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instances of arbitrary deprivation of nationality are dealt with by other international treaties,
specifically those which proscribe the deprivation of nationality on discriminatory grounds2 or if
it results in statelessness.3
49. While deprivation of nationality does not comprise loss of nationality voluntarily requested
by the individual (renunciation), it comprises all other forms of loss of nationality, including
those which occur automatically by operation of law and those which result from acts taken by
administrative authorities. International law allows for deprivation of nationality in some
circumstances. However, in order not to be arbitrary, deprivation of nationality must be in
conformity with domestic law and in addition comply with specific procedural and substantive
standards, in particular the principle of proportionality. Measures leading to deprivation of
nationality must serve a legitimate purpose that is consistent with international law and in
particular the objectives of international human rights law. Such measures must be the least
intrusive instrument amongst those which might achieve the desired result and they must be
proportional to the interest to be protected. The notion of arbitrariness applies to all State action,
legislative, administrative and judicial. An interpretation of the ordinary meaning of the term
shows that “arbitrariness” is not to be equated merely with “against the law”, but must be
interpreted more broadly to include elements of inappropriateness, injustice and lack of
predictability.
50. The Human Rights Committee has further developed what “arbitrary” means with regard
to specific rights recognized under the International Covenant on Civil and Political Rights.4
51. The avoidance of statelessness is a general principle of international law. Deprivation of
nationality resulting in statelessness will generally be arbitrary unless it serves a legitimate
purpose and complies with the principle of proportionality. Thus, article 8 of the Convention on
the Reduction of Statelessness allows for a limited set of circumstances under which deprivation
of nationality resulting in statelessness is permissible, but as exceptions to a general principle
they must be narrowly construed. Deprivation of nationality leads to statelessness where the
person concerned does not possess or immediately acquire another nationality. Article 8 (1) of
the Convention therefore states the general rule. The General Assembly in its resolution 50/152
called upon States “to adopt nationality legislation with a view to reducing statelessness,
consistent with the fundamental principles of international law, in particular by preventing
arbitrary deprivation of nationality”. Similarly, conclusion No. 106 (LVII) of 2006 UNHCR’s
2
Art. 5 (d) (iii), Convention on the Elimination of All Forms of Racial Discrimination (CERD);
art. 9, para. 1, Convention on the Elimination of Discrimination Against Women (CEDAW).
3
Art. 8 of the 1961 Convention on the Reduction of Statelessness (CRS); art. 7 (3), European
Convention on Nationality.
4
Human Rights Committee, general comment No. 27, para. 21. Human Rights Committee,
general comment No. 16, para. 4.