CITIZENSHIP AND STATELESSNESS IN THE HORN OF AFRICA \Y The presumption is that the nationality of a successor state will be attributed to persons on the basis of habitual residence concerned in that state. whenever those But in addition, states “shall give consideration to the will of persons persons are qualified to acquire the nationality of two or more concerned.” In particular, a state shall grant a right to opt for its nationality to persons who “appropriate connection” with that state — especially, but not only, if they would States have an otherwise be stateless.29° In 2011, a UN General Assembly resolution “Emphasized the value of the [ILC] articles in providing guidance to the States dealing with issues of nationality of natural persons in relation to the succession of States, in particular concerning the avoidance of statelessness’.*9' This would apply as much retrospectively, to the situation of those resident on the territory at the departure of the European powers, as to more recent state successions. Loss and deprivation of nationality Under international law, nationality cannot be lost (by operation of law) or deprived (by executive action) except in restricted circumstances, and in accordance with due process of law. The foundation of these rules is Article 15 of the Universal Declaration of Human Rights, which provides that everyone has the right to a nationality, and that no one may be arbitrarily deprived of nationality. Well established principles, as expressed in Article 9 of the 1961 Convention on the Reduction of Statelessness, forbid deprivation of nationality on racial, ethnic, religious, political or other discriminatory grounds and require that the individual affected should have the right to challenge such decisions through the regular courts. The Convention on the Reduction of Statelessness also establishes more detailed rules. Article 8 states as a first principle that “A Contracting State shall not deprive a person of his nationality if such deprivation would render him stateless.” The Convention does go on to provide some exceptions, deprivation of nationality may be permissible in case of misrepresentation including that or fraud, acts of disloyalty (which entail rendering services to or receiving emoluments from another State and conduct in a manner “seriously prejudicial to the vital interests of the State”) and oaths and declarations of allegiance to another State. Later human rights treaties and interpretations of these exceptions indicate that they should be restrictively interpreted, in particular by the application of rules of proportionality — the harm done by deprivation of citizenship balanced against the seriousness of the transgression alleged — and the 29 Ibid., Art. 11, commentary paragraph 10; Arts. 23 and 26. These principles also influenced the drafting of the 1997 European Convention on Nationality (Art.18) and the 2006 Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession. 291 UN General Assembly Resolution 66/92, “Nationality of natural persons in relation to the succession of States”, of 9 December 2011, “Decided that, upon the request of any State, it will revert to the question of nationality of natural persons in relation to the succession of States at an appropriate time, in the light of the development of State practice in those matters”. UNHCR — December 2021 65