of the exclusion clauses of Article 22.346 Those persons who had acquired Lithuanian citizenship by way
of exception would not be able to have their citizenship returned after renouncing it.347 Those who do not
meet the circumstances outlined in the law for the reinstatement of Lithuanian citizenship would have to
go through the process of naturalization.
The conditions imposed by Lithuanian law on naturalized citizens who have been rendered stateless in the
course of renunciation proceedings are impermissible under Article 7 of the 1954 Convention. Article 7(1)
(a) unambiguously provides: “If the law of a Contracting State permits renunciation of nationality, such
renunciation shall not result in loss of nationality unless the person concerned possesses or acquires another
nationality.” Article 7(2) further provides: “A national of a Contracting State who seeks naturalization in a
foreign country shall not lose his nationality unless he acquires or has been accorded assurance of acquiring
the nationality of that foreign country.”
4.3.4 Avoidance of statelessness in the context of
loss and deprivation of nationality
Article 7(6) prohibits automatic loss of nationality if it would render the person stateless, with certain
enumerated exceptions.
Article 8 governs deprivation of nationality. Article 8(1) provides, “A Contracting State shall not deprive a
person of its nationality if such deprivation would render him stateless.” Articles 8(2) through 8(4) contain
certain enumerated exceptions, as well as important procedural safeguards.
Article 9 provides in its entirety: “A Contracting State may not deprive any person or group of persons of
their nationality on racial, ethnic, religious or political grounds.”
The 1961 Convention uses the term “loss of nationality” for loss by operation of law (ex lege) and the term
“deprivation” where the loss is initiated by the authorities of the State.348
Under operation of Lithuanian law, citizenship is lost if a person acquires the citizenship of another State,
except for very exceptional situations in which national legislation allows for dual citizenship.349 This occurs
when a person has acquired the citizenship both of Lithuania and of another State; when a person is adopted
by Lithuanian citizens and thus acquired the citizenship of Lithuania; or a Lithuanian citizen was adopted
by citizens of another State and thus acquired that State’s citizenship.350 In some cases in which multiple
citizenship is allowed, the person is obliged under Lithuanian law to renounce the citizenship of the other
State or States upon reaching 21 years of age. If the person does not do so, he or she will be deprived of the
citizenship of Lithuania.351 Citizenship can also be lost on the grounds established by international treaties
to which the Republic of Lithuania is a party.352
The principles governing the Lithuanian Law on Citizenship provide for several safeguards against
statelessness resulting from loss of nationality. A Lithuanian citizen does not lose his or her citizenship
78
346
Ibid, Article 21(2).
347
Ibid, Article 21(1).
348
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, para. 9, available at:
http://www.refworld.org/docid/533a754b4.html.
349
Article 24(2) of the Law on Citizenship.
350
Article 7(1, 6, 7) of the Law on Citizenship.
351
Ibid Article 24(8).
352
Ibid Article 24(3).
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