Deprivation and denial of citizenship
The UDHR stipulates that no one shall be arbitrarily deprived of nationality. The
1961 Convention and the ECN strictly limit the possibilities for States to initiate the
loss of citizenship. Any such loss of nationality must be accompanied by full procedural
guarantees and should not result in statelessness.
Denationalization occurs when a State deprives an individual or group of citizenship,
usually because the State is engaging in discriminatory practices. Many of the world’s
stateless people have been arbitrarily deprived of their nationality.
To avoid these problems:
•
The basic principle of international law is that no one should be deprived of
nationality if such deprivation results in statelessness.
•
The 1961 Convention makes the following exceptions to this principle:
–– nationality obtained by misrepresentation or fraud;
–– loss of nationality following residence abroad (see above);
–– acts inconsistent with a duty of loyalty, either in violation of an express
prohibition to render service to another State, or by personal conduct seriously
prejudicial to the vital interests of the State (only if these are specified in law at
the time the Convention was signed); or
–– oath or formal declaration of allegiance to another State or repudiation of allegiance
to the State (only if specified in law at the time the 1961 Convention was signed).
In 1980, the Faili Kurds, a mostly Shia minority living certain provinces of Iraq, were
stripped of their Iraqi citizenship by a decree issued by Saddam Hussein. Their
properties were seized and many were deported to Iran, where they lived in camps as
refugees. The 2005 Iraq Constitution and the 2006 Iraq Nationality Law repealed the
earlier decree which had denationalized the Faili Kurds, stating that all persons whose
Iraqi nationality had been removed by the former government could have it reinstated.
Since then, almost 100,000 individuals have reacquired their Iraqi nationality.
A State Party to the 1961 Convention can only deprive an individual of its nationality on
the previous grounds if stated specifically at the time of signature, ratification or accession
and if in accordance with law and accompanied by full procedural guarantees, such as the
right to a fair hearing. A Contracting State may not deprive any person or group of persons
of their nationality on racial, ethnic, religious or political grounds.
•
The ECN limits even further the capacity of States to deprive persons of their
citizenship if it results in statelessness. According to the ECN, deprivation
of citizenship is only justified in cases of acquisition of nationality by fraud or
misrepresentation. However, if deprivation of citizenship does not result in
statelessness, the State can deprive a national of its citizenship because of:
–– voluntary acquisition of another nationality;
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