Have agreed as follows:
Article 7
1. (a) If the law of a Contracting State entails
loss or renunciation of nationality, such renunciation shall not result in loss
of nationality unless the person concerned possesses or acquires another
nationality;
(b) The provisions of subparagraph (a) of this
paragraph shall not apply where their application would be inconsistent with
the principles stated in articles 13 and 14 of the Universal Declaration of
Human Rights approved on 10 December 1948 by the General Assembly of the United
Nations.
2. A national of a Contracting State who seeks
naturalization in a foreign country shall not lose his nationality unless he
acquires or has been accorded assurance of acquiring the nationality of that
foreign country.
3. Subject to the provisions of paragraphs 4 and
5 of this article, a national of a Contracting State shall not lose his
nationality, so as to become stateless, on the ground of departure, residence
abroad, failure to register or on any similar ground.
4. A naturalized person may lose his nationality
on account of residence abroad for a period, not less than seven consecutive
years, specified by the law of the Contracting State concerned if he fails to
declare to the appropriate authority his intention to retain his nationality.
5. In the case of a national of a Contracting
State, born outside its territory, the law of that State may make the retention
of its nationality after the expiry of one year from his attaining his majority
conditional upon residence at that time in the territory of the State or
registration with the appropriate authority.
6. Except in the circumstances mentioned in this
article, a person shall not lose the nationality of a Contracting State, if
such loss would render him stateless, notwithstanding that such loss is not
expressly prohibited by any other provision of this Convention.
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Article 8
1. A Contracting State shall not deprive a
person of his nationality if such deprivation would render him stateless.
2. Notwithstanding the provisions of paragraph 1
of this article, a person may be deprived of the nationality of a Contracting
State:
(a) In the circumstances in which, under
paragraphs 4 and 5 of article 7, it is permissible that a person should lose
his nationality;
(b) Where the nationality has been obtained by
misrepresentation or fraud.
3. Notwithstanding the provisions of paragraph I
of this article, a Contracting State may retain the right to deprive a person
of his nationality, if at the time of signature, ratification or accession it
specifies its retention of such right on one or more of the following grounds,
being grounds existing in its national law at that time:
(a) That, inconsistently with his duty of
loyalty to the Contracting State, the person:
(i) Has, in disregard of an express prohibition
by the Contracting State 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 the State;
(b) That the person has taken an oath, or made a
formal declaration, of allegiance to another State, or given definite evidence
of his determination to repudiate his allegiance to the Contracting State.
4. A Contracting State shall not exercise a
power of deprivation permitted by paragraphs 2 or 3 of this article except in
accordance with law, which shall provide for the person concerned the right to
a fair hearing by a court or other independent body.
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Article 9
A Contracting State may not deprive any person
or group of persons of their nationality on racial, ethnic, religious or
political grounds.
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Article 10
1. Every treaty between Contracting States
providing for the transfer of territory shall include provisions designed to
secure that no person shall become stateless as a result of the transfer. A
Contracting State shall use its best endeavours to secure that any such treaty
made by it with a State which is not a Party to this Convention includes such
provisions.
2. In the absence of such provisions a
Contracting State to which territory is transferred or which otherwise acquires
territory shall confer its nationality on such persons as would otherwise
become stateless as a result of the transfer or acquisition.
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Article 11
The Contracting States shall promote the
establishment within the framework of the United Nations, as soon as may be
after the deposit of the sixth instrument of ratification or accession, of a
body to which a person claiming the benefit of this Convention may apply for
the examination of his claim and for assistance in presenting it to the
appropriate authority.
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Article 12
1. In relation to a Contracting State which does
not, in accordance with the provisions of paragraph I of article I or of
article 4 of this Convention, grant its nationality at birth by operation of
law, the provisions of paragraph I of article I or of article 4, as the case
may be, shall apply to persons born before as well as to persons born after the
entry into force of this Convention.
2. The provisions of paragraph 4 of article I of
this Convention shall apply to persons born before as well as to persons born
after its entry into force.
3. The provisions of article 2 of this
Convention shall apply only to foundlings found in the territory of a
Contracting State after the entry into force of the Convention for that State.
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Article 13
This Convention shall not be construed as
affecting any provisions more conducive to the reduction of statelessness which
may be contained in the law of any Contracting State now or hereafter in force,
or may be contained in any other convention, treaty or agreement now or
hereafter in force between two or more Contracting States..
(b) Reservations under article 17;
(c) The date upon which this Convention enters
into force in pursuance of article 18;
(d) Denunciations under article 19.
2. The Secretary-General of the United Nations
shall, after the deposit of the sixth instrument of ratification or accession
at the latest, bring to the attention of the General Assembly the question of
the establishment, in accordance with article 11, of such a body as therein
mentioned.
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