and the UNHCR Guidelines on Statelessness No 5: Loss and Deprivation of Nationality provide important clarification, 21 respectively from a wider international law perspective and more specifically in relation to the 1961 Convention. 40. Accordingly, state discretion in this area is subject to the individual right to nationality,22 the prohibition of arbitrary deprivation of nationality, 23 the prohibition of discrimination 24 and the obligation to avoid statelessness. 25 In this regard, the UN Special Rapporteur on racism has stated that: “States' obligations to ensure equality and non-discrimination with regards to the enjoyment of nationality apply with regard to all citizenship deprivation decisions, not only in cases where deprivation of citizenship might result in statelessness.”26 41. The impact of nationality deprivation on the enjoyment of other human rights, humanitarian and refugee law obligations and standards must be taken into consideration when assessing the legality of citizenship deprivation. These include the right to enter and remain in one’s own country, the prohibition of refoulement, the prohibition of torture and cruel, inhuman or degrading treatment or punishment, the liberty and security of the person, the right to private and family life, legal personhood and the rights of the child.27 Any measures to deprive a person of nationality must also comply with due process safeguards and the right to a fair trial.28 Children’s right to nationality 42. Tanzania’s nationality laws give equal rights to men and women to transmit nationality to their children, and the state is one of the African states that provides, on the face of it, jus soli acquisition of nationality. However, official practice runs contrary to the provision of the nationality law. Authorities regularly apply a combination of jus soli and jus sanguinis citizenship acquisition for children born in the territory, requiring at least all situations in which States take or consider taking steps to deprive a person of nationality as a national security measure. More information is available here: https://www.institutesi.org/year-of-actionresources/principles-on-deprivation-ofnationality. 21 UN High Commissioner for Refugees (UNHCR), Guidelines on Statelessness No. 5: Loss and Deprivation of Nationality under Articles 5-9 of the 1961 Convention on the Reduction of Statelessness, May 2020, HCR/GS/20/05, available at: https://www.refworld.org/docid/5ec5640c4.html. The Guidelines provide authoritative guidance on the interpretation of Articles 5 – 9 of the1961 Convention on the Reduction of Statelessness. They draw on the Summary Conclusions of the Expert Meeting on Interpreting the 1961 Statelessness Convention and Avoiding Statelessness Resulting from Loss and Deprivation held in Tunis, Tunisia on 31 October-1. 22 Human Rights Council Resolution 7/10, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/7/10 (27 March 2008); Human Rights Council Resolution 10/13, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/10/13 (26 March 2009); Human Rights Council Resolution 13/2, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/13/2 (24 April 2010); Human Rights Council Resolution 20/4, The right to a nationality: women and children, UN Doc A/HRC/RES/20/4 (16 July 2012); Human Rights Council Resolution 20/5, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/20/5 (16 July 2012); Human Rights Council Resolution 26/14, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/26/14 (11 July 2014); Human Rights Council Resolution 32/5, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/32/5 (15 July 2016). 23 Principles on Deprivation of Nationality as a National Security Measure, March 2020. Available at: https://files.institutesi.org/PRINCIPLES.pdf, Principle 7. See also, the Draft Commentary to the Principles, available at: https://files.institutesi.org/PRINCIPLES_Draft_Commentary.pdf. 24 Ibid., Principle 6. 25 Ibid., Principle 5. 26 UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, ‘ Amicus Brief before the Dutch Immigration and Naturalisation Service’ (23 October 2018). 27 Principles on Deprivation of Nationality as a National Security Measure, March 2020. Available at: https://files.institutesi.org/PRINCIPLES.pdf, Principle 9. 28 Ibid Principle 8. 9