As the African Court on Human and People’s
In addi.on to ensuring that depriva.on of
Rights held
na.onality doesn’t result in statelessness, is
not discriminatory or arbitrary, there are
InternaOonal Law does not allow, save
various other human rights considera.ons
under very excepOonal situaOons, the
which also inform whether a decision to
loss of naOonality. The said condiOons
deprive na.onality is lawful or not.
are: i) they must be founded on clear
legal basis; ii) must serve a legiOmate
I n a ny p ro c e e d i n g s co n c e r n i n g t h e
purpose that conforms with
depriva.on of na.onality, the right to equal
InternaOonal Law; iii) must be
access to a competent, independent and
proporOonate to the interest
impar.al judicial body established by law and
protected; iv) must install procedural
to equal treatment before the law must be
guaranOes which must be respected,
respected, protected and fulfilled.44
allowing the concerned to defend
himself before an independent body.42
F u r t h e r, t h e i m p a c t o f n a: o n a l i t y
depriva:on on the enjoyment of other
In addi.on to the four criteria set out in the
human rights must be assessed, to
Anudo case, interna.onal law also s.pulates
determine its propor:onality and
that na.onality depriva.on must be
lawfulness. These include:
necessary, and thereby, the least intrusive
•
The right to enter and remain in one’s
means of achieving the stated legi.mate
country, meaning that all persons
purpose.43
have the right to enter, remain in and
return to their own country and that
D) Other human rights considera:ons
42
Anudo v Tanzania (n. 28), para. 79.
43
The Principles, Principle 7.4.
44
The Principles, Principle 8 (The Rights to Fair Trial, Effec.ve Remedy and Repara.on), see also e.g. Art. 10 of the
UDHR, and Art. 14(1) of the ICCPR.
29 | Arbitrary Revoca.on of Na.onality in Bahrain - a Tool of Oppression
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