caution in the application of Article 7(4) with respect to potential indirect discrimination
against minority groups.32
The second condition of Article 7(4) of the 1961 Convention is that the naturalized
person must have resided abroad for a period of “not less than seven consecutive
years.”33 As a matter of good practice, and in accordance with the object and purpose
of the 1961 Convention,34 the individual concerned should not lose nationality so as to
become stateless if they do not have permanent residence in the State abroad and
enjoy all the rights attached to permanent residence, including the right to seek
naturalization, as appropriate.
The third and fourth conditions of Article 7(4) of the 1961 Convention are that the
person must have “fail[ed] to declare to the appropriate authority his intention to retain
his nationality”;35 and that the Contracting State has specified in its domestic laws that
loss of nationality may occur on the grounds laid out in Article 7(4), even if it would
result in statelessness. Resolution III of the Final Act of the 1961 Convention
“[r]ecommends that Contracting States making retention of nationality by their
nationals abroad subject to a declaration or registration … take all possible steps to
ensure that such persons are informed in time of the formalities and time-limits to be
observed if they are to retain their nationality.”36 A Contracting State should also, as a
matter of good practice, seek the written acknowledgement of receipt of such
information from the individual concerned before it considers that individual to have
lost nationality under Article 7(4) of the 1961 Convention.
Particular attention must be paid to loss of nationality resulting in statelessness
being proportionate to the pursuit of the aim of Article 7(4) of the 1961 Convention.
The aim of Article 7(4) is to preserve a Contracting State’s ability to ensure that its
32
Case of Expelled Dominicans and Haitians v Dominican Republic, 28 August 2014, Inter-American Court of
Human Rights, Series C No. 282, para. 263: “The Court also reiterates ‘that international human rights law
prohibits not only policies and practices that are deliberately discriminatory, but also those whose impact
discriminates against certain categories of persons, even when it is not possible to prove the discriminatory
intention.’ In this regard: ‘A violation of the right to equality and non-discrimination occurs also in situations and
cases of indirect discrimination reflected in the disproportionate impact of laws, actions, policies or other
measures that, even though their wording is or appears to be neutral, or has a general and undifferentiated
scope, have negative effects on certain vulnerable groups.’ Thus, the Court has also stipulated: ‘States must
abstain from implementing measures that, in any way, are addressed, directly or indirectly, at creating situations
of discrimination de jure or de facto,’ and are obliged ‘to adopt positive measures to reverse or change
discriminatory situations that exist in their societies that prejudice a specific group of persons.’” See also UN
Committee on Economic, Social and Cultural Rights, General Comment No. 20: Non-Discrimination in Economic,
Social and Cultural Rights (art 2, para 2), 10 June 2009, E/C.12/GC/20, para. 10; UN Human Rights Council,
Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related
intolerance, 25 April 2018, A/HRC/38/52, paras. 24 and 27; Open Society Justice Initiative, Citizenship and
Equality in Practice: Guaranteeing Non-Discriminatory Access to Nationality, Protecting the Right to be Free from
Arbitrary Deprivation of Nationality and Combatting Statelessness (Submission to the OHCHR), November 2005,
https://www.justiceinitiative.org/uploads/0d3774dc-821e-4f09-849e-a21e984378a6/citizenship_20051101.pdf.
33 1961 Convention, Article 7(4).
34 See paragraph 1 above.
35 1961 Convention, Article 7(4).
36 Final Act of the 1961 Convention, Resolution III.
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