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citizenship as a requirement for adopting the nationality of another State. However, no person
shall be deprived of their citizenship if, as a result, they become stateless. The exception to this
general principle refers to cases in which some people received Ukrainian citizenship through
fraud.
Venezuela (Bolivarian Republic of)
46. The Government of the Bolivarian Republic of Venezuela stated that articles 32 and 42 of
the Constitution regulated issues of nationality in Venezuela. The Law on Nationality and
Citizenship established a legal regime that renders statelessness in Venezuela unlikely. The
Government indicated that Venezuelan nationals do not lose their citizenship when they acquire
the nationality of another State, except in cases of voluntary renunciation of Venezuelan
citizenship. It is established that, in order to avoid situations of statelessness, renunciation of
nationality by Venezuelan nationals by birth is valid only when the persons concerned have
opted for or wish to adopt a foreign nationality. Persons who have renounced their Venezuelan
nationality may recover it if they establish legal residency in Venezuela for a period of at least
two years. Venezuelan nationals by birth may not be deprived of their nationality, nor may their
nationality be suspended or limited by State authorities.
47. The Government stated that naturalized Venezuelans may not be deprived of their
nationality except on the basis of a judicial decision, in conformity with article 35 of the
Constitution and article 48 of the Law on Nationality and Citizenship. Such a declaration may
occur in cases where the relationship of loyalty and fidelity to the State has been broken. The
Law also provides that naturalized Venezuelans may retain their original nationality.
II. REPLIES RECEIVED FROM INTERGOVERNMENTAL
ORGANIZATIONS
Office of the United Nations High Commissioner for Refugees
48. The Office of the United Nations High Commissioner for Refugees (UNHCR) stated that it
is a general principle of international law that State discretion on nationality matters is limited by
international law and in particular obligations under international human rights law. The General
Assembly, in its resolution 50/152, specifically recognizes the fundamental nature of the
prohibition of arbitrary deprivation of nationality. An explicit and general prohibition of arbitrary
deprivation of nationality can be found in numerous international instruments.1 Specific
1
Art. 8, para. 1, Convention on the Rights of the Child; art. 4 (c) of the 1997 European
Convention of Nationality, art. 20 (3) of the 1969 American Convention on Human Rights;
art. 29 of the 2004 Revised Arab Charter on Human Rights; and art. 24 (2) of the 1995
Commonwealth of Independent States Convention on Human Rights and Fundamental
Freedoms; art. 16 of the Draft Articles on Nationality of Natural Persons in relation to the
Succession of States.