40. In order to meet their obligation to ensure that a person shall not lose or be deprived of nationality if this would render them stateless, States are required to examine whether the person possesses another nationality at the time of loss or deprivation, not whether they could acquire a nationality at some future date.58 This assessment should not be made on the basis of one State’s interpretation of another State’s nationality law but rather should be informed by consultations with and written confirmation from the State in question.59 In accordance with the general rule that “the responsibility for substantiating a claim lies with the party which advances that claim … the burden lies primarily with authorities of a State that is seeking to apply rules for loss or deprivation of nationality to show that the person affected has another nationality .60 The State should demonstrate conclusively that this is indeed the case, for example, by providing an attestation from the other state of nationality that the person concerned is regarded as a national (see further also Principle 2.3). Principle 6: The prohibition of discriminatory deprivation of nationality PRINCIPLE LEGAL STANDARD 6.1. A State must not deprive any person or group of persons of their nationality as a result of direct or indirect discrimination in law or practice, on any ground prohibited under international law, including race, colour, sex, language, religion, political or other opinion, national or social origin, ethnicity, property, birth or inheritance, disability, sexual orientation or gender identity, or other real or perceived status, characteristic or affiliation. ICCPR, Art 26: “All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 6.2. Each State is bound by the principle of non-discrimination between its nationals, regardless of whether they acquired nationality at birth or subsequently, and whether they have one or multiple nationalities. 1961 Convention, Art. 9: “A Contracting State may not deprive any person or group of persons of their nationality on racial, ethnic, religious or political grounds. CERD, Art. 5(d)(iii): “In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [...] (d) Other civil rights, in particular: ... iii The right to nationality ... . 58 UNHCR, ’Tunis Conclusions‘ , para. 5, p. 3. Ibid, p. 6; see also UNHCR Guidelines No. 5 (2020), para 81. 60 Ibid, p. 7. 59 34