•
States should introduce legal safeguards to ensure that deprivation
of nationality does not have a derivative effect on family members or
dependents.
•
Competent authorities must conduct a thorough assessment of an
individual’s particular circumstances, including a full determination
of their resultant nationality status or potential statelessness, prior to
depriving individuals of their nationality and in line with international
law and UNHCR guidance. This determination must be informed by close
consultation with and written confirmation from the State or States with
which the person has a relevant link.
3
Guarantee effective procedural safeguards for all
decisions on deprivation of nationality
•
States should ensure that deprivation of nationality is only carried out
when it is prescribed by law, necessary, the least intrusive means to
achieve a legitimate aim, and proportionate to such aim.
•
States should guarantee adequate procedural safeguards in all decisions
on deprivation of nationality, including the right to a hearing, the right to a
fair trial and appeal rights, before the deprivation decision takes effect.
•
States should guarantee access to the country in order to exercise the right
to a fair trial and the right of appeal if individuals are outside the country
when deprived of their nationality.
•
Where alleged criminal conduct is the ground for deprivation of nationality,
States must only initiate the procedure to deprive a person of nationality
after a final finding of guilt by a criminal court.
4
Avoid using deprivation of nationality for the purposes
of safeguarding national security
•
To safeguard national security, States should rather employ criminal law
and existing counter-terrorism measures, which are likely to be more
effective in keeping countries safe from future acts of terrorism and apply
equally to all nationals.
•
If deprivation of nationality on grounds of security is deployed, States
should ensure that these powers are interpreted and applied narrowly,
after lawful convictions that meet international fair trial standards, and
without rendering individuals stateless.