must take place before a Contracting State deprives an individual of nationality and
the basis for the deprivation of nationality may never be one of the grounds prohibited
under Article 9.
Deprivation of nationality must not be based on conduct which is consistent with
an individual’s freedom of expression, freedom of assembly or other rights associated
with a person’s political views consistent with Article 9’s prohibition on “political
grounds.” This is particularly relevant to situations in which a Contracting State may
seek to rely on an individual’s political beliefs as a basis for deprivation of nationality
under Article 8(3) of the 1961 Convention. In no circumstances should deprivation of
nationality be used as a means to delegitimize political points of view that are different
from those of the government in power, or to delegitimate groups holding certain
political views.
Article 9 of the 1961 Convention is complemented by developments in international
human rights law. The relevant law is set out in paragraphs 110-112 below.
D. Determination of possession or acquisition of another nationality
Subject to the narrow exceptions to the general prohibition of statelessness as a
result of loss or deprivation of nationality outlined in the 1961 Convention, Contracting
States must ensure that safeguards against statelessness exist in national legislation
wherever they provide for withdrawal of nationality. A Contracting State’s assessment
of whether a person has a second nationality is to be assessed at the time of the
Contracting State’s decision to deprive that person of its nationality.83 As such, and
subject to the narrow exceptions in Articles 8(2) and 8(3) of the 1961 Convention,
Contracting States may not deprive an individual of nationality on the basis that they
have previously held, are eligible for, or may (re-)acquire another nationality. As a
matter of good practice, Contracting States should provide in domestic legislation that
withdrawal of nationality may only occur where the individual is already in possession
of another nationality.
The question relevant to whether an individual will be rendered stateless through
withdrawal of nationality is whether the individual currently possesses and has proof
of another nationality. 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.
If a Contracting State seeks to deprive an individual of nationality in line with Article
8 of the 1961 Convention, it must conduct an assessment of whether it would render
that individual stateless at the moment that the deprivation of nationality would occur.
It is statelessness upon withdrawal of nationality and not the question of an individual’s
potential eligibility for another nationality that is salient for the purposes of the 1961
83
UNCHR Handbook on Protection of Stateless Persons 2014, para. 50.
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