RAMADAN v. MALTA JUDGMENT – SEPARATE OPINION
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circumstances, nor does it address the subject of retroactively granting
citizenship to all currently stateless persons.
Stateless persons may take the citizenship of the place of their birth or of
the place where they were found in the case of a foundling, or they may take
the citizenship of one of their parents24. States shall not deprive people of
their citizenship so as to render them stateless, with the exceptions of cases
where citizenship has been acquired by misrepresentation or fraud, or of
“disloyalty” to the State.
5. The Executive Committee of the UNHCR, concerned with the
precarious conditions faced by stateless persons and the persistence of
statelessness in various regions of the world, has consistently urged States to
ratify the 1954 and 1961 Conventions in its numerous conclusions25. It has
also dedicated two conclusions exclusively to statelessness, namely
Conclusion No. 78 on Prevention and Reduction of Stateless Persons, from
1995, and Conclusion No. 106 on Identification, Prevention and Reduction
of Statelessness and Protection of Stateless Persons, from 2006. The
Executive Committee’s Conclusion No. 106 covers the UNHCR’s four
dimensions of the Statelessness regime, namely the identification,
prevention and reduction of statelessness and the protection of stateless
persons. Under the heading of protection of stateless persons, the Executive
Committee requests States to “give consideration to acceding to the
1954 Convention relating to the Status of Stateless Persons and, in regard to
States Parties, to consider lifting reservations” and to those States which are
not yet parties to the 1954 Convention to “treat stateless persons lawfully
residing on their territory in accordance with international human rights law;
and to consider, as appropriate, facilitating the naturalization of habitually
and lawfully residing stateless persons in accordance with national
legislation”. It further asks States “not to detain stateless persons on the sole
basis of their being stateless and to treat them in accordance with
international human rights law” and also calls on States Parties to the
1954 Convention to fully implement its provisions.
6. While it is a clear tenet of international law that each State has the
sovereign responsibility to determine under national law who are its
citizens, that role is subject to international principles. In its Draft Articles
on Nationality of Natural Persons in relation to the Succession of States, the
International Law Commission (ILC) indicated that “the competence of
States in this field may be exercised only within the limits set by
international law”26. Citizenship can be acquired automatically by operation
of law, at birth or at a later stage, or as a result of an act of the
24. UN Human Rights Council, “Impact of the arbitrary deprivation of nationality”, cited
above, paras. 10 to 15.
25. See a compilation of relevant extracts in UNHCR Executive Committee Conclusions
related to Statelessness, July 2010.
26. Yearbook of the International Law Commission, 1999, vol. II (2), p. 24.