A/HRC/25/28 interests and sentiments”.16 Thus nationality is deemed to reflect a genuine connection, but it also formalizes the bond of allegiance.17 Where such a genuine connection or tie of allegiance is absent, diminished or broken, this can result in the termination of nationality. The number and range of grounds for such termination vary significantly from one State to another. Voluntary acquisition of another nationality 8. Article 15 of the Universal Declaration of Human Rights protects not only the right to a nationality, but also the right to change nationality. Circumstances such as long-term residence outside the country of nationality, or marriage to a foreign national, may lead to a desire to change nationality and create the opportunity to do so, often through voluntary naturalization. With a view to avoid dual nationality, nationality laws may provide for the automatic loss or the possibility of deprivation of nationality in response to the voluntary acquisition of another nationality.18 This does not, in principle, raise concerns under international law.19 Such a practice should not lead to statelessness, if adequate safeguards are in place in the nationality law and due diligence is exercised on the part of the State withdrawing nationality to ascertain that the individual concerned has indeed acquired a new nationality. Nor does it impose on the person concerned an unforeseeable change to their legal status,20 given that it is a response to that individual’s voluntary acquisition of a new nationality. 9. States are increasingly accepting the legitimacy of dual nationality, such that nationality laws are becoming more tolerant of their nationals voluntarily acquiring a new nationality.21 Nevertheless, this ground for loss or deprivation of nationality remains commonplace. Where States have formulated this ground for loss or deprivation as a response to any acquisition of another nationality by one of their nationals, this may raise issues of legal certainty and continuity of rights. In some cases, the person concerned may have been conferred a new nationality without his or her consent or even knowledge,22 and may become an alien in his or her country of original nationality, with significant impact on the continued enjoyment of his or her civil and political, as well as economic, social and cultural rights. Fraud 10. Where nationality has been acquired on the basis of fraudulent or falsified information, or misrepresentation of fact, States may provide for its loss or deprivation as a punishment for misconduct in the acquisition process or an administrative response to the mistaken attribution of nationality following the discovery that the conditions had never, in fact, been met. International law accepts this as a legitimate ground for loss or deprivation of nationality, recognizing that States may even, exceptionally, exercise this power where 16 17 18 19 20 21 22 6 International Court of Justice, Nottebohm Case (Liechtenstein v. Guatemala), 6 April 1955. Inter-American Court of Human Rights, Advisory Opinion on Proposed Amendments to the Naturalization Provision of the Constitution of Costa Rica, OC-4/84, 19 January 1984. Submissions from Kazakhstan, Mexico and Qatar. See, for instance, European Convention on Nationality, art. 7, para. 1(a); also international jurisprudence in footnote 13 above. Consider, for example, the contribution from UNHCR noting that “arbitrariness” includes elements of “inappropriateness, injustice and lack of predictability” (A/HRC/10/34, para. 49). A/CN.4/594. For instance, following State succession or where marriage or adoption leads to automatic conferral of nationality.

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