A/HRC/19/43 nationality is not explicitly listed among the prohibited grounds for discrimination, it is included within the reference to the “other status” included in article 2 of the International Covenant on Civil and Political Rights. 3 Therefore, if States distinguish between citizens and non-citizens in the protection of civil and political rights, such law or practice may be subject to scrutiny and could be found to violate the principle of non-discrimination.4 II. Impact of arbitrary deprivation of nationality on the enjoyment of human rights A. Political rights 5. Article 25 of the International Covenant on Civil and Political rights provides for the right of every citizen to take part in the conduct of public affairs, the right to vote and to be elected and the right to have access to public service. 5 Persons who have been arbitrarily deprived of their nationality may, as a result, be precluded from the enjoyment of these rights. 6. Current State practice reflects the continuing importance of nationality to the exercise of political rights. The predominant view is that the exercise of political rights is an entitlement of citizens only. 6 The independent expert on minority issues has stated that deprivation of citizenship generally results in the inability to participate politically (A/HRC/7/23, para. 45). Yet, recent developments show an increasing separation between the exercise of political rights and nationality. In a number of States, non-citizens who meet various conditions are now entitled to cast a vote or stand for office in certain elections, primarily in the context of local-level systems of government, rather than national level politics. 7. This development has been viewed favourably by United Nations treaty bodies, in particular the Committee on the Elimination of Racial Discrimination and the Human Rights Committee.7 There is further support for this more flexible approach to political participation in the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (art. 42, para. 3). The Human Rights Committee has expressed concern about how the perpetuation of a situation of exclusion from nationality continues to result in a concomitant lack of effective enjoyment of political 3 4 5 6 7 4 Human Rights Committee, communication No. 196/1985, Gueye et al. v. France, Views adopted on 3 April 1989, para. 9.4. See also Human Rights Committee, communications No. 586/1994, Adam v. Czech Republic, Views adopted on 23 July 1996; No. 857/1999, Blazek et al. v. Czech Republic, Views adopted on 12 July 2001; No. 1463/2006, Gratzinger v. Czech Republic, Views adopted on 25 October 2007; and No. 1533/2006, Ondracka v. Czech Republic, Views adopted on 31 October 2007. See also the Universal Declaration of Human Rights, art. 21; the American Convention on Human Rights, art. 23; the African Charter on Human and Peoples’ Rights, art. 13; and the Human Rights Committee, general comments No. 15, para. 2, and No. 25 (1996) on the right to participate in public affairs, voting rights and the right of equal access to public service, para. 3. See, for example, the report of the Working Group on the Universal Periodic Review: Estonia (A/HCR/17/17), para. 38. Committee on the Elimination of Racial Discrimination, concluding observations: Sweden (CERD/C/304/Add.37), para. 10; Estonia (CERD/C/304/Add.98), para. 7; Lithuania (CERD/C/60/CO/8), para. 8; Liechtenstein (CERD/C/60/CO/7), para. 8. Human Rights Committee, concluding observations: Portugal (CCPR/C/79/Add.77), paras. 14 and 18; Switzerland, Official Records of the General Assembly, Fifty-seventh Session, Supplement No. 40, vol. I (A/57/40 (vol. I)), para. 76 (4); general comment No. 25, para. 3.