revoked. As this chapter will set out,
revoca.on of na.onality contravenes
Bahrain’s prac.ce of na.onality revoca.on
interna.onal standards.
has no basis in interna.onal law, undermines
According to Ar.cle 15 of the 1948 Universal
fundamental principles and Bahrain’s core
Declara.on of Human Rights (UHDR),
interna.onal obliga.ons. These include
everyone has the right to a na.onality, and
Bahrain’s obliga.ons under the Interna.onal
no one shall be arbitrarily deprived of their
Covenant on Civil and Poli.cal Rights,17
na.onality nor denied the right to change
Conven.on on the Rights of the Child18 and
their na.onality. Furthermore, Ar.cle 29 of
Conven.on on the Elimina.on of all forms of
the Arab Charter on Human Rights adopted
Discrimina.on Against Women,19 as well as
by the League of Arab States, of which
relevant norms of customary interna.onal
Bahrain is a founding party, states in its first
law.
paragraph “Every person has the right to a
na.onality, and no ci.zen shall be deprived
Na.onality, in its essence, relates to the State
of his na.onality without a legally valid
and its ci.zens: according to the Notebohm
reason”, and, in its third paragraph, “No one
Judgement, “na.onality is a legal bond
shall be denied the right to acquire another
having as its basis a social fact of atachment,
na.onality in accordance with the applicable
a genuine connec.on of existence, interests
legal procedures of his country”.21 As
and sen.ments, together with the existence
interna.onal law – and, in par.cular,
of reciprocal rights and du.es.”20 The
interna.onal human rights law – has evolved,
in.mate nature of na.onality, however, does
a number of key principles have increasingly
not preclude interna.onal involvement if the
been recognised as limi.ng State discre.on
rules and prac.ce related to conferral or
in seUng the rules and criteria for ci.zenship.
17
Interna.onal Covenant on Civil and Poli.cal Rights, 16 December 1966, 999 UNTS 171 (hereinaNer ICCPR)
18
Conven.on on the Rights of the Child, 20 November 1989, 1577 UNTS 3 (hereinaNer CRC)
19
Conven.on on the Elimina.on of All Forms of Discrimina.on Against Women, 18 December 1979, 1249 UNTS 13
(hereinaNer CEDAW)
20
NoGebohm (Liechtenstein v. Guatemala), Judgment, 6 April 1955, ICJ Reports 1955, p. 23
21
2004 Arab Charter on Human Rights, available in English at: htps://www.eods.eu/library/
LAS_Arab%20Charter%20on%20Human%20Rights_2004_EN.pdf accessed 15 May 2021
24 | Arbitrary Revoca.on of Na.onality in Bahrain - a Tool of Oppression
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