A/HRC/25/28
interests and sentiments”.16 Thus nationality is deemed to reflect a genuine connection, but
it also formalizes the bond of allegiance.17 Where such a genuine connection or tie of
allegiance is absent, diminished or broken, this can result in the termination of nationality.
The number and range of grounds for such termination vary significantly from one State to
another.
Voluntary acquisition of another nationality
8.
Article 15 of the Universal Declaration of Human Rights protects not only the right
to a nationality, but also the right to change nationality. Circumstances such as long-term
residence outside the country of nationality, or marriage to a foreign national, may lead to a
desire to change nationality and create the opportunity to do so, often through voluntary
naturalization. With a view to avoid dual nationality, nationality laws may provide for the
automatic loss or the possibility of deprivation of nationality in response to the voluntary
acquisition of another nationality.18 This does not, in principle, raise concerns under
international law.19 Such a practice should not lead to statelessness, if adequate safeguards
are in place in the nationality law and due diligence is exercised on the part of the State
withdrawing nationality to ascertain that the individual concerned has indeed acquired a
new nationality. Nor does it impose on the person concerned an unforeseeable change to
their legal status,20 given that it is a response to that individual’s voluntary acquisition of a
new nationality.
9.
States are increasingly accepting the legitimacy of dual nationality, such that
nationality laws are becoming more tolerant of their nationals voluntarily acquiring a new
nationality.21 Nevertheless, this ground for loss or deprivation of nationality remains
commonplace. Where States have formulated this ground for loss or deprivation as a
response to any acquisition of another nationality by one of their nationals, this may raise
issues of legal certainty and continuity of rights. In some cases, the person concerned may
have been conferred a new nationality without his or her consent or even knowledge,22 and
may become an alien in his or her country of original nationality, with significant impact on
the continued enjoyment of his or her civil and political, as well as economic, social and
cultural rights.
Fraud
10.
Where nationality has been acquired on the basis of fraudulent or falsified
information, or misrepresentation of fact, States may provide for its loss or deprivation as a
punishment for misconduct in the acquisition process or an administrative response to the
mistaken attribution of nationality following the discovery that the conditions had never, in
fact, been met. International law accepts this as a legitimate ground for loss or deprivation
of nationality, recognizing that States may even, exceptionally, exercise this power where
16
17
18
19
20
21
22
6
International Court of Justice, Nottebohm Case (Liechtenstein v. Guatemala), 6 April 1955.
Inter-American Court of Human Rights, Advisory Opinion on Proposed Amendments to the
Naturalization Provision of the Constitution of Costa Rica, OC-4/84, 19 January 1984.
Submissions from Kazakhstan, Mexico and Qatar.
See, for instance, European Convention on Nationality, art. 7, para. 1(a); also international
jurisprudence in footnote 13 above.
Consider, for example, the contribution from UNHCR noting that “arbitrariness” includes elements of
“inappropriateness, injustice and lack of predictability” (A/HRC/10/34, para. 49).
A/CN.4/594.
For instance, following State succession or where marriage or adoption leads to automatic conferral
of nationality.