on Belonging and Legal Identity,96 the Declaration of the International Conference on
the Great Lakes Region on the Eradication of Statelessness97 and the N’Djamena
Initiative on the Eradication of Statelessness in Central Africa.98 The UN General
Assembly has also “welcome[d] the global campaign to end statelessness within a
decade” launched by the UN High Commissioner for Refugees in 2014 and
“encourage[d] all States to consider actions they may take to further the prevention
and reduction of statelessness”.99
B. The prohibition of arbitrary deprivation of nationality
As reflected in the 2009 Report of the Secretary General on human rights and
arbitrary deprivation of nationality, the minimum content of the prohibition of arbitrary
deprivation of nationality is that withdrawal of nationality conforms to what is
prescribed by law; be the least intrusive means of achieving a legitimate purpose; and
follow a due process. Each of these elements will be discussed in paragraphs 92-108
below.100 Examples of arbitrary deprivation of nationality include the automatic
withdrawal of nationality for an entire ethnic group through a judicial, legal or
administrative action; the withdrawal of a person’s nationality without a fair trial before
a court or independent body; and the denial of acquisition of nationality on
discriminatory grounds.
Withdrawal of nationality must take place in accordance with the law
The prohibition of arbitrary deprivation of nationality requires that any withdrawal
of nationality by a State must have a clear basis in law. This element of the prohibition
of arbitrary deprivation of nationality is reflected in Article 8 of the 1961 Convention.101
The legislation in question must sanction the State’s ability to withdraw nationality and
be sufficiently precise so as to enable citizens to reasonably foresee the
consequences of actions which trigger a withdrawal of nationality. As a matter of good
practice, domestic legislation on withdrawal of nationality should, at a minimum, have
safeguards equivalent to those found in the 1961 Convention.102
States may apply legislation pertaining to withdrawal of nationality that is in force
at the time that the individual commits the act or omission giving rise to the withdrawal
96
Arab Declaration on Belonging and Legal Identity, 28 February
2018, https://www.refworld.org/docid/5a9ffbd04.html.
97 Declaration of International Conference on the Great Lakes Region (ICGLR) Member States on the Eradication
of Statelessness, 16 October 2017, CIRGL/CIMR/DEC/15/10/2017,
https://www.refworld.org/docid/59e9cb8c4.html.
98 N'Djamena Initiative on the Eradication of Statelessness in Central Africa, 12 December
2018, https://www.refworld.org/docid/5c2f3f8b4.html.
99 UNGA Res. 70/135, 23 February 2016, para. 12.
100 See e.g., Human Rights Council, Human rights and arbitrary deprivation of nationality: Report of the
Secretary-General, 14 December 2009, A/HRC/13/34, 14 December 2009, para. 25.
101 See paragraph 72 above.
102 See Part II above for a detailed outline of the standards in the 1961 Convention.
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