4.
DEPRIVATION OF NATIONALITY RESULTING IN STATELESSNESS
International framework
According to international norms and good practice, States should avoid depriving
a person of their nationality if this would result in statelessness.14 This obligation
has been acknowledged as customary international law.15 Both the ECN and the
1961 Convention provide for limited exceptions to this general rule. Under both
conventions, deprivation of nationality may result in statelessness where nationality
has been acquired through fraud.16 The 1961 Convention also allows deprivation to
result in statelessness on the grounds of disloyalty (Article 8(3)(a)), such as actions
contrary to the vital interests of the State, and allegiance to another State (Article 8(3)
(b)). However, these exceptions to the 1961 Convention are only valid if the State made
a declaration at the time of signature, ratification or accession to retain the possibility
to deprive individuals of their nationality on these exceptional grounds, provided such
grounds already existed in the State’s domestic legal framework at the time. States
must also interpret these exceptions narrowly.17
Good practice
Of the 27 countries featured in the Statelessness Index, eight demonstrate good
practice in this area, with legal frameworks prohibiting deprivation of nationality if
this would result in statelessness.18 Three of these countries, North Macedonia,
Poland, and the Czech Republic do not have measures to deprive individuals of
their nationality at all. Nationality may only be lost through voluntary renunciation. In
Portugal, Serbia, and Slovenia, although deprivation of nationality can be triggered in
cases of alleged fraud in the naturalisation process, it can never render the individual
stateless.
Safeguards against statelessness in all grounds for
deprivation of nationality in Portugal
Portuguese nationality can be lost in two ways: through renunciation
or fraudulent acquisition. In both cases there are safeguards against
statelessness. For example, Article 12-A of the Nationality Act establishes
that acquisition or withdrawal of nationality is null and void if it was based
on (i) false documents; (ii) documents certifying false or non-existent facts;
or (iii) false statements. However, nullification is not applicable if it results in
statelessness (Article 12-A(2)).’
Barriers to ensuring deprivation of nationality does not lead to
statelessness
‘Covert’ deprivation
In some cases, a positive assessment of the legal framework can obscure problematic
State practices. In Croatia, although the legal framework is in line with international
norms, there are reports of individuals having been rendered stateless in practice
by being erased ex officio from the Croatian Citizenship Registry Books. In Serbia,