79. Id. at 44; UN General Assembly, Universal Declaration of Human Rights (UDHR), 10 December 1948, 217 A (III), Article 15. That provision states that “everyone has the right to a nationality” and (Article 15(2)) “no on shall be arbitrarily deprived of … nationality.” The UDHR is a non-binding declaration, but carries significant weight in interpreting the binding provisions of treaties and rules of international custom. 80. Article 24 of the CCPR, Article 5(d)(iii) of the CERD, Article 9 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), Articles 7 and 8 of the Convention on the Rights of the Child (CRC), Article 18 of the Convention on the Rights of Persons with Disabilities (CRPD), Article 20 of the American Convention on Human Rights, and Article 6 of the African Charter on the Rights and Welfare of the Child. See generally UN Human Rights Council, Human rights and arbitrary deprivation of nationality: report of the Secretary-General, 14 December 2009, A/HRC/13/34; United Nations High Commissioner for Refugees (UNHCR), Expert Meeting - Interpreting the 1961 Statelessness Convention and Avoiding Statelessness resulting from Loss and Deprivation of Nationality - Summary Conclusions, para. 59 (March 2014), http://www.refworld.org/ docid/533a754b4.html [hereinafter Tunis Conclusions]. 81. CCPR, G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force March 23, 1976. 82. The United States ratified the CCPR on June 8, 1992. 83. This right is also enumerated in Article 13 of the UDHR, Article 5(d)(iii) of the CERD, and Article 8 of the American Declaration on the Rights and Duties of Man, among others. 84. UN Human Rights Committee, CCPR General Comment No. 27: Article 12 (Freedom of Movement), U.N. Doc. CCPR/C/21/Rev.1/Add.9, 2 November 1993. 85. UN Human Rights Committee, CCPR General Comment No. 27: Article 12 (Freedom of Movement), U.N. Doc. CCPR/C/21/Rev.1/Add.9, November 2, 1993. The HRC also hears individual complaints under the ICCPR (states must ratify an optional protocol in order for the remedy to apply; the United States has not done so). In Stewart v. Canada, in relation to the protection granted by Article 12(4), the committee’s decision established that the principle of non-expulsion of nationals should be understood broadly, maintaining that “his own country” is a concept that applies to individuals who are nationals as well as to certain categories of individuals, who while not nationals in a formal sense, are also not “aliens.” UN Human Rights Committee, Stewart v Canada, Merits, Communication No 538/1993, November 1, 1996, para 12.3-12.5. 86. R.Y. Jennings & A. Watts, eds., Oppenheim’s International Law at 944-45 (9th ed. 2008). 166 87. A/Conf.9/C.1/SR.12, at 8 (delegate from Turkey); A/ Conf.9/C.1/SR.14, at 3 (delegate from Pakistan). For a more recent account, see Eric Fripp, ed., The Law and Practice of Expulsion and Exclusion from the United Kingdom: Deportation, Removal, Exclusion and Deprivation of Citizenship 385 (2015) (“The admission of a British citizen to the territory of another state on the basis of British nationality, where he or she is not a national of that state and so does not have a general right of entrance and residence to it, creates a relationship between the two states within which the UK has a duty not to impinge upon the sovereignty of the other state by frustrating its ability to expel an alien who entered its territory as a British citizen.”). 88. R.Y. Jennings & A. Watts, eds., Oppenheim’s International Law 880 (9th ed. 2008) (“In so far as deprivation of nationality results in statelessness, it must be regarded as retrogressive, and the fact that some states find no need (subject to certain exceptions) to provide for deprivation of nationality suggests that no vital national interest requires it.”). 89. UN Human Rights Committee, CCPR General Comment No. 17: Article 24 (Rights of the Child), 7 April 1989, https://www.refworld.org/docid/45139b464.html. 90. See, e.g., Bronwen Manby, Citizenship and Statelessness in Africa: The law and politics of belonging 43 (2016) (“[A] retrospective finding that a person was not a national and was issued nationality documents in error, or arbitrary application of rules relating to loss by operation of law, are equally subject to rules prohibiting arbitrary deprivation of nationality”). 91. See Report of the Secretary-General on Human Rights and arbitrary deprivation of nationality, U.N. Doc. A/ HRC/13/34, 14 December 2009, para. 23 (deprivation of nationality “covers all forms of loss of nationality, including those that arbitrarily preclude a person from obtaining or retaining a nationality, particularly on discriminatory grounds, as well as those that automatically deprive a person of a nationality by operation of law, and those acts taken by administrative authorities that result in a person being arbitrarily deprived of nationality.”). 92. UN Human Rights Council, Report of the Working Group on Arbitrary Detention, 24 December 2012, A/ HRC/22/24; see also Eric Fripp, ed., The Law and Practice of Expulsion and Exclusion from the United Kingdom: Deportation, Removal, Exclusion and Deprivation of Citizenship 384 (2015). 93. UN Human Rights Council, Human Rights and Arbitrary Deprivation of Nationality: Report of the Secretary-General, 19 December 2013, A/HRC/25/28. 94. Expulsion of aliens: Texts and titles of the draft articles adopted by the Drafting Committee on second reading, International Law Commission Sixty-sixth session, UN General Assembly, A/CN.4/L.797, May 24, 2012. UNMAKING AMERICANS

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