The Transnational Human Rights Review, Vol. 8, Iss. 1 [2021], Art. 1 Although the conferral or withdrawal of nationality is a sovereign function of the state, international law prohibits any arbitrary withdrawal of nationality. 44 The UNHCR Guidelines to the 1961 Convention45 define “arbitrary withdrawal” as one: (1) without any legal basis, (2) disproportionate to the aims sought, and (3) inflicted without due process safeguards. Arbitrary withdrawal can take several forms, including where the state authorities prevent individuals from acquiring or retaining their nationality, or where they cease to consider individuals or a collective as their national. Expulsion, confiscation of relevant documents, or statements proclaiming that the concerned persons are not their nationals, suffice to show such withdrawal. 46 (a) Substantive Aspects of Deprivation Usually, international law restricts withdrawal of citizenship from individuals who would otherwise be left stateless. 47 Any deprivation of citizenship must be legally prescribed 48 and limited to “naturalized persons” who have acquired nationality through fraudulent means or misrepresentation, or shown their allegiance to another state, or committed acts that are “seriously prejudicial” and “threaten vital interests of the state”. 49 These are punitive measures that are allowed to the state - provided they also satisfy the condition of proportionality. That is, the state must usually look to other less intrusive measures.50 Apart from this, human rights treaties impose more exacting requirements, where states must evaluate if deprivation could affect other rights, such as those of family and private life. 51 Usually acts of terrorism, or 44 United Nations Human Rights Council, Human rights and arbitrary deprivation of nationality: Report of the Secretary-General, 13th Sess, UN Doc. A/HRC/13/34, December 2009 at para 23, online: <https://www.refworld.org/docid/4b83a9cb2.html>. 45 The Guidelines serve as interpretative guidance for decision-makers and reveal existing treaty laws and customary international law, along with progressive developments in human rights. UNHCR, Guidelines on Statelessness No. 5: Loss and Deprivation of Nationality under Articles 5-9 of the 1961 Convention on the Reduction of Statelessness, UN Doc, HCR/GS/20/05, May 2020, online: <https://www.refworld.org/docid/5ec5640c4.html>. 46 Ibid at para 9. 47 1961 Convention, supra note 40 at art 8(1). 48 Supra note 45 at para 55. 49 1961 Convention, supra note 40 at art 8(3). 50 Supra note 45 at paras. 50-52, 61-62. 51 See, UDHR, Article 12 read with Article 16(3); ICCPR, Articles 17(1) and 23; ICESCR, Article 10; CRC, Article 16; ICRMW, Article 44; and regional treaties such as ECHR, Article 8. See also, Hoti v Croatia, App No 63311/14 (ECtHR, 26 April 2018) at paras 96, 122 (discussing the positive obligation of states to ensure the effective enjoyment of private life and right to family and the fact that the Applicant had lived in Latvia for almost the entire duration of her life and had close contacts there, should have acted as a constraint upon the State); Slivenko v Latvia, App No 4832/199 (ECtHR, 9 October 2003) at para 122 (discussing that even in situations of national security’, states must always make individualised statements taking into consideration the specific situations of the applicant). https://digitalcommons.osgoode.yorku.ca/thr/vol8/iss1/1 DOI: 10.60082/2563-4631.1096 8