2020
Statelessness & Citizenship Review
2(2)
the following sections, we will look at where the Committee stands regarding each
of these obligations in relation to the right to a nationality.
DEPRIVATION OF NATIONALITY
The most aggressive violation of the right to nationality is its deprivation; when a
person once had a particular citizenship that has since been unlawfully taken away.
Such violations can include both individual as well as collective denationalisation
of a particular group, often for purely discriminatory reasons. 39 In the worst cases,
this can be done by directly stripping nationality solely because of the race or
ethnicity a person belongs to and could be one step in a pattern of stigmatisation,
xenophobia and displacement. For example, the scenario we have seen unfold in,
among others, Myanmar. 40 The Committee has already clarified that deprivation
of citizenship on discriminatory grounds is a breach of ICERD. 41 It recognises that
ethnic differences are often exploited for political gain and that citizenship can and
has been used for political purposes and nationalism, leading to detrimental effects
upon those whose nationality has been deprived. 42
Looking at international human rights law more widely, the UDHR states that
‘no one shall be arbitrarily deprived of his nationality’, and the CRC obliges states
to ‘undertake to respect the right of the child to preserve his or her identify,
including nationality’. 43 ‘Arbitrary’, under international law, does not necessarily
equal ‘against the law’, but ‘constitutes broadly to include elements of
inappropriateness, injustice, lack of predictability and due process of law’. 44
Furthermore, the 1961 Convention stipulates that states ‘may not deprive any
person or group of persons of their nationality on racial, ethnic, religious or
political grounds’ or, more generally, ‘if such deprivation would render him
stateless’. 45
The 1961 Convention does allow for revocation of nationality in a number of
rare circumstances, such as ‘where the nationality has been obtained by
misrepresentation or fraud’ under its art 8(2)(b) or if the person’s behaviour has
been ‘inconsistent with his duty of loyalty to the [state]’ under art 8(3). 46 However,
the use of revocation of citizenship for reasons related to national security should
be seen as a narrow exception to the prohibition of deprivation of nationality and
is subject to high standards of international law, including non-discrimination and
a general prohibition of statelessness. Moreover, it has been recognised that
39
40
41
42
43
44
45
46
Institute of Statelessness and Inclusion (n 1) 25.
ibid 32–35.
GR 30, UN Doc CERD/C/64/Misc.11/Rev.3 (n 13) [14].
Committee on the Elimination of Racial Discrimination, General Recommendation 15:
Organized Violence Based on Ethnic Origin (Art 4), UN Doc A/48/18 (23 March 1993).
UDHR (n 7) art 15; CRC (n 7) art 8.
On the notion of ‘arbitrariness’, see, eg, United Nations Human Rights Council, Report of the
Working Group on Arbitrary Detention, UN Doc A/HRC/22/44 (24 December 2012) [61].
For arbitrary deprivation of citizenship specifically, see United Nations Human Rights
Council, Human Rights and Arbitrary Deprivation of Nationality: Report of the Secretary
General, UN A/HRC/25/28 (19 December 2013) [4].
1961 Convention (n 6) arts 8(1), 9.
ibid arts 3, 5, 7(4), 8(2b).
228