CChapter 3: Comparative analysis of nationality laws
that it will not take action in a particular case and the
person will retain nationality. In practice, establishing
a power of deprivation appears to be more common
in this region that providing for automatic loss of
nationality. Yet, it is not always easy to distinguish
from the language of the law whether a particular
article provides for loss or deprivation of nationality
and therefore how it will operate in practice.
In this chapter, the focus is not on whether a
particular clause provides for loss or for deprivation,
but on what the criteria are under which a person
may be stripped of their nationality – since this offers
a picture of how varied the circumstances are under
which a person’s nationality may be threatened. As
already mentioned, the grounds for both loss and
deprivation of nationality tend to relate broadly to
the (presumed) lapse or change of allegiance and/
or to behaviour that is considered unbefitting of a
national. In the MENA region, the three most common
grounds are where the person commits an act/
crime that threatens the security of the state, renders
services to a foreign state or is discovered to have
acquired the nationality through fraud. For instance,
with respect to withdrawal of a nationality which has
been fraudulently obtained, all MENA states with
the exception of Algeria, Lebanon and Tunisia have
legislated for this possibility. Thereafter, the withdrawal
of nationality in response to a demonstration of
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