Statelessness Working Paper Series No. 2017/7 complemented by provisions in the CERD, CEDAW and CRPD which give a longer list of discriminatory grounds under which deprivation of nationality is prohibited. Whereas the 1961 Convention looks at deprivation of nationality from a perspective to prevent and reduce statelessness,38 the human rights realm looks at deprivation of nationality from a perspective that having and retaining a nationality is a fundamental right, and that deprivation of nationality cannot be discriminatory. In the realisation of the different objectives, tension may arise in the approach to deprivation of nationality. The example of the Netherlands will illustrate the issue and tensions between the two aforementioned principles of international law. The Netherlands is party to all the above mentioned international treaties and conventions.39 National legislation regulates deprivation of nationality for dual nationals. People of Moroccan descent often have dual citizenship, and is the largest ethnic group in the Netherlands that could be subject to deprivation of nationality.40 If a measure indirectly targets an ethnic group, does this fall under the prohibition of ethnic or racial discrimination? Also, it is worth noting that Article 9 of the 1961 Convention “was designed to give effect to Article 15 of the UDHR and is complemented by provisions in, among others, CERD, CEDAW and CRPD.” 41 These other human rights treaties explicitly prohibit discrimination on the basis of status, unlike the 1961 Convention. In general, deprivation of nationality is prohibited if it leads to statelessness under Article 8(1) of the 1961 Convention. However, there seems to be tension in international law between the above described widely recognised principle of non-discrimination and the prohibition against statelessness when reading Articles 7 and 8 of the 1961 Convention, as some provisions only apply to certain groups of citizens to prevent statelessness. In the following provisions, withdrawal of nationality only applies to naturalised citizens, contributing to unequal terms of possessing citizenship, compared to birthright citizens: - - If a naturalised person resides abroad for a period longer than seven consecutive years, and if the person fails to declare to the appropriate authority his intention to retain his nationality (7(4) and 8(2)(a)) When a nationality has been obtained by misinterpretation or fraud (Article 8(2)(b)). Next to differentiating between naturalised and birth right citizens, Article 8(3) specifies deprivation of nationality for national security related reasons, even if it leads to statelessness.42 A person’s nationality can be revoked if he or she: - Disregards an express prohibition of the State and rendered, renders or continues to render services to another State, or received or continues to receive emoluments from another State ((8(3)(a)(i) 1961 Convention) 38 UN High Commissioner for Refugees, Guidelines on Statelessness No. 4: Ensuring Every Child's Right to Acquire a Nationality through Articles 1-4 of the 1961 Convention on the Reduction of Statelessness, 21 December 2012, HCR/GS/12/04. 39 Government of the Netherlands, Human Rights in the Netherlands, 29 November 2017, https://www.government.nl/topics/human-rights/human-rights-in-the-netherlands; United Nations Treaty collections, Convention on the Reduction of Statelessness, New York, 29 November 2017, https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=V-4&chapter=5&lang=en. 40 As seen in statistics set out in section 3 of this reflection. 41 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 2014, p. 15. 42 if a state party already that provision on deprivation of nationality in its national law prior to ratifying, acceding to or signing the 1961 Convention and if it specified their retention of their right to deprive people of their nationality at the time. 11