includes where a State precludes a
person or group from obtaining or
retaining a nationality, where
nationality is automatically lost by
operation of the law, and where acts
taken by administrative authorities
result in a person being deprived of a
nationality.
individual, it 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.
2.2.2. Deprivation of nationality also
covers situations where there is no
formal act by a State but where the
practice of its competent authorities
clearly shows that they have ceased to
consider a person as a national,
including where authorities persistently
refuse to issue or renew documents, or
in cases of confiscation of identity
documents and/or expulsion from the
territory coupled with a statement by
authorities that a person is not
considered a national.
UNHCR Guidelines on Statelessness No. 5 (2020), para. 9:14 “The
prohibition of arbitrary deprivation of nationality also covers
situations where there is no formal act by a State but where the
practice of its competent authorities shows that they have ceased to
consider a particular individual (or group) as a national (or
nationals
10. The terminology with regard to deprivation of nationality varies and includes: loss, withdrawal,
denial, and stripping of nationality, as well as imputed renunciation of nationality. For the purpose
of these Principles, however, any loss, withdrawal or denial of nationality that does not occur at
the explicit initiative of the individual in accordance with formal renunciation procedures is
considered to be deprivation of nationality.
11. Deprivation of nationality includes situations in which there is no formal act of the State but in
which the practice of the authorities responsible for nationality indicates that they have ceased
to consider a particular individual (or group) as a national. This interpretation of deprivation of
nationality is rooted in the Tunis Conclusions’ interpretation of the
Convention on the
15
Reduction of Statelessness (1961 Convention). This interpretation has been fully adopted in
later instruments, such as the UNHCR Guidelines on Statelessness No. 5 (UNHCR Guidelines No
5).16 It includes, for example, situations in which individuals who were previously documented as
14
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 the 1961 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- November
“Tunis Conclusions and the Expert Meeting on
Developments related to Deprivation of Nationality held in Geneva, Switzerland on 5-6 December 2019.
15 UN High Commissioner for Refugees UNHCR , ’Expert Meeting - Interpreting the 1961 Statelessness Convention and Avoiding Statelessness
resulting from Loss and Deprivation of Nationality‘ Tunis Conclusions March
, available at:
https://www.refworld.org/docid/533a754b4.htmlhttps://www.refworld.org/docid/533a754b4.html.
16
UNHCR, Guidelines on Statelessness No. 5: Loss and Deprivation of Nationality under Articles 5-9 of the 1961 Convention on the Reduction of
Statelessness, “UNHCR Guidelines No.
May
available at: https://www.refworld.org/docid/5ec5640c4.html, para 9.
23
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