57. Discrimination on the basis of political or other opinion is also prohibited under international law
(1961 Convention, ICCPR Article 2 and 26, for example). Any such discrimination which leads to
deprivation of nationality is also prohibited.99
58. The International Law Commission has established that states do not have an absolute right to
decide who their nationals are 100 and the Human Rights Council has stated in that context that
“deprivation of nationality, especially on discriminatory grounds … constitutes a violation of
human rights and fundamental freedoms and explicitly includes “political or other opinion in the
non-exhaustive list of discriminatory grounds.101 The UNHCR Guidelines No. state that “in no
circumstances should deprivation of nationality be used as a means to delegitimize political points
of view that are different from those of the government in power, or to delegitimate [sic] groups
holding certain political views. 102
59. As further set out in the Tunis Conclusions, in relation to Article 9 of the 1961 Convention:
“The line between deprivation on political grounds and deprivation due to conduct
inconsistent with the duty of loyalty to the State will not always be clear. However, a
consequence of Article 9 is that a State will need to establish that a deprivation decision is not
being made on political or other discriminatory grounds. Furthermore, the deprivation must
not be based on conduct which is consistent with an individual´s freedom of expression,
freedom of assembly or other rights guaranteed under international human rights law.”103
60. Even in the absence of explicit treaty norms, “the prohibition of arbitrary deprivation of
nationality, which aims at protecting the right to retain a nationality, is implicit in provisions of
human rights treaties that proscribe specific forms of discrimination .104 International
jurisprudence confirms this. For instance, in Open Society Justice Initiative v. Côte d’Ivoire, the
African Commission on Human and Peoples’ Rights found a violation of Articles and of the
African Charter, which provide for non-discrimination and protect equality before the law.105 This
rule is also recognised in Girls Yean and Bosico v. Dominican Republic where the IACtHR underlined
the prohibition of discrimination regarding access to a nationality;106 similarly in Ivcher-Bronstein
v. Peru, where the court recognised “the right to nationality without making a distinction about
the way in which it was acquired, either by birth, naturalization or some other means established
in the law of the respective State .107 Further, discriminatory deprivation of nationality may even
amount to persecution in the sense of the 1951 Convention relating to the Status of Refugees.108
61. Some States differentiate in their law and practice between deprivation of nationality from socalled “mono nationals persons with only one citizenship) and individuals with dual or multiple
99
See UNHRC Guidelines No 5 (2020), para 78.
Official Records of the General Assembly, Sixty-first Session, Supplement No 10 (A/61/10), chap IV, commentary on article 4, para 6.
101 HRC, ‘Human rights and arbitrary deprivation of nationality: Report of the Secretary-General’,
, A HRC
Para .
102 (2020), para 78.
103
UNHCR, ’Tunis Conclusions‘
, paras. -71.
104
UN Human Rights Council, A/HRC/13/34 (2009), para. 26.
105 ACmHPR, Open Society Justice Initiative v. Côte d’Ivoire (2015), paras. 151 and 156.
106 IACtHR, Girls Yean and Bosico v. Dominican Republic (2005).
107 IACtHR, Ivcher-Bronstein v. Peru (2014), para. 90.
108
See for an in depth discussion, E. Fripp, ‘Nationality and statelessness in the international law of refugee status’
, Hart Publishing; M.
Foster and H. Lambert, International Refugee Law and the Protection of Stateless Persons.
100
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