23. Importantly, the notion of ‘deprivation’ in this context includes both denial of and
withdrawal of nationality (frequently referred to as ‘denationalization’). As stated by the
UN Human Rights Council
it [deprivation] covers all other forms of loss of nationality, including those that arbitrarily
preclude a person from obtaining or retaining a nationality, particularly on
discriminatory grounds, as well as those that automatically deprive a person of a
nationality by operation of the law, and those acts taken by administrative authorities that
result in a person being arbitrarily deprived of a nationality. 41
24. The Human Rights Council and the UN Secretary General have identified a number of
principles that flow from this general prohibition. To comply with the obligation not to
deprive a person of citizenship arbitrarily, the law must
24.1. serve a legitimate purpose;
24.2. be proportionate to that purpose; and 42
24.3. be non-discriminatory. 43
VI ANALYSIS OF CAA IN LIGHT OF INTERNATIONAL LAW
25. As can be seen from above, the analysis of whether the CAA is discriminatory and whether
it arbitrarily deprives of nationality (in the sense of arbitrarily precluding a person from
obtaining nationality) follows a similar structure.
26. The CAA certainly introduces a distinction based on religion and country of origin; the
question is whether this amounts to unlawful discrimination.
and Peoples’ Rights, App No 012/2015, 22 March 2018) [76]; Case of Expelled Dominicans and Haitians v
Dominican Republic (Preliminary Objections, Merits, Reparations and Costs) (Inter-American Court of Human
Rights, Series C No 282, 28 August 2014) [253]–[255] (‘Case of Expelled Dominicans and Haitians’); see also
United States Diplomatic and Consular Staff in Tehran (United States v Iran) (Judgment) [1980] ICJ Rep 3, 42
[91]. Further a number of eminent academics support this principle, see James Crawford, ‘The Relations of
Nationality’ in Brownlie’s Principles of Public International Law (9th edn, Oxford University Press, 2019) 495,
508; Oxford Public International Law, Max Planck Encyclopedia of International Law (online at 25 September
2020) ‘Nationality’ [32] (‘Max Plank Encyclopedia of International Law’); Kay Hailbronner, ‘Nationality in
Public International Law and European Law’ in Rainer Bauböck, Eva Ersbøll, Kees Groenendijk and Harald
Waldrauch (eds), Acquisition and Loss of Nationality, vol 1: Comparative Analysis (Amsterdam University
Press, 2006) 35, 70; Hélène Lambert, ‘Comparative Perspectives on Arbitrary Deprivation of Nationality and
Refugee Status’ (2015) 64(1) International and Comparative Law Quarterly 1, 10; Tamás Molnár, ‘The
Prohibition of Arbitrary Deprivation of Nationality under International Law and EU Law: New Perspectives’
(2014) 2014 Hungarian Yearbook of International Law and European Law 67, 71; but cf. Spiro (n 20) 711.
41
Human Rights Council 2009 (n 40) [23] (emphasis added). See also UNHCR Guidelines No 5 (n 40) [9] citing
in fn 8 Case of Expelled Dominicans and Haitians (n 40) [238], [318], [469].
42
United Nations Economic and Social Council, Siracusa Principles on the Limitation and Derogation
Provisions in the International Covenant on Civil and Political Rights, UN Doc. E/CN.4/1985/4, Annex (28
September 1984) [10]; Human Rights Council 2013 (n 40) [4].
43
UNHCR, Guidelines No 5 (n 40).
9