were in foster care, more than 3,500 persons incarcerated in Czech
prisons, and more than 2,000 others who could not determine or exercise
their nationality.
Following advice provided by UNHCR and the Council of Europe, the
Czech government began to loosen its restrictions on the acquisition of
citizenship. In April 1996, the Czech legislature adopted an amendment
to the Citizenship Act that gave the Ministry of the Interior the discretion
to waive the requirement for a clean criminal record for applicants who
were or had been Slovak citizens who had continuously resided in the
Czech Republic and possessed official proof of such residency.
Then, in 1999, the Czech legislature passed another amendment that allowed
citizens of the former Czechoslovakia who had permanently resided in
the territory that became the Czech Republic, but who did not possess an
official residency permit, to become citizens of the Czech Republic. Under
the amendment, these persons were allowed to prove their residency
through work and/or housing contracts and/or witnesses. They, too,
were not required to have a clean criminal record. Gradually, through the
concerted efforts of UNHCR, NGOs and the Czech authorities, those former
Czechoslovaks who have resided permanently in the Czech Republic
since the dissolution of the federation have been granted unlimited access
to citizenship of the Czech Republic.
Causes linked to discrimination
or arbitrary deprivation of nationality
Discrimination
One of the principal constraints on State discretion to grant or deny nationality is the
proscription against racial discrimination. This principle is reflected in the Convention on
the Elimination of all Forms of Racial Discrimination and in many other instruments. In its
General Recommendation on Discrimination against Non-citizens of 1 October 2004, the
United Nations Committee on the Elimination of Racial Discrimination stated that “deprivation
of citizenship on the basis of race, colour, descent, or national or ethnic origin is a breach
of States’ obligations to ensure non-discriminatory enjoyment of the right to nationality.”
However, sometimes individuals are unable to acquire the nationality of a particular State
despite having strong ties to that State – ties that, for other persons, would be sufficient to
trigger the granting of citizenship. Discrimination based on race, colour, ethnicity, religion,
gender, political opinion, or other factors can be either overt or created inadvertently in the
laws or as they are implemented. Laws may be said to be discriminatory if they contain
prejudicial language or if the result of their application is discrimination.
To avoid this problem:
•
38
Ensure that the principle of non-discrimination relating to nationality is enshrined
in the constitution and in laws relating to nationality and ensure, through
administrative and judicial decisions, that the principle is implemented.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents