At its first session, in 1949, the Commission selected nationality including statelessness as a topic for codification without, however, including it in the list of topics to which it gave priority.

During its second session, in 1950, the Commission was notified of resolution 304 D (XI) (E, F, S, R, C) of the Economic and Social Council on the nationality of married women, adopted on 17 July 1950, in which the Council proposed that the Commission undertake the drafting of a convention, embodying the principles recommended by the Commission on the Status of Women. After considering the resolution, the Commission deemed it appropriate to entertain the proposal of the Council in connection with its work on the topic of nationality, including statelessness.

Extracts from The Work of the International Law Commission, 6th ed., vol. 1

At its third session, in 1951, the Commission was notified of another resolution of the Economic and Social Council, resolution 319 B III (XI) of 11 August 1950 (E, F, S, R, C), urging the Commission to prepare at the earliest possible date a draft international convention or conventions for the elimination of statelessness. The Commission noted that this matter could be considered within the framework of the topic of nationality, including statelessness. At the same session, the Commission decided to initiate work on this topic.

The Commission considered the topic from its third session, in 1951, to its sixth session, in 1954. It appointed Manley O. Hudson and Roberto Córdova as the successive Special Rapporteurs for the topic at its third and fourth sessions, in 1951 and 1952, respectively. At the latter session, the Commission also invited Dr. Ivan S. Kerno to serve as an individual expert of the Commission on the question of elimination or reduction of statelessness. In connection with its work on this topic, the Commission had before it the reports of the Special Rapporteurs, [1]  comments by Governments, [2]  documents prepared by the Secretariat [3]  as well as memoranda prepared by the expert. [4]

(a)          Nationality of married persons

At its fourth session, in 1952, the Special Rapporteur submitted to the Commission, as a part of his report on nationality, including statelessness, a draft of a convention on nationality of married persons. [5]  The draft followed very closely the terms proposed by the Commission on the Status of Women and approved by the Economic and Social Council. The Commission, however, decided that the question of the nationality of married women could not suitably be considered by it separately but only in the context, and as an integral part, of the whole subject of nationality. The Commission therefore did not take further action with respect to the draft. [6]

The problem of the nationality of married women continued to be under consideration by other organs of the United Nations. In 1955, the General Assembly took note of the preamble and the first three substantive articles of the draft Convention on the Nationality of Married Women, which had been drafted by the Commission on the Status of Women. After the final clauses of the draft Convention were prepared by the Third (Social) Committee, the Assembly, by resolution 1040 (XI) of 29 January 1957, adopted the Convention, which came into force on 11 August 1958. [7]  

(b)          Future statelessness

At its fourth session, in 1952, the Commission also had before it, as a part of the report submitted by the Special Rapporteur, Mr. Hudson, a working paper dealing with statelessness. [8]  The Commission then requested the Special Rapporteur to prepare, for consideration at its fifth session, a draft convention on the elimination of statelessness and one or more draft conventions on the reduction of future statelessness.

At its fifth session, in 1953, on the basis of a report containing draft articles submitted by the new Special Rapporteur, Mr. Córdova, [9]  the Commission adopted on first reading two draft conventions, one on the elimination of future statelessness and another on the reduction of future statelessness, which were then transmitted to Governments for comment.

At its sixth session, in 1954, the Commission discussed the observations made by Governments on the two draft conventions and redrafted some of the articles in the light of their comments. At the same session, the Commission adopted the final drafts of both conventions (elimination of future statelessness and another on the reduction of future statelessness). [10]  In submitting these final drafts to the General Assembly, the Commission said:

The draft conventions, each consisting of eighteen articles, aimed, on the one hand, at facilitating the acquisition of the nationality of a country by birth within its borders and, on the other hand, at avoiding the loss of a nationality except when another nationality was acquired. The convention on the elimination of future statelessness , would impose stricter obligations on the contracting parties than the one which had the more modest aim of merely reducing statelessness. The Commission stated in its report that it would be for the General Assembly to consider to which of the draft conventions preference should be given. [12]

At the Assembly’s 1954 session, the majority of representatives in the Sixth Committee expressed the opinion that the time was not ripe for immediate consideration of the substance of the draft conventions and that the positions of Member States with respect to the draft conventions had not yet been sufficiently ascertained. The Sixth Committee, however, approved a draft resolution under which the General Assembly would express “its desire that an international conference of plenipotentiaries be convened to conclude a convention for the reduction or elimination of future statelessness as soon as at least twenty States have communicated to the Secretary-General their willingness to cooperate in such a conference”. This resolution was subsequently adopted by the General Assembly on 4 December 1954 as resolution 896 (IX) (E, F, S, R, C, A).

The United Nations Conference on the Elimination or Reduction of Future Statelessness [13]  met at Geneva from 24 March to 18 April 1959, with representatives of thirty-five States participating. The Conference decided to use as the basis for its discussion the draft convention on the reduction of future statelessness — one of the two drafts prepared by the International Law Commission — and adopted provisions aimed at reducing statelessness at birth.

It did not, however, reach agreement as to how to limit the freedom of States to deprive citizens of their nationality in cases where such deprivation would render them stateless. Consequently, the Conference recommended to the competent organs of the United Nations that it be reconvened at the earliest possible time in order to complete its work.

The second part of the Conference, in which representatives of thirty States participated, met in New York from 15 to 28 August 1961. The Conference adopted the Convention on the Reduction of Statelessness, [14]  which was opened for signature from 30 August 1961 to 31 May 1962. Signatures are subject to ratification. The Convention is open for accession by any non-signatory State entitled to become a party. The Convention, which is reproduced in annex V, section B, entered into force on 13 December 1975. By 3 October 2003, twenty-seven States were parties to the Convention.

(c)     Present statelessness

At its fifth session, in 1953, the Special Rapporteur, Mr. Córdova, prepared an interim report and drafts of conventions bearing on the problem of the elimination or reduction of existing statelessness. [15]  The Commission requested the Special Rapporteur to devote further study to the matter and prepare a report for the Commission’s sixth session, in 1954.

At its sixth session, in 1954, the Commission had before it the report of the Special Rapporteur, [16]  containing four draft instruments dealing with elimination or reduction of present statelessness. In the course of the Commission’s consideration of the report, the Special Rapporteur withdrew three of the proposed drafts. The Commission accepted as the basis of its discussion the fourth draft instrument proposed by the Special Rapporteur, the Alternative Convention on the Reduction of Present Statelessness.

The Commission considered that it was not feasible to suggest measures for the total and immediate elimination of present statlessness and that present statelessness could only be reduced if stateless persons acquired a nationality which would normally be that of the country of residence. Since, however, the acquisition of nationality is in all countries governed by certain statutory conditions, including residence qualifications, the Commission considered that for the purpose of improving the condition of statelessness it would be desirable that stateless persons should be given the special status of “protected person” in their country of residence prior to the acquisition of nationality. Stateless persons possessing this status would have all civil rights, and would also be entitled to the diplomatic protection of the Government of the country of residence; the protecting State might impose on them the same obligations as it imposed on nationals. [17]  

At the same session, the Commission formulated its proposals accordingly and adopted them in the form of seven articles with commentaries. [18]  They were submitted to the General Assembly as part of its final report on nationality, including statelessness. In submitting the proposals, the Commission said: “In view of the great difficulties of a non-legal nature which beset the problem of present statelessness, the Commission considered that the proposals adopted, though worded in the form of articles, should merely be regarded as suggestions which Governments may wish to take into account when attempting a solution of this urgent problem.” [19]  

(d)          Multiple nationality

At its sixth session, in 1954, the Commission held a general discussion on the subject of multiple nationality and had before it a report of the Special Rapporteur, Mr. Córdova, [20]  and a memorandum by the Secretariat [21]  on this subject. Several members expressed the opinion that the Commission should content itself with the work it had done so far in the field of nationality, and the Commission thereupon decided to “defer any further consideration of multiple nationality and other questions relating to nationality”. [22]

The Commission returned to the question of nationality in the context of its work on the topic of nationality in relation to the succession of States.

---