Last Updated: Friday, 31 October 2014, 13:33 GMT

Special Protocol Concerning Statelessness

Publisher League of Nations
Publication Date 12 April 1930
Citation / Document Symbol C.27.M.16.1931.V
Reference Not yet entered into force
Other Languages / Attachments Greek
Cite as League of Nations, Special Protocol Concerning Statelessness, 12 April 1930, C.27.M.16.1931.V, available at: http://www.refworld.org/docid/3ae6b36f1f.html [accessed 31 October 2014]
Comments The Protocol was adopted at the Conference for the Codification of International Law, The Hague, 12 April 1930.
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

THE UNDERSIGNED PLENIPOTENTIARIES, on behalf of their respective Governments,

With a view to determining certain relations of stateless persons to the State whose nationality they last possessed,

HAVE AGREED AS FOLLOWS:

Article 1.

If a person, after entering a foreign country, loses his nationality without acquiring another nationality, the State whose nationality he last possessed is bound to admit him, at the request of the State in whose territory he is:

(i)if he is permanently indigent either as a result of an incurable disease or for any other reason; or

(ii)if he has been sentenced, in the State where he is, to not less than one month's imprisonment and has either served his sentence or obtained total or partial remission thereof.

In the first case the State whose nationality such person last possessed may refuse to receive him, if it undertakes to meet the cost of relief in the country where he is as from the thirtieth day from the date on which the request was made. In the second case the cost of sending him back shall be borne by the country making the request.

Article 2.

The High Contracting Parties agree to apply the principles and rules contained in the preceding article in their relations with each other, as from the date of the entry into force of the present Protocol.

The inclusion of the above-mentioned principles and rules in the said article shall in no way be deemed to prejudice the question whether they do or do not already form part of international law.

It is understood that, in so for as any point is not covered by any of the provisions of the preceding article, the existing principles and rules of international law shall remain in force.

Article 3.

Nothing in the present Protocol shall affect the provisions of any treaty, convention or agreement in force between any of the High Contracting Parties relating to nationality or matters connected therewith.

Article 4.

Any High Contracting Party may, when signing or ratifying the present Protocol or acceding thereto, append an express reservation excluding any one or more of the provisions of Articles 1 and 5.

The provisions thus excluded cannot be applied against the High Contracting Party who has made the reservation nor relied on by that Party against any other High Contracting Party.

Article 5.

If there should arise between the High Contracting Parties a dispute of any kind relating to the interpretation or application of the present Protocol and if such dispute cannot be satisfactorily settled by diplomacy, it shall be settled in accordance with any applicable agreements in force between the Parties providing for the settlement of international disputes.

In case there is no such agreement in force between the Parties, the dispute shall be referred to arbitration or judicial settlement, in accordance with the constitutional procedure of each of the Parties to the dispute. In the absence of agreement on the choice of another tribunal, the dispute shall be referred to the Permanent Court of International Justice, if all the Parties to the dispute are Parties to the Protocol of the 16th December, 1920, relating to the Statute of that Court, and if any of the Parties to the dispute is not a Party to the Protocol of the 16th December, 1920, the dispute shall be referred to an arbitral tribunal constituted in accordance with the Hague Convention of the 18th October, 1907, for the Pacific Settlement of International Conflicts.

Article 6.

The present Protocol shall remain open until the 31st December, 1930, for signature on behalf of any Member of the League of Nations or of any non-Member State invited to the First Codification Conference or to which the Council of the League of Nations has communicated a copy of the Protocol for this purpose.

Article 7.

The present Protocol is subject to ratification. Ratifications shall be deposited with the Secretariat of the League of Nations.

The Secretary-General shall give notice of the deposit of each ratification to the Members of the League of Nations and to the non-Member States mentioned in Article 6, indicating the date of its deposit.

Article 8.

As from January 1st, 1931, any Member of the League of Nations and any non-Member State mentioned in Article 6 on whose behalf the Protocol has not been signed before that date, may accede thereto.

Accession shall be effected by an instrument deposited with the Secretariat of the League of Nations. The Secretary-General of the League of Nations shall give notice of each accession to the Members of the League of Nations and to the non-Member States mentioned in Article 6, indicating the date of the deposit of the instrument.

Article 9.

A procès-verbal shall be drawn up by the Secretary-General of the League of Nations as soon as ratifications or accessions on behalf of ten Members of the League of Nations or non-Member States have been deposited.

A certified copy of this procès-verbal shall be sent by the Secretary-General to each Member of the League of Nations and to each non-Member State mentioned in Article 6.

Article 10.

The present Protocol shall enter into force on the 90th day after the date of the procès-verbal mentioned in Article 9 as regards all Members of the League of Nations or non-Member States on whose behalf ratifications or accessions have been deposited on the date of the procès-verbal.

As regards any Member of the League or non-Member State on whose behalf a ratification or accession is subsequently deposited, the Protocol shall enter into force on the 90th day after the date of the deposit of a ratification or accession on its behalf.

Article 11.

As from January 1st, 1936, any Member of the League of Nations or any non-Member State in regard to which the present Protocol is then in force, may address to the Secretary-General of the League of Nations a request for the revision of any or all of the provisions of this Protocol. If such a request, after being communicated to the other Members of the League and non-Member States in regard to which the Protocol is then in force, is supported within one year by at least nine of them, the Council of the League of Nations shall decide, after consultation with the members of the League of Nations and the non-Member States mentioned in Article 6, whether a conference should be specially convoked for that purpose or whether such revision should be considered at the next conference for the codification of international law.

The High Contracting parties agree that, if the present Protocol is revised, the new Agreement may provide that upon its entry into force some or all of the provisions of the present Protocol shall be abrogated in respect of all of the Parties to the present Protocol.

Article 12.

The present Protocol may be denounced.

Denunciation shall be effected by a notification in writing addressed to the Secretary-General of the League of Nations, who shall inform all Members of the League of Nations and the non-Member States mentioned in Article 6.

Each denunciation shall take effect one year after the receipt by the Secretary-General of the notification but only as regards the Member of the League or non-Member State on whose behalf it has been notified.

Article 13.

1.Any High Contracting Party may, at the time of signature, ratification or accession, declare that, in accepting the present Protocol, he does not assume any obligations in respect of all or any of his colonies, protectorates, overseas territories or territories under suzerainty or mandate, or in respect of certain parts of the population of the said territories; and the present Protocol shall not apply to any territories or to the parts of their population named in such declaration.

2.Any High Contracting Party may give notice to the Secretary-General of the League of Nations at any time subsequently that he desires that the Protocol shall apply to all or any of his territories or to the parts of their population which have been made the subject of a declaration under the preceding paragraph, and the Protocol shall apply to all the territories or the parts of their population named in such notice six months after its receipt by the Secretary-General of the League of Nations.

3.Any High Contracting Party may, at any time, declare that he desires that the present Protocol shall cease to apply to all or any of his colonies, protectorates, overseas territories or territories under suzerainty or mandate, or in respect of certain parts of the population of the said territories, and the Protocol shall cease to apply to the territories or to the parts of their population named in such declaration one year after its receipt by the Secretary-General of the League of Nations.

4.Any High Contracting Party may make the reservations provided for in Article 4 in respect of all or any of his colonies, protectorates, overseas territories or territories under suzerainty or mandate, or in respect of certain parts of the population of these territories, at the time of signature, ratification or accession to the Protocol or at the time of making a notification under the second paragraph of this article.

5.The Secretary-General of the League of Nations shall communicate to all the Members of the League of Nations and the non-Member States mentioned in Article 6 all declarations and notices received in virtue of this article.

Article 14.

The present Protocol shall be registered by the Secretary-General of the League of Nations as soon as it has entered into force.

Article 15.

The French and English texts of the present Protocol shall both be authoritative.

IN FAITH WHEREOF the Plenipotentiaries have signed the present Protocol.

DONE at The Hague on the twelfth day of April, one thousand nine hundred and thirty, in a single copy, which shall be deposited in the archives of the Secretariat of the League of Nations and of which certified true copies shall be transmitted by the Secretary-General to all the Members of the League of Nations and all the non-Member States invited to the First Conference for the Codification of International Law.

 

AUSTRIA

LEITMAIER

 

BELGIUM

Sous la réserve que l'application de ce Protocole ne s'étendra pas à la Colonie du Congo belge ni aux Territoires sous mandat.[1]

Fernand PELTZER

 

GREAT BRITAIN AND NORTHERN IRELAND and all parts of the British Empire which are not separate Members of the League of Nations.

Maurice GWYER
Oscar F. DOWSON

 

CANADA

Philippe Roy

 

UNION OF SOUTH AFRICA

Charles W. H. LANSDOWN

 

State Parties

Last updated: 30 June 1999

NOT YET IN FORCE (articles 9 and 10) [i].

Ratifications or definitive accessions

Belgium (April 4th, 1939)
With the reservation that the application of this Protocol will not be extended to the Colony of the Belgian Congo or to the Territories under mandate.

Brazil (September 19th, 1931 a)
Great Britain and Northern Ireland[ii] and all parts of the British Empire which are not separate Members of the League of Nations (January 14th, 1932)

Burma[iii]
His Majesty the King does not assume any obligation inrespect of the Karenni States, which are under His Majesty's suzerainty, or the population of the said States.

Australia (July 8th, 1935 a) (Including the territories of Papua and Norfolk Island and the mandated territories of New Guinea and Nauru.

Union of South Africa (April 9th, 1936)

India (September 28th, 1932)
In accordance with the provisions of Article 13 of this Protocol, His Britannic Majesty does not assume any obligation in respect of the territories in India of any Prince or Chief under His suzerainty or the population of the said territories.

China[iv](February 14th, 1935)

Salvador (October 14th, 1935)
The Republic of Salvador does not assume the obligation laid down by the Protocol where the Salvadorian nationality possessed by the person and ultimately lost by him was acquired by naturalisation.

 

Signatures not yet perfected by ratification

Austria

Canada

Colombia

Cuba

Egypt

Greece

Ireland

Luxembourg

Mexico

Peru

Portugal

Spain

Uruguay

 

Actions subsequent to the assumption of depositary functions by the Secretary-General of the United Nations

 

Participant

Succession

China[v]

 

Fiji

25 May 1973

Pakistan[vi]

29 Jul 1953

Zimbabwe

1 Dec 1998

 



[Translation by the Secretariat of the League of Nations:]

[1] Subject to the reservation that the application of the Protocol will not be extended to the Colony of the Belgian Congo nor to the Territories under mandate.



[i] The Protocol shall enter into force ninety days after having received ten ratifications or accessions (Articles 9 and 10).

[ii] On 10 June 1997, the Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General of the following:

[Same notification as the one made under note in chapter IV.1 (Convention on the Prevention and Punishment of the Crime of Genocide).]

[iii] As mentioned in the latest official list of the League of Nations, Burma, which was formerly a part of India, was separated from the latter on 1 April 1937 and had possessed since that time the status of an overseas territory of the United Kingdom. It was as such that Burma continued to be bound by a ratification or accession recorded on behalf of India before the date above mentioned.

[iv] See note concerning signatures, ratifications, accessions, etc., on behalf of China (note in chapter I.1 (UN Charter)).

On 12 September 1973, the Secretary-General received a communication from the Government of China to the effect that it had decided not to recognize as binding on China the Special Protocol concerning Statelessness of April 12th, 1930, signed and ratified by the defunct Government of China. That notification was treated as a withdrawal of the instrument.

[v] See note concerning signatures, ratifications, accessions, etc., on behalf of China (note in chapter I.1 (UN Charter)).

On 12 September 1973, the Secretary-General received a communication from the Government of China to the effect that it had decided not to recognize as binding on China the Special Protocol concerning Statelessness of April 12th, 1930, signed and ratified by the defunct Government of China. That notification was treated as a withdrawal of the instrument

[vi] In a communication received on 29 July 1953, the Government of Pakistan notified the Secretary-General that by reason of Article 4 of the Schedule to the Indian Independence (International Arrangements) Order, 1947, the rights and obligations under the Special Protocol devolve upon Pakistan, and that the Government of Pakistan, "therefore, considers itself a party to that Protocol".

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