na.onality the same way it applies to other
would lead to statelessness or not. It
human rights. The 2009 Secretary-General’s
establishes the principle of non-
report on arbitrary depriva.on of na.onality
discrimina.on as a stand-alone and absolute
clearly ar.culates that any depriva.on of
bar against na.onality depriva.on in any
na.onality on discriminatory grounds is
context. Consequently, “a State will need to
considered arbitrary for the purposes of
establish that a depriva.on decision is not
interna.onal law.38 Accordingly, a State must
being made on poli.cal or other
not deprive any person or group of persons
discriminatory grounds. Furthermore, the
of their na.onality as a result of direct or
depriva.on must not be based on conduct
indirect discrimina.on in law or in prac.ce
which is consistent with an individual´s
on any ground prohibited under interna.onal
freedom of expression, freedom of assembly
law, including race, colour, sex, language,
or other rights guaranteed under
religion, poli.cal or other opinion, na.onal or
interna.onal human rights law.”40
social origin, ethnicity, property, birth or
inheritance, disability, sexual orienta.on or
gender iden.ty, or other real or perceived
status, characteris.c or affilia.on.
C) The prohibi:on of arbitrary depriva:on of
Importantly, Ar.cle 9 of the 1961 Conven.on
na:onality41
on the Reduc.on of Statelessness39 prohibits
The prohibi.on of arbitrary depriva.on of
the depriva.on of na.onality on racial,
na.onality is set out in Ar.cle 15(2) of the
ethnic, religious or poli.cal grounds,
UDHR and reinforced in different
irrespec.ve of whether the depriva.on
interna.onal and regional legal instruments.
38
UN Human Rights Council, ‘Human rights and arbitrary depriva.on of na.onality: Report of the SecretaryGeneral’, A/HRC/13/34 (2009) <htp://www.refworld.org/docid/4b83a9cb2.html>
39
Conven.on on the Reduc.on of Statelessness, 30 August 1961, 989 UNTS 175 (hereinaNer the 1961 Conven.on).
40
UN High Commissioner for Refugees (UNHCR), ’Expert Mee.ng - Interpre.ng the 1961 Statelessness Conven.on
and Avoiding Statelessness resul.ng from Loss and Depriva.on of Na.onality‘ (“Tunis Conclusions”) (March 2014)
<htps://www.refworld.org/docid/533a754b4.html>
41
The Principles, Principle 7 (The Prohibi.on of Arbitrary Depriva.on of Na.onality).
28 | Arbitrary Revoca.on of Na.onality in Bahrain - a Tool of Oppression
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