the sense of clarifying that status, rather than deciding whether to confer
or withdraw it. Examples of such bodies are passport authorities or, in a
limited number of States, civil registration officials (where nationality is
indicated in acts of civil registration, in particular birth registration). It is
possible that, in a particular case, more than one competent authority will
emerge as a number of bodies may legitimately take positions regarding
an individual’s nationality in the course of their designated activities.
(v) Considerations where State practice contravenes
automatic modes of acquisition of nationality
37.
Where the competent authorities treat an individual as a non-national
even though he or she would appear to meet the criteria for automatic
acquisition of nationality under the operation of a country’s laws, it is
their position rather than the letter of the law that is determinative in
concluding that a State does not consider such an individual as a national.
This scenario frequently arises where discrimination against a particular
group is widespread in government departments or where, in practice,
the law governing automatic acquisition at birth is systematically ignored
and individuals are required instead to prove additional ties to a State.25
(vi) Assessing nationality in the absence of evidence
of the position of competent authorities
16
38.
There may be cases where an individual has never come into contact
with a State’s competent authorities, perhaps because acquisition was
automatic at birth and a person has lived in a region without public
services and has never applied for identity documents or a passport. In
such cases, it is important to assess the State’s general attitude in terms
of nationality status of persons who are similarly situated. If the State has
a good record in terms of recognising, in a non-discriminatory fashion, the
nationality status of all those who appear to come within the scope of the
relevant law, for example in the manner in which identity card applications
are handled, this may indicate that the person concerned is considered
as a national by the State. However, if the individual belongs to a group
whose members are routinely denied identification documents issued
only to nationals, this may indicate that he or she is not considered as a
national by the State.
25
Where a State’s laws provides for automatic acquisition of nationality, but in practice a State
places additional requirements on individuals to acquire nationality, this does not negate
the automatic nature of the nationality law. Rather, it indicates that the State in practice does
not consider those who do not satisfy the extra-legal requirements as nationals, potentially
rendering them stateless under the Article 1(1) definition.