nationality,22 the prohibition of arbitrary deprivation of nationality,23 the prohibition of discrimination24and the obligation not to render a person stateless.25 Further, the impact of nationality deprivation must be taken into consideration when assessing the legality of citizenship deprivation.
This includes, among others, the right to private and family life, legal personhood, and the rights
of the child.26 Any measure to deprive nationality must also comply with due process safeguards
and the right to a fair trial.27
22. In light of the above information, the Committee is urged to ask Oman in its List of
Issues and also in its review:
a. What steps is Oman taking to address the prohibition of arbitrary deprivation of nationality?
b. Can Oman clarify the legal provisions and practices in place to protect children from
derivative loss of nationality and provide information on the protection of human rights of
children whose parents have been subject to deprivation of nationality?
Recommendations
23. The co-submitting organisations urge the Committee to address deprivation of the child’s right to
a nationality without discrimination on the basis of their parent’s sex and the rights of stateless
children in Oman, and to consider making the following recommendations to the State party:
I. Amend the Nationality Law to uphold gender equality including the ability of Omani
women to transmit their nationality to their foreign spouses and their children on an equal
basis with men;
II. Protect every child’s right to acquire and preserve a nationality, without discrimination in relation the child or the child’s parents or guardians and ensure comprehensive
safeguards against statelessness.
III. Ensure that the Omani government cannot arbitrarily revoke the citizenship rights
of persons who exercise their fundamental rights (e.g. right to protest and political participation).
IV. Withdraw reservations to the CEDAW, particularly the reservation to Paragraph 2
of Article 9 relating to the equal rights of women with respect to passing their nationality
to their children;
V. Withdraw reservations to the CRC and its Optional Protocols;
VI. Accede to the 1954 Convention relating to the Status of Stateless Persons, the 1961
Convention on the Reduction of Statelessness and the International Covenant on Civil
and Political Rights.
22
Human Rights Council Resolution 7/10, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/7/10 (27 March
2008); Human Rights Council Resolution 10/13, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/10/13 (26
March 2009); Human Rights Council Resolution 13/2, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/13/2 (24
April 2010); Human Rights Council Resolution 20/4, The right to a nationality: women and children, UN Doc A/HRC/RES/20/4 (16 July
2012); Human Rights Council Resolution 20/5, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/20/5 (16 July
2012); Human Rights Council Resolution 26/14, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/26/14 (11 July
2014); Human Rights Council Resolution 32/5, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/32/5 (15 July
2016).
23
Principles on Deprivation of Nationality as a National Security Measure, March 2020. Available at: https://files.institutesi.org/PRINCIPLES.pdf., Principle 7. See also, the Draft Commentary to the Principles, https://files.institutesi.org/PRINCIPLES_Draft_Commentary.pdf.
24
Ibid., Principle 6.
25
Ibid., Principle 5.
26
Ibid., Principle 9., See in particular Principles 9.7 and 9.8 noting that: “States must protect the rights of the child and the best interests of
the child must be a primary consideration in all proceedings affecting the nationality of children, their parents and other family members;”
and that “the derivative deprivation of nationality is prohibited” under international law.
27
Ibid., Principle 8.
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