and, being illegally occupied by the United Kingdom of Great Britain and Northern Ireland, are the subject of a sovereignty dispute between the two countries which is recognized by several international organizations.

       In this connection, the General Assembly of the United Nations has adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, in which the sovereignty dispute referred to as the “Question of the Malvinas Islands” is recognized and the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland are urged to resume negotiations in order to find as soon as possible a peaceful and lasting solution to the dispute. Concurrently, the Special Committee on Decolonization of the United Nations has repeatedly affirmed this view, most recently in its resolution adopted on 26 June 2014. Also, the General Assembly of the Organization of American States adopted, on 5 June 2014, a new pronouncement, in similar terms, on the question.

       The Argentine Government reaffirms its legitimate sovereign rights over the Malvinas Islands, South Georgia Islands and South Sandwich Islands and the surrounding maritime areas, as well asover the Argentine Antarctic Sector.

Austria

Declarations concerning article 8, paragraph 3 (a), (i) and (ii):

       "Austria declares to retain the right to deprive a person of his nationality, if such person enters, on his own free will, the military service of a foreign State.

       "Austria declares to retain the right to deprive a person of his nationality, if such person being in the service of a foreign State, conducts himself in a manner seriously prejudicial to the interests or to the prestige of the Republic of Austria."

Belgium

Declaration:

       - Declaration concerning article 2 of the Convention:

       The Belgian Government declares that, for Belgium, the category of “foundlings” concerns found children who are believed to be newborn.

       - Declaration concerning article 8, paragraph 3 of the Convention:

       Belgium reserves the right to deprive of his nationality a person who did not acquire it by virtue of a Belgian individual on the day of his birth, or who was not granted it under the Belgian Nationality Code, in the cases currently provided for under Belgian legislation, namely:

       1. If the person acquired Belgian nationality through fraudulent conduct, provision of false information, forgery and/or the use of false or falsified documents, identity fraud or fraudulent acquisition of the right of residency;

       2. If he seriously violates his duties as a Belgian citizen;

       3. If he has been sentenced as perpetrator, co-perpetrator or accomplice, to a non-suspended prison sentence of at least five years for one of the following offences:

       - Attacks or plots against the King, the Royal Family or the Government;

       - Crimes or misdemeanours against the external security of the State;

       - Crimes or misdemeanours against the internal security of the State;

       - Serious violations of international humanitarian law;

       - Terrorist offences;

       - Threat of attack against persons or property, and false information regarding serious attacks;

       - Theft or extortion of nuclear materials;

       - Offences relating to the physical protection of nuclear materials;

       - Human trafficking;

       - People smuggling;

       4. If he has been sentenced as perpetrator, co-perpetrator or accomplice, to a non-suspended prison sentence of at least five years for an offence that was manifestly facilitated by the possession of Belgian nationality, provided that the offence was committed within five years of the acquisition of Belgian nationality.

Brazil7

10 December 2009

Declaration:

       On 10 December 2009, the Secretary-General received from the Government of Brazil, the following communication:

       In reference to the instrument of accession relating to the Convention on the Reduction of Statelessness, concluded in New York on 30 August 1961, the Government of the Federative Republic of Brazil declares that, in accordance with Article 8, paragraph 3, sub-paragraph “a”, item “ii”of the Convention, the Federative Republic of Brazil retains the right to deprive a person of his nationality when he conducts himself in a manner seriously prejudicial to the vital interests of the Brazilian State.

       The Secretary-General also wishes to communicate the following information received by the Government of Brazil on 18 December 2009 (Original: English):

       “The National Congress of Brazil approved the text of the Convention on the Reduction of Statelessness by means of Legislative Decree n. 274, of 4 October 2007. In accordance with Legislative Decree n. 274/2007, the text of the Convention is approved expressly with the restriction allowed for in article 8 (3) (a) (ii) of the Convention, so that the Federative Republic of Brazil retains the right to deprive a person of his nationality when he conducts himself in a manner seriously prejudicial to the vital interests of the Brazilian State.” In this regard, it is noted that the instrument of accession to the Convention deposited by Brazil with the Secretary-General on 25 October 2007 did not specify the above restriction, in accordance with article 8 (3) of the Convention.

Colombia

Reservation:

       In accordance with the provisions of article 17 (1) of the Convention, the Republic of Colombia makes a reservation to article 14 to the effect that it does not recognize the jurisdiction of the International Court of Justice with regard to the disputes that may arise between Contracting States concerning the interpretation or application of the Convention.

France

       At the time of signature of this Convention, the Government of the French Republic declares that it reserves the right to exercise the power available to it under article 8 (3) on the terms laid down in that paragraph, when it deposits the instrument of ratification of the Convention.

       The Government of the French Republic also declares, in accordance with article 17 of the Convention, that it makes a reservation in respect of article 11, and that article 11 will not apply so far as the French Republic is concerned.

       The Government of the French Republic further declares, with respect to article 14 of the Convention, that in accordance with article 17 it accepts the jurisdiction of the Court only in relation to States Parties to this Convention which shall also have accepted its jurisdiction subject to the same reservations; it also declares that article 14 will not apply when there exists between the French Republic and another party to this Convention an earlier treaty providing another method for the settlement of disputes between the two States.

Georgia

Declaration:

       “… Georgia formally confirms the accession to the Convention and in accordance with paragraph 3 of Article 8 of the Convention declares:

       - Georgia retains the right to deprive the person of his nationality, that results in a loss of nationality (citizenship), as provided by the Organic Law of Georgia on the Citizenship of Georgia;

       - The entry into force of the UN Convention on the Reduction of Statelessness of 30 August 1961 for Georgia cannot be construed as recognition of citizenship granted by the Russian Federation in violation of international law and Georgian legislation to the population residing in the Georgian regions - Abkhazia and Tshkhinvali Region.”

Germany3

       The Federal Republic of Germany will apply the said Convention:

       (a) in respect of elimination of statelessness, to persons who are stateless under the terms of article 1, paragraph 1, of the Convention relating to the Status of Stateless Persons of 28 September 1954;

       (b) in respect of prevention of statelessness and retention of nationality, to German nationals within the meaning of the Basic Law (Constitution) for the Federal Republic of Germany.

Ireland

       "In accordance with paragraph 3 of article 8 of the Convention Ireland retains the right to deprive a naturalised Irish citizen of his citizenship pursuant to section 19 (1) (b) of the Irish Nationality and Citizenship Act, 1956, on grounds specified in the aforesaid paragraph."

Italy

Declaration:

       At the time of the deposit of the instrument of accession, the [Italian] Government avails itself of the right provided for under article 8, paragraph 3, of the Convention…

Jamaica

Declaration:

       “Upon acceding to the Convention on the Reduction of Statelessness, the Government of Jamaica declares, pursuant to Article 8 of the Convention, that it retains the right under its laws to deprive a person of his or her nationality in the circumstances outlined in Paragraph 3 of that Article in the Convention.”

Lithuania

Declaration:

       “… In accordance with paragraph 3 of Article 8 of the Convention, … the Republic of Lithuania declares that the Republic of Lithuania retains the right to deprive a person of his nationality on the grounds of the deprivation of nationality of the Republic of Lithuania, as provided for in paragraphs 4 and 6 of Article 24 of the Law of the Republic of Lithuania on Citizenship.”

New Zealand

Declaration:

       "[New Zealand] declares that in accordance with paragraph 3 of article 8 of the Convention New Zealand retains the right to deprive a person of his New Zealand citizenship on the following grounds, being grounds existing in New Zealand law at the present time:

       the person has, while a New Zealand citizen and while of or over the age of 18 years and of full capacity,

       (a) Acquired the nationality or citizenship of another country by any voluntary and formal act, and acted in a manner that is contrary to the interests of New Zealand; or

       (b) Voluntarily exercised any of the privileges or performed any of the duties of another nationality or citizenship possessed by him in a manner that is contrary to the interests of New Zealand."

Niger

       With reservations in respect of articles 11, 14 and 15.

Spain

Declaration on the local nature of the authorities of Gibraltar :

       Considering the scope of the application of the present Convention, Spain wishes to formulate the following declaration:

       1. Gibraltar is a Non-Self-Governing Territory for whose international relations the Government of the United Kingdom is responsible and which is subject to a process of decolonization in accordance with the relevant decisions and resolutions of the General Assembly.

       2. The authorities of Gibraltar are local in character, and exercise competences exclusively over domestic affairs that originate in and are based on the powers allocated to and conferred on them by the United Kingdom, in accordance with its domestic legislation and in its capacity as the sovereign State upon which depends the said Non-Self-Governing Territory.

       3. Consequently, any involvement by the Gibraltarian authorities in the implementation of this Treaty shall be understood to take place exclusively within the framework of the domestic jurisdiction of Gibraltar and shall not be considered to affect in any way the content of the two preceding paragraphs.

       4. The procedure envisaged in the Arrangements relating to Gibraltar authorities in the context of Mixed Agreements (2007), which was agreed by Spain and the United Kingdom on 19 December 2007 and notified to the Secretary-General of the Council of the European Union, applies to this Convention.

Declaration pursuant to article 8:

       Under article 8 (3) (a), the Government of Spain declares that it reserves the right to deprive a person of Spanish nationality when he enters voluntarily the service of the armed forces, or holds political office, in a foreign State against the express prohibition of the Government.

Togo

Declaration:

       ... in accordance with the provisions of Article 8, paragraph 3, of the Convention, the Togolese Republic retains the right to deprive a person of the Togolese nationality, in application of Togolese legislation relating to Togolese nationality, in particular for the following reasons:

       - if the person who has acquired Togolese nationality engages in activities prejudicial to the interests of Togo;

       - if the person who has acquired Togolese nationality has been sentenced, for an act qualified as a crime under Togolese law, to more than five years of imprisonment without parole.

Tunisia8

Reservation:

       [The Government of Tunisia] declares that it does not consider itself bound by the provisions of article 11 concerning the establishment of a body responsible for assisting in the presentation of claims to obtain nationality to the appropriate authorities, or of article 14, which provides for the competence of the International Court of Justice to rule on disputes concerning the interpretation or application of the Convention.

Declaration:

       The Republic of Tunisia declares that, in accordance with article 8, paragraph 3, of the [Convention] , it retains the right to deprive a person of Tunisian nationality in the following circumstances as provided for in its existing national law:

       1. If he occupies a post in the public service of a foreign State or in foreign armed forces and retains it for more than one month after being enjoined by the Government of Tunisia to leave the post, unless it is found that it was impossible for him to do so.

       2. If he is convicted of an act held to be a crime or an offence against the external or internal security of the State.

       3. If he engages, for the benefit of a foreign State, in acts which are incompatible with his status as a Tunisian national and which are prejudicial to Tunisia's interests.

       4. If he is convicted in Tunisia or abroad for an act held to be a crime under Tunisian law and carrying a sentence of at least five years' imprisonment.

       5. If he is convicted of evading his obligations under the law regarding recruitment into the armed forces.

       6. If it is discovered, subsequent to issuance of the naturalization certificate, that the person concerned did not fulfil the conditions required by law allowing him to be naturalized.

       7. If the alien has made a false declaration, employed fraudulent means or knowingly submitted a document containing a false or incorrect statement for the purpose of obtaining naturalization.

United Kingdom of Great Britain and Northern Ireland

       "[The Government of the United Kingdom declares that], in accordance with paragraph 3 (a) of Article 8 of the Convention, notwithstanding the provisions of paragraph 1 of Article 8, the United Kingdom retains the right to deprive a naturalised person of his nationality on the following grounds, being grounds existing in United Kingdom law at the present time:  that, inconsistently with his duty of loyalty to Her Britannic Majesty, the person

       "(i) Has, in disregard of an express prohibition of Her Britannic Majesty, rendered or continued to render services to, or received or continued to receive emoluments from, another State, or

       "(ii) Has conducted himself in a manner seriously prejudicial to the vital interests of Her Britannic Majesty."

Belgium

13 July 2022

With regard to the declaration made by Togo upon accession:

       The Kingdom of Belgium has carefully examined the declaration made by the Togolese Republic upon its accession on 14 July 2021 to the Convention on the Reduction of Statelessness, done at New York on 30 August 1961 (hereinafter “the Convention”), in accordance with Article 8, paragraph 3.

       The Kingdom of Belgium considers that the fact of having been sentenced, for an act qualified as a crime under Togolese law, to more than five years of imprisonment without parole does not constitute a permissible ground for deprivation of nationality under the exceptions provided for by Article 8 of the Convention. Consequently, the Kingdom of Belgium considers that the second indent of the declaration made by the Togolese Republic constitutes a reservation contrary to the object and purpose of the Convention. It recalls that under the terms of Article 19 of the Vienna Convention on the Law of Treaties, a State may not formulate a reservation incompatible with the object and purpose of a treaty.

       Consequently, the Kingdom of Belgium objects to the second indent of the declaration made by the Togolese Republic to the Convention on the Reduction of Statelessness.

        This objection shall not preclude the entry into force of the Convention between the Kingdom of Belgium and the Togolese Republic.

Germany

15 May 2001

       "The Government of the Federal Republic of Germany has examined the declaration to the Convention on the Reduction of Statelessness made by the Government of the Republic of Tunisia upon its accession to the Convention.  The Government of the Federal Republic of Germany holds the view that such a declaration seeks to limit the duty of a state not to deprive a person of its nationality if such deprivation would render him stateless in an extent which is not covered by the exceptions of Article 8 paragraph 3 of the Convention.  The declaration therefore restricts one of the essential duties of the Convention in a way contrary to the essence of the Convention.  It is hence incompatible with the object and purpose of the Convention.

       The Government of the Federal Republic of Germany therefore objects to the declaration made by the Government of the Republic of Tunisia in respect of Article 8 of the Convention on the Reduction of Statelessness.

       This objection does not preclude the entry into force of the Convention between the Federal Republic of Germany and the Republic of Tunisia."

4 January 2022

With regards to the declaration made by Togo upon accession:

       The Permanent Mission of the Federal Republic of Germany to the United Nations presents its compliments to the Office of the Secretary-General of the United Nations and, has the honour to communicate to the Secretary-General of the United Nations, in his capacity as depositary of the Agreement of 30 August 1961 on the Reduction of Statelessness, the following:

       Upon accession to the Convention of August 30, 1961 on the Reduction of Statelessness (hereinafter referred to as “the Convention”) on July 14, 2021, the Togolese Republic declared “in accordance with the provisions of Article 8, paragraph 3, of the Convention [that] the Togolese Republic retains the right to deprive a person of the Togolese nationality, in application of Togolese legislation relating to Togolese nationality, in particular for the following reasons:

       - if the person who has acquired Togolese nationality engages in activities prejudicial to the interests of Togo;

       - if the person who has acquired Togolese nationality has been sentenced, for an act qualified as a crime under Togolese law, to more than five years of imprisonment without parole.”

       While the Federal Republic of Germany acknowledges that activities directed against the interests of the Togolese Republic, as referred to in the first indent of the reservation by Togolese Republic, may be compatible with Article 8(3)(a)(ii) of the Convention, it holds that the reservation to Article 8(3) of the Convention formulated in the second indent is not a permissible ground for deprivation of nationality under the exceptions allowed in the Convention. Therefore, the reservation by the Togolese Republic is incompatible with the object and purpose of the Convention, which is to reduce statelessness.

       The Federal Republic of Germany objects to the second indent of the reservation by the Togolese Republic. This objection does not affect the entry into force of the Convention between the Federal Republic of Germany and the Togolese Republic.

22 March 2023

With regards to the declaration made by the Philippines upon accession:

       “Upon accession to the Convention of August 30, 1961 on the Reduction of Statelessness (hereinafter referred to as “the Convention”) on March 24th 2022, the Republic of the Philippines among others declared,

       (a) that the Republic of the Philippines maintains the grounds for the acquisition, loss and reacquisition of Philippine citizenship as provided under Art. IV of the 1987 Philippine Constitution and relevant domestic laws;

       (b) [...]

       (c) that in accordance with Article 8 para. 3 of the Convention the Republic of the Philippines retains the grounds for losing Philippine citizenship as provided for under Section 1 of Commonwealth Act No. 63, subject, however, to the provisions of Republic Act (R.A.) No. 9225 and R.A. No. 8171, and other prevailing domestic laws.

       (d) [...]

       In the view of the Federal Republic of Germany, the declaration under (a) is a general constitutional reservation incompatible with the object and purpose of the Convention and thus an inadmissible reservation under Art. 17 para. 2 of the Convention.

       Moreover, the declaration under (c) does not meet the requirements of Article 8 para. 3 of the Convention. Art. 8 para. 3 grants a Contracting State the right to deprive a person of his or her nationality even though this renders him or her stateless, if ‘it specifies its retention of such right on one or more of the following grounds.’

       The declaration of the Republic of the Philippines, however, merely contains a general reference to Philippine laws that are not comprehensively named. The declaration thus does not provide the necessary specification and clarity necessary under the exceptional nature of the provision.

       The Federal Republic of Germany objects both to the reservation of the Republic of the Philippines under (a) and to the declaration under (c).

       This objection shall not prevent the entry into force of the Agreement between the Federal Republic of Germany and the Republic of the Philippines.”

Norway

23 May 2001

       "The Government of Norway has examined the contents of the reservation and declaration made by the Republic of Tunisia upon accession to the Convention on the Reduction of Statelessness.

       The Convention prohibits the deprivation of nationality if it will render the person in question stateless.  This prohibition is subject to certain limitations.  It is the position of the Government of Norway that paragraph 3 and 4 of the Tunisian declaration are not justified under the Convention.  The said paragraphs of the declaration are contrary to the object and purpose of the Convention, as they aim at limiting the obligations that States undertake when acceding to it, the core obligation being to reduce statelessness.

       This objection does not preclude the entry into force in its entirety of the Convention between the Kingdom of Norway and the Republic of Tunisia.  The Convention thus becomes operative between Norway and Tunisia without Tunisia benefiting from the said declaration."

Sweden

23 May 2001

       "The Government of Sweden has examined the declaration to the Convention on the Reduction of Statelessness made by the Government of the Republic of Tunisia upon its accession to the Convention. The Government of Sweden is of the view that this declaration seeks to limit the duty of Tunisia not to deprive a person of its nationality if such deprivation would render him stateless in an extent which is not covered by the exceptions of Article 8 paragraph 3 of the Convention.  The declaration therefore restricts one of the essential duties of the Convention and raises serious doubts as to the commitment of the republic of Tunisia to the object and purpose of the Convention.

       It is in the common interest of States that treaties to which they have chosen to become parties are respected as to their object and purpose by all parties, and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties.  Furthermore, according to the Vienna Convention on the Law of Treaties of 23 May 1969, and well-established customary international law, a reservation contrary to the object and purpose of the treaty shall not be permitted.

       The Government of Sweden therefore objects to the declaration made by the Government of the Republic of Tunisia in respect of Article 8 of the Convention on the Reduction of Statelessness.

       This objection does not preclude the entry into force of the Convention between the Republic of Tunisia and Sweden."

6 July 2022

With regards to the declaration made by Togo upon accession:

       “The Government of Sweden has examined the declaration to the Convention on the Reduction of Statelessness made by the Togolese Republic, by which the Togolese Republic expresses that ‘... in accordance with the provisions of Article 8, paragraph 3, of the Convention, the Togolese Republic retains the right to deprive a person of the Togolese nationality, in application of Togolese legislation relating to Togolese nationality, in particular for the following reasons:

       - if the person who has acquired Togolese nationality engages in activities prejudicial to the interests of Togo;

       - if the person who has acquired Togolese nationality has been sentenced, for an act qualified as a crime under Togolese law, to more than five years of imprisonment without parole.’

       The Government of Sweden is of the view that the second indent of the declaration seeks to limit the duty of the Togolese Republic not to deprive a person of its nationality if such deprivation would render him or her stateless to an extent which is not covered by the exceptions of Article 8 paragraph 3 of the Convention. The declaration therefore amounts to a reservation which restricts one of the essential obligations of the Convention and is as such contrary to the object and purpose of the Convention.

       The Government of Sweden therefore objects to the aforementioned reservation made by the Togolese Republic. This objection does not preclude the entry into force of the Convention between Sweden and the Togolese Republic. The Convention enters into force in its entirety between the two States, without the Togolese Republic benefitting from its reservation.”