8(4).81 While the text of Article 8(4) does not specify the timing of the fair hearing and thus leaves room for interpretation on this point, as a matter of good practice, the hearing should take place before the deprivation of nationality occurs and the individual should retain the nationality in question until all relevant legal proceedings have concluded. Where alleged criminal conduct is the basis for the deprivation of nationality, such deprivation should occur following a two-step process, beginning with a final finding of guilt by a criminal court. A fair hearing by a court or other independent body on deprivation of nationality would follow. If the law of a Contracting State provides that deprivation of nationality may precede a fair hearing on the permissibility of such deprivation, it must also provide persons concerned with information concerning their right to a hearing at which they may challenge the merits of a decision to deprive them of nationality and such hearings should be afforded without delay. The effects of deprivation of nationality should be suspended while legal proceedings are ongoing, such that a person continues to enjoy nationality – and related rights – until such time as the legal proceedings have concluded. In order for hearings to be fair, persons concerned should be given sufficient information concerning the basis for the Contracting State’s position to be able to challenge it. Persons should also receive decisions concerning deprivation of nationality issued in writing, including the reasons for the deprivation. In the absence of sufficient information to be able to meaningfully contest the facts and arguments adduced by the State in front of a court or other independent body, a person cannot be said to enjoy the rights provided for under Article 8(4). This is the case whether the fair hearing takes place before the deprivation of nationality or promptly following it. Decisions of a court or other independent body on loss or deprivation of nationality should be binding on the Executive Branch of a Contracting State. No deprivation on racial, ethnic, religious or political grounds82 Article 9 of the 1961 Convention provides that Contracting States “may not deprive any person or group of persons of their nationality on racial, ethnic, religious or political grounds.” Article 9 applies irrespective of whether or not statelessness would result from the deprivation. Under Article 9, a Contracting State may not deprive a group of persons (e.g., a minority ethnic or religious group) of nationality with an administrative, legal or other act. Individual assessments in accordance with Article 8 of the 1961 Convention 81 UN Conference on the Elimination or Reduction of Future Statelessness, Summary Records, 20th meeting of the Committee of the Whole, 24 April 1961, A/CONF.9/SR.20, p. 3: According to the travaux preparatoires, “[t]here had been no dissent from the view expressed … that anyone deprived of his nationality should have an opportunity to submit his case to an independent and impartial body, although details of procedure would naturally vary from State to State.” 82 The provisions listed in Parts III (a) and (b) of these Guidelines, which codify the right to a nationality, are relevant to the application of Article 9 of the 1961 Convention as many of them refer to non-discrimination as a key aspect of the prohibition of arbitrary deprivation of nationality. UNHCR > GUIDELINES ON STATELESSNESS NO.5 23