A/HRC/25/28 identification of situations in which a person would be rendered stateless through loss or deprivation of nationality. In 2012, the Office of the United Nations High Commissioner for Refugees (UNHCR) issued guidelines on definition of a stateless person10 which may help to inform efforts by States to avoid statelessness resulting from loss or deprivation of nationality.11 In October 2013, UNHCR initiated a process to further clarify specific questions surrounding the avoidance of statelessness in the context of loss and deprivation of nationality. For instance, international experts agreed that the burden of proof lies with the State to establish that an individual will not be rendered stateless and that loss or deprivation can therefore proceed.12 When issued, this guidance will enable States to undertake a closer review of their nationality policies to ensure implementation of international standards for the avoidance of statelessness. 6. Where safeguards to prevent loss or deprivation of nationality leading to statelessness are present, individuals with dual or multiple nationalities are more vulnerable to loss or deprivation than those with a single nationality. This may be perceived as a form of inequality between nationals. However, such inequality must be assessed in light of the severe impact of statelessness in terms of enjoyment of human rights and the fact that the avoidance of statelessness is a fundamental principle of international law, whereas there is no evident international norm regarding a right to dual nationality.13 Another trend that can be observed in domestic laws is the differentiation between nationals by birth and nationals by naturalization. A nationality acquired by naturalization is often less secure than one acquired by birth or otherwise.14 For example, fraud, absence or ordinary crime are often only recognized as grounds for the loss or deprivation of nationality conferred by naturalization. This form of inequality between nationals may raise concerns under international law.15 However, the increased vulnerability of naturalized nationals to loss or deprivation of nationality is mitigated in many countries by the establishment of temporal limitations for the subjection of a nationality acquired by naturalization to loss or deprivation. B. Grounds for loss or deprivation of nationality 7. Nationality has been defined by the International Court of Justice as a legal bond which has as its basis “a social fact of attachment, a genuine connection of existence, 10 11 12 13 14 15 UNHCR, Guidelines on Statelessness No. 1: The definition of “Stateless Person” in Article 1(1) of the 1954 Convention relating to the Status of Stateless Persons, 20 February 2012, HCR/GS/12/01. For an illustration of how these UNHCR guidelines can help States to ensure that statelessness is avoided, see United Kingdom Supreme Court, Case No. [2013] UKSC 62, Secretary of State for the Home Department (Appellant) v. Al-Jedda (Respondent), 9 October 2013. UNHCR Expert Meeting on Interpreting Articles 5-9 of the 1961 Statelessness Convention and Preventing Statelessness resulting from Loss and Deprivation of Nationality, Tunis, 31 October– 1 November 2013, including unpublished background paper prepared by R. de Groot. This position is supported by jurisprudence, for instance, of the Supreme Courts in the Netherlands and the United Kingdom. Permanent Court of Arbitration, Eritrea-Ethiopia Claims Commission, Partial Award, Civilians Claims, Eritrea’s Claims 15, 16, 23 and 27-32, between the State of Eritrea and the Federal Democratic Republic of Ethiopia, 17 December 2004. See also A/HRC/10/34. European Convention on Nationality, art. 5, para. 2. See also a notable change in the formulation of the prohibition of arbitrary deprivation of nationality in the Arab Charter on Human Rights, between 1994 (art. 24) and 2004 (art. 29): the 1994 version protects citizens from arbitrary denial of their original nationality, while the 2004 version prohibits any arbitrary deprivation of nationality. 5