40. In order to meet their obligation to ensure that a person shall not lose or be deprived of nationality
if this would render them stateless, States are required to examine whether the person possesses
another nationality at the time of loss or deprivation, not whether they could acquire a nationality
at some future date.58 This assessment should not be made on the basis of one State’s
interpretation of another State’s nationality law but rather should be informed by consultations
with and written confirmation from the State in question.59 In accordance with the general rule
that “the responsibility for substantiating a claim lies with the party which advances that claim
… the burden lies primarily with authorities of a State that is seeking to apply rules for loss or
deprivation of nationality to show that the person affected has another nationality .60 The State
should demonstrate conclusively that this is indeed the case, for example, by providing an
attestation from the other state of nationality that the person concerned is regarded as a national
(see further also Principle 2.3).
Principle 6: The prohibition of discriminatory deprivation of nationality
PRINCIPLE
LEGAL STANDARD
6.1. A State must not deprive any
person or group of persons of their
nationality as a result of direct or
indirect discrimination in law or
practice, on any ground prohibited
under international law, including
race, colour, sex, language, religion,
political or other opinion, national
or social origin, ethnicity, property,
birth or inheritance, disability,
sexual orientation or gender
identity, or other real or perceived
status, characteristic or affiliation.
ICCPR, Art 26: “All persons are equal before the law and are
entitled without any discrimination to the equal protection of
the law. In this respect, the law shall prohibit any
discrimination and guarantee to all persons equal and
effective protection against discrimination on any ground such
as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other
status.
6.2. Each State is bound by the
principle of non-discrimination
between its nationals, regardless of
whether they acquired nationality
at birth or subsequently, and
whether they have one or multiple
nationalities.
1961 Convention, Art. 9: “A Contracting State may not deprive
any person or group of persons of their nationality on racial,
ethnic, religious or political grounds.
CERD, Art. 5(d)(iii): “In compliance with the fundamental
obligations laid down in article 2 of this Convention, States
Parties undertake to prohibit and to eliminate racial
discrimination in all its forms and to guarantee the right of
everyone, without distinction as to race, colour, or national or
ethnic origin, to equality before the law, notably in the
enjoyment of the following rights: [...] (d) Other civil rights, in
particular: ... iii The right to nationality ... .
58
UNHCR, ’Tunis Conclusions‘
, para. 5, p. 3.
Ibid, p. 6; see also UNHCR Guidelines No. 5 (2020), para 81.
60 Ibid, p. 7.
59
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