A/HRC/10/34
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Executive Committee “encourages States to consider examining their nationality laws … to
prevent the occurrence of statelessness which results from arbitrary denial or deprivation of
nationality”.5
52. The exceptions allowed for in the Convention on the Reduction of Statelessness are set out
exhaustively in its article 8, paragraphs 2 and 3. Paragraph 2 (a) provides that naturalized persons
may be rendered stateless by loss of nationality if they have resided abroad for at least
seven years and failed to declare their intention to retain their nationality. States may also
deprive persons born abroad of their nationality if, one year after attaining majority, they do not
reside in the State or register with the appropriate authority. Paragraph 2 (b) provides that
deprivation of nationality resulting in statelessness is also permissible if the nationality has been
obtained by misrepresentation or fraud. Certain additional exceptions are provided for in
paragraph 3, but they may only be applied if the State expressly indicates its intention to retain
them in its national law at the time of signature, ratification or accession.
53. Article 7 (3) of the 1997 European Convention on Nationality allows for deprivation of
nationality resulting in statelessness only in cases of misrepresentation and fraud. Emphasizing
the importance of narrowly construing an exception of this nature and also of the principle of
proportionality, the Council of Ministers of the Council of Europe has issued a recommendation
that “a State should not necessarily deprive of its nationality persons who have acquired its
nationality by fraudulent conduct, false information or concealment of any relevant fact. To this
effect, the gravity of the facts, as well as other relevant circumstances, such as the genuine and
effective link of these persons with the State concerned, should be taken into account”.6
54. Under article 9 of the Convention “a Contracting State may not deprive any person or
group of persons of their nationality on racial, ethnic, religious or political grounds”. Deprivation
of nationality on discriminatory grounds is arbitrary.
55. The prohibition of arbitrary deprivation of nationality is implicit in provisions of human
rights treaties which proscribe specific forms of discrimination. Article 5 (d) (iii) and 1 (3) of the
Convention on the Elimination of All Forms of Racial Discrimination prohibit racial
discrimination in respect of the right to a nationality. The Committee on the Elimination of
Racial Discrimination has indicated that States shall “recognize that deprivation of citizenship on
the basis of race, colour, descent, or national or ethnic origin is a breach of States parties’
obligations to ensure non-discriminatory enjoyment of the right to nationality”.7 Under article 9
of the Convention on the Elimination of All Forms of Discrimination against Women and
the 1957 Convention on the Nationality of Married Women, women have the right to retain their
nationality regardless of the celebration or dissolution of a marriage or the change of nationality
5
Para. (i); see also conclusions Nos. 65 (r), 78 (b) and 102 (y).
6
Council of Europe, Committee of Ministers, recommendation R (1999) 18 of the
Committee of Ministers to Member States on the Avoidance and Reduction of
Statelessness, 15 September 1999, (1999) 18, at 1.4/II/C/c.
7
CERD, general recommendation XXX, para. 14.