SAHNI ARTICLE 3.3.21 (WORD) (DO NOT DELETE)
5/6/2021 7:21 PM
Loss of Nationality Rights
Spring 2021
115
the Convention relating to the Status of Refugee Persons.28 Both clauses
identify the types of stateless persons or refugees that their respective
Conventions do not heed. As legal treaties that focus on human rights, it is
surprising—if not counter-productive—that the Conventions omit the highest
evidentiary standards of proof to justify excluding these individuals. The
Conventions operate on grounds of assumptions, allegations, 29 and “serious
reasons for considering”30 that an individual is guilty of these transgressions.
The individual has committed a crime against peace or humanity, has
committed a serious non-political crime before entering the current country
of residence, or, has been guilty of acts contrary to U.N. purposes and
principles.31
The 1961 Statelessness Convention expands on Article 15(2) of the
UDHR. It identifies the means by which a person loses his nationality and is
rendered stateless.32 The loss might be deliberate or self-inflicted such as
when the individual is in the process of renouncing his citizenship to acquire
that of another state.33 Alternatively, the loss might be beyond a person’s
control. That can occur when a State refuses to confer nationality rights at all
or removes previously existing rights arbitrarily or without due process.34 For
example, a person might be born stateless, or a person might become stateless
when his nationality is revoked.
This Article discusses situations where nationality rights are denied—or
when access to those rights is denied. It will analyse whether these situations
comprise illegalities or legal loopholes and how national and international
law address or redress the issues. The main question to consider is if and how
States exercise due process for the complainants, stateless or otherwise.
II. DISCUSSION
A.
The Right to Nationality and the Right to Citizenship
There is no statutory or common law legal definition of ‘nationality’ or
‘citizenship’ in international law. Nor are there legal definitions of the rights
28.
Id. art. I, ¶ 2(iii)(a)-(c); See also G.A. Res. 429 (V), United Nations Convention
relating to the Status of Refugees, at art. I(F)(a)-(c) (July 28, 1951) [hereinafter 1951 Refugee
Convention].
29.
NEHEMIAH ROBINSON, CONVENTION RELATING TO THE STATUS OF STATELESS
PERSONS, ITS HISTORY AND INTERPRETATION (1955), reprinted in DIVISION OF
INTERNATIONAL PROTECTION OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES
13-14 (1997).
30.
1954 Statelessness Convention, supra note 7, at art. I, ¶ 2(iii); see also 1951 Refugee
Convention, supra note 28, at art. I, ¶ (F).
31.
1954 Statelessness Convention, supra note 7, at art. I, ¶ 2(iii)(a)-(c); see also 1951
Refugee Convention, supra note 28, at art. I, ¶ F(a)-(c).
32.
1961 Statelessness Convention, supra note 22, at art. V-VI, VIII-IX, X.
33.
Id. at art. 7.
34.
Id. at art. 1-6, 8-10.