nationality”.90 Human Rights Council Resolutions 2005/45 of 2005, 7/10 of 2008, 10/13
of 2009, 13/2 of 2010, 20/5 of 2012, 26/14 of 2014 and 32/5 of 2016 also reaffirm that
the right to nationality is a fundamental human right. The UN Secretary General has
accordingly observed that “States must enact laws governing the acquisition,
renunciation and loss of nationality in a manner that is consistent with their
international obligations, including in the field of human rights.”91 The International Law
Commission has emphasised that “[t]he obligation of the States involved in [State]
succession to take all appropriate measures in order to prevent the occurrence of
statelessness is a corollary of the right of the persons concerned to a nationality” and
the “growing awareness among States of the compelling need to fight the plight of
statelessness”.92
The strong international consensus on the right to a nationality is further evidenced
by regional treaties and instruments containing references to it. These include the
African Charter on the Rights and Welfare of the Child (Article 6), the American
Convention on Human Rights (Article 20), the American Declaration of the Rights and
Duties of Man (Article 19), the Commonwealth of Independent States Convention on
Human Rights and Fundamental Freedoms (Article 24), the Covenant on the Rights
of the Child in Islam (Article 7), the Arab Charter on Human Rights (Article 29) and the
ASEAN Human Rights Declaration (Article 18). The European Convention on
Nationality does not use the language of “rights” but does set out rules for States
Parties to follow concerning acquisition of nationality that are intended to prevent
statelessness (Article 6).93
In addition, there are a number of regional declarations that highlight the
importance of the right to a nationality and ending statelessness, including the Brazil
Declaration and Plan of Action: A Framework for Cooperation and Regional Solidarity
to Strengthen the International Protection of Refugees, Displaced and Stateless
Persons in Latin America and the Caribbean,94 the Abidjan Declaration of Ministers of
ECOWAS Member States on the Eradication of Statelessness,95 the Arab Declaration
90
UNGA Res. 50/152, 9 February 1996, para. 16.
See e.g., Advisory Opinion No. 4, Nationality Decrees Issued in Tunis and Morocco [1923] PCIJ Series B, No.
4, p. 24. See also Human Rights Council, Impact of the arbitrary deprivation of nationality on the enjoyment of the
rights of children concerned, and existing laws and practices on accessibility for children to acquire nationality,
inter alia, of the country in which they are born, if they would otherwise be stateless: Report of the Secretary
General, 16 December 2015, A/HRC/31/29, para. 3.
92 International Law Commission, Draft Articles on Nationality of Natural Persons in relation to the Succession of
States with commentaries, Yearbook of the International Law Commission, 1999, Vol. II (Part Two),
https://www.refworld.org/docid/4512b6dd4.html, p. 27.
93 European Convention on Nationality, 1997 ETS 166, Article 4: “The rules on nationality shall be based on the
following principles: (a) everyone has the right to a nationality; (b) statelessness shall be avoided; (c) no one shall
be arbitrarily deprived of his or her nationality; (d) neither marriage nor the dissolution of a marriage between a
national of a State Party and an alien, nor the change of nationality by one of the spouses during marriage, shall
automatically affect the nationality of the other spouse.”
94 Brazil Declaration and Plan of Action, 3 December 2014, https://www.refworld.org/docid/5487065b4.html.
95 Abidjan Declaration of Ministers of ECOWAS Member States on Eradication of Statelessness, 25 February
2015, https://www.refworld.org/docid/54f588df4.html.
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