for example in the case of a foreign husband of an Omani citizen applying for Omani nationality where there are no children or only daughters from the marriage. It is not clear however that this Article would apply in the case of a foreign wife of an Omani citizen applying for Omani nationality where the conditions in Article 16 are not met (for example where there are no children or only daughters from the marriage). 41 Issue 3 - Withdrawal of Nationality and Proxy Measures 47. The Principles on Deprivation of Nationality as a National Security Measure,42 and the UNHCR Guidelines on Statelessness No 5: Loss and Deprivation of Nationality 43 provide important guidance on the question of deprivation of nationality; the former, from a wider international law perspective, and the latter, more specifically in relation to the 1961 Convention on the Reduction of Statelessness. Accordingly, state discretion in this area is subject to the individual right to a nationality,44 the prohibition of arbitrary deprivation of nationality,45 the prohibition of discrimination46 and the obligation not to render a person stateless.47 Further, the impact of nationality deprivation on the enjoyment of other human rights, humanitarian and refugee law obligations and standards must be taken into consideration when assessing the legality of citizenship deprivation. These include, the right to enter and remain in one’s own country, the prohibition of refoulement, the prohibition of torture and cruel, inhuman or degrading treatment or punishment, the liberty and security of the person, the right to private and family life, legal personhood, and the rights of the child.48 Any measures to deprive nationality must also comply with due process safeguards and the right to a fair trial.49 48. When assessed against the Principles, it is evident that Omani law, policy and practice related 41 Nationality Law, Article 15(1). Principles on Deprivation of Nationality as a National Security Measure, March 2020. Available at: https://files.institutesi.org/PRINCIPLES.pdf. The Principles were drafted by the Institute on Statelessness and Inclusion in collaboration with the Open Society Justice Initiative and with support from the Asser Institute and Ashurst LLP. They were developed over a 30-month research and consultation period, with input from more than 60 leading experts in the fields of human rights, nationality and statelessness, counter-terrorism, refugee protection, child rights, migration and other related areas. At the time of submission, they have been endorsed by over 100 individual experts and organisations, including leading academics, UN Special Rapporteurs and Treaty Body members, litigators, judges, parliamentarians and diplomats. The Principles restate or reflect international law and legal standards under the UN Charter, treaty law, customary international law, general principles of law, judicial decisions and legal scholarship, regional and national law and practice. They articulate the international law obligations of States and apply to all situations in which States take or consider taking steps to deprive a person of nationality as a national security measure. More information is available here: https://www.institutesi.org/year-of-action-resources/principles-on-deprivation-of-nationality 43 UN High Commissioner for Refugees (UNHCR), Guidelines on Statelessness No. 5: Loss and Deprivation of Nationality under Articles 5-9 of the 1961 Convention on the Reduction of Statelessness, May 2020, HCR/GS/20/05, available at: https://www.refworld.org/docid/5ec5640c4.html. The Guidelines provide guidance on the interpretation of Articles 5 – 9 of the1961 Convention on the Reduction of Statelessness. They draw on the Summary Conclusions of the Expert Meeting on Interpreting the 1961 Statelessness Convention and Avoiding Statelessness Resulting from Loss and Deprivation held in Tunis, Tunisia on 31 October-1 November 2013 (“Tunis Conclusions”) and the Expert Meeting on Developments related to Deprivation of Nationality held in Geneva, Switzerland on 5-6 December 2019. 44 Human Rights Council Resolution 7/10, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/7/10 (27 March 2008); Human Rights Council Resolution 10/13, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/10/13 (26 March 2009); Human Rights Council Resolution 13/2, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/13/2 (24 April 2010); Human Rights Council Resolution 20/4, The right to a nationality: women and children, UN Doc A/HRC/RES/20/4 (16 July 2012); Human Rights Council Resolution 20/5, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/20/5 (16 July 2012); Human Rights Council Resolution 26/14, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/26/14 (11 July 2014); Human Rights Council Resolution 32/5, Human rights and arbitrary deprivation of nationality, UN Doc A/HRC/RES/32/5 (15 July 2016). 45 Principles on Deprivation of Nationality as a National Security Measure, March 2020. Available at: https://files.institutesi.org/PRINCIPLES.pdf., Principle 7. See also, the Draft Commentary to the Principles, https://files.institutesi.org/PRINCIPLES_Draft_Commentary.pdf. 46 Ibid., Principle 6. 47 Ibid. Principle 5. 48 Ibid., Principle 9. 49 Ibid., Principle 8 42 10