set out in Article 8(4) of the 1961 Convention. These principles – derived from the prohibition of arbitrary deprivation of nationality – must be observed in all cases whether or not loss or deprivation could result in statelessness. 26. Accordingly, loss and deprivation of nationality may only take place in accordance with law and accompanied by full procedural guarantees, including the right to a fair hearing by a court or other independent body. It is essential that the decisions of the body concerned be binding on the executive power. The person affected by deprivation of nationality has the right to have the decision issued in writing, including the reasons for the deprivation. Deprivation decisions are only to enter into effect at the moment all judicial remedies have been exhausted. 27. Given the serious criminal nature of many of the acts which give rise to deprivation of nationality, participants underlined that where criminal conduct is alleged, it is strongly advisable that deprivation of nationality only occur following a two-step process, logically beginning with a finding of guilt by a criminal court. A decision by the competent authority (preferably a court) on deprivation of nationality would follow. The right to an effective remedy for wrongful acts of loss or deprivation of nationality 28. If loss or deprivation of nationality took place in violation of international law, including the rules of the 1961 Convention, the State has an obligation to restore, to the extent possible, the situation existing before the violation occurred. The principal remedy for loss or deprivation of nationality contrary to the 1961 Convention and international human rights law is restoration of nationality. In order to be effective and to address all persons affected, restoration of nationality generally must be automatic and preferably with retroactivity to the moment of deprivation. Requiring the persons concerned to reacquire nationality through regular naturalization procedures would not fulfil these requirements. Participants highlighted a range of relevant State practices, including in relation to violations of the right to a nationality which occurred many years prior or to previous generations. Where reacquisition of nationality requires an application, factors such as lack of information on procedures, costs, administrative requirements and corruption may exclude many of the individuals concerned. Remedies must ensure also the enjoyment of rights acquired while the person was a national. 29. In some circumstances, arbitrary deprivation of nationality may be linked to past persecution against a specific population. In such cases, following a change in circumstances in the country concerned, it may be appropriate to provide for a simple, non-discretionary application procedure so that those individuals can reacquire nationality. Loss of Nationality: Analysis of Articles 5-7 of the 1961 Convention Basic rule: Article 7(6) – No loss of nationality if this causes statelessness 30. The main principle of Articles 5-7 of the 1961 Convention is codified in Article 7(6): “Except in the circumstances mentioned in this Article, a person shall not lose the nationality of a Contracting State, if such loss would render him stateless, 7

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