A/HRC/13/34
Covenant and should, in any event, be reasonable in the particular circumstances. In its
general comment No. 27, the Committee further indicated that the reference to the concept
of arbitrariness in this context was intended to emphasize that it applied to all State action,
legislative, administrative and judicial, and guaranteed that even interference provided for
by law should be in accordance with the provisions, aims and objectives of the Covenant
and should, in any event, be reasonable in the particular circumstances.
25.
Thus, while international law allows for the deprivation of nationality in certain
circumstances, it must be in conformity with domestic law and comply with specific
procedural and substantive standards, in particular the principle of proportionality.
Measures leading to the deprivation of nationality must serve a legitimate purpose that is
consistent with international law and, in particular, the objectives of international human
rights law. Such measures must be the least intrusive instrument of those that might achieve
the desired result, and they must be proportional to the interest to be protected. In this
respect, the notion of arbitrariness applies to all State action, legislative, administrative and
judicial. The notion of arbitrariness could be interpreted to include not only acts that are
against the law but, more broadly, elements of inappropriateness, injustice and lack of
predictability also.
26.
The prohibition of arbitrary deprivation of nationality, which aims at protecting the
right to retain a nationality, is implicit in provisions of human rights treaties that proscribe
specific forms of discrimination. As indicated above, article 15 of the Universal Declaration
of Human Rights explicitly provides that no one should be arbitrarily deprived of a
nationality. Article 5 (d) (iii) of the Convention on the Elimination of All Forms of Racial
Discrimination prohibits racial discrimination in respect of the right to a nationality. In its
general recommendation XXX, the Committee on the Elimination of Racial Discrimination
indicates that States should recognize that deprivation of citizenship on the basis of race,
colour, descent or national or ethnic origin is a breach of States parties’ obligations to
ensure non-discriminatory enjoyment of the right to nationality. According to article 9 of
the Convention on the Elimination of All Forms of Discrimination against Women and the
1957 Convention on the Nationality of Married Women, women have the right to retain
their nationality regardless of the celebration or dissolution of a marriage or the change of
nationality by a husband. In its comment on article 9 of the Convention, the Committee on
the Elimination of Discrimination against Women stated that “nationality should be capable
of change by an adult woman and should not be arbitrarily removed because of marriage or
dissolution of marriage or because her husband or father changes his nationality”
(CEDAW/C/1995/7, annex, appendix, chap. III B). As indicated above, under article 26 of
the International Covenant on Civil and Political Rights, discrimination on any grounds
such as race, colour, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status is prohibited. Non-discrimination in this context
includes issues related to nationality.
27.
In the report of the Secretary-General on arbitrary deprivation of nationality
(A/HRC/10/34), the United Nations High Commissioner for Refugees (UNHCR) indicated
that deprivation of nationality resulting in statelessness would generally be arbitrary unless
it served a legitimate purpose and complied with the principle of proportionality. For
example, article 8 of the Convention on the Reduction of Statelessness allows for a limited
set of circumstances under which deprivation of nationality resulting in statelessness is
permissible. The exceptions allowed for in that Convention are set out in its article 8,
paragraphs 2 and 3. Paragraph 2 (a) provides that naturalized persons may be rendered
stateless by loss of nationality if they have resided abroad for at least seven years and failed
to declare their intention to retain their nationality. States may also deprive persons born
abroad of their nationality if, one year after attaining majority, they do not reside in the
State or register with the appropriate authority. Paragraph 2 (b) provides that deprivation of
nationality resulting in statelessness is also permissible if the nationality has been obtained
GE.09-17512
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