set out in Article 8(4) of the 1961 Convention. These principles – derived from the
prohibition of arbitrary deprivation of nationality – must be observed in all cases whether
or not loss or deprivation could result in statelessness.
26. Accordingly, loss and deprivation of nationality may only take place in accordance with
law and accompanied by full procedural guarantees, including the right to a fair hearing
by a court or other independent body. It is essential that the decisions of the body
concerned be binding on the executive power. The person affected by deprivation of
nationality has the right to have the decision issued in writing, including the reasons for
the deprivation. Deprivation decisions are only to enter into effect at the moment all
judicial remedies have been exhausted.
27. Given the serious criminal nature of many of the acts which give rise to deprivation of
nationality, participants underlined that where criminal conduct is alleged, it is strongly
advisable that deprivation of nationality only occur following a two-step process,
logically beginning with a finding of guilt by a criminal court. A decision by the
competent authority (preferably a court) on deprivation of nationality would follow.
The right to an effective remedy for wrongful acts of loss or deprivation of nationality
28. If loss or deprivation of nationality took place in violation of international law, including
the rules of the 1961 Convention, the State has an obligation to restore, to the extent
possible, the situation existing before the violation occurred. The principal remedy for
loss or deprivation of nationality contrary to the 1961 Convention and international
human rights law is restoration of nationality. In order to be effective and to address all
persons affected, restoration of nationality generally must be automatic and preferably
with retroactivity to the moment of deprivation. Requiring the persons concerned to reacquire nationality through regular naturalization procedures would not fulfil these
requirements. Participants highlighted a range of relevant State practices, including in
relation to violations of the right to a nationality which occurred many years prior or to
previous generations. Where reacquisition of nationality requires an application, factors
such as lack of information on procedures, costs, administrative requirements and
corruption may exclude many of the individuals concerned. Remedies must ensure also
the enjoyment of rights acquired while the person was a national.
29. In some circumstances, arbitrary deprivation of nationality may be linked to past
persecution against a specific population. In such cases, following a change in
circumstances in the country concerned, it may be appropriate to provide for a simple,
non-discretionary application procedure so that those individuals can reacquire
nationality.
Loss of Nationality: Analysis of Articles 5-7 of the 1961 Convention
Basic rule: Article 7(6) – No loss of nationality if this causes statelessness
30. The main principle of Articles 5-7 of the 1961 Convention is codified in Article 7(6):
“Except in the circumstances mentioned in this Article, a person shall not lose the
nationality of a Contracting State, if such loss would render him stateless,
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