A/HRC/10/34
page 3
Introduction
1.
In its resolution 7/10 of 27 March 2008, on human rights and arbitrary deprivation of
nationality, the Human Rights Council requested the Secretary-General “to collect information
on this question from all relevant sources and to make it available to the Council at its tenth
session”. The present report contains a summary of the replies received.
2.
In response to a note verbale dated 26 May 2008, information was received from the
Governments of Algeria, Angola, Azerbaijan, Belarus, Bosnia and Herzegovina, Bulgaria,
Burkina Faso, Colombia, Congo, Costa Rica, Ecuador, Finland, Georgia, Greece, Guatemala,
Iraq, the Islamic Republic of Iran, Jamaica, Kuwait, Mauritius, Monaco, Montenegro, Qatar,
Russian Federation, Spain, the Syrian Arab Republic, Ukraine and Venezuela (Bolivarian
Republic of). In response to letters sent to various intergovernmental and non-governmental
organizations on 13 June, 24 September and 6 October 2008, the Office of the United Nations
High Commissioner for Refugees (UNHCR) and Refugees International provided further
information.
I. REPLIES RECEIVED FROM GOVERNMENTS
Algeria
3.
The Government of Algeria stated that Algerian legislation contains most of the relevant
provisions of international treaties concerning the right to a nationality. Article 30 of the
Constitution of Algeria regulates issues related to Algerian citizenship. The Algerian Law on
Nationality does not contain specific provisions on stateless persons, but it provides sufficient
guarantees to combat statelessness according to international law and international human rights
law. The Government indicated that Algerian citizenship is obtained at birth if the mother is an
Algerian citizen. Children born in Algeria from unknown parents are also considered as Algerian
citizens.
4.
Article 18 of the Law on Nationality provides that dual nationality is not recognized by
Algerian legislation. Algerian citizens who acquire a foreign nationality lose their Algerian
citizenship. According to articles 20 and 21 of the Law on Nationality, children are not affected
by the loss of Algerian citizenship of their parents. The Government reported that article 19 of
the Law on Nationality, which established that persons lost their Algerian citizenship if they
worked for a foreign country or for an international organization to which Algeria is not a
member, was abrogated.
5.
The Law on Nationality establishes the conditions for the loss of Algerian citizenship,
including situations of persons who are accused of a crime affecting public order and persons
who are accused in Algeria or abroad of a crime against Algerian interests and is imprisoned for
more than five years. Naturalized Algerian citizens may be deprived of their Algerian citizenship
if it was obtained through illegal means or fraud. Persons who have been deprived of their
Algerian citizenship have the right to judicial remedy within 18 months of the decision to
deprive them of their citizenship.