RES/7/10 Human rights and arbitrary deprivation of nationality

Human Rights Council

Resolution 7/10. Human rights and arbitrary deprivation of nationality

The Human Rights Council,

Guided by the purposes, principles and provisions of the Charter of the United

Nations,

Guided also by article 15 of the Universal Declaration of Human Rights,

according to which everyone has the right to a nationality and no one shall be

arbitrarily deprived of his nationality,

Reaffirming its decision 2/111 of 27 November 2006, as well as all previous

resolutions adopted by the Commission on Human Rights on the issue of human

rights and arbitrary deprivation of nationality, in particular resolution 2005/45 of 19

April 2005,

Recognizing the right of States to establish laws governing the acquisition,

renunciation or loss of nationality, in accordance with international law, and noting

that the issue of statelessness is already under consideration by the General Assembly

within the broad issue of State succession,

Noting the relevant provisions of international human rights instruments and

instruments on statelessness and nationality, inter alia, article 5, paragraph (d) (iii) of

the International Convention on the Elimination of All Forms of Racial

Discrimination; article 24, paragraph 3, of the International Covenant on Civil and

Political Rights; articles 7 and 8 of the Convention on

the Rights of the Child; articles 1 to 3 of the Convention on the Nationality of Married

Women; article 9 of the Convention on the Elimination of All Forms of

Discrimination against Women; and the Convention on the Reduction of

Statelessness,

Recalling that persons arbitrarily deprived of nationality are protected by

international human rights and refugee law as well as instruments on statelessness,

including, with respect to States parties, the Convention relating to the Status of

Stateless Persons and the Convention relating to the Status of Refugees and the

Protocol thereto,

Stressing that all human rights are universal, indivisible, interdependent and

interrelated and that the international community must treat human rights globally in a

fair and equal manner, on the same footing and with the same emphasis, as reaffirmed

in the Vienna Declaration and Programme of Action adopted by the World

Conference on Human Rights in June 1993, the 2005 World Summit Outcome and

General Assembly resolution 60/251 of 15 March 2006, by which the Assembly

established the Human Rights Council,

Recalling General Assembly resolution 61/137 of 25 January 2007, in which,

inter alia, the Assembly urged the Office of the United Nations High Commissioner

for Refugees to continue its work with regard to identifying stateless persons,

preventing and reducing statelessness and protecting stateless persons,

Noting the important work of the Office of the United Nations High

Commissioner for Refugees in seeking to address and prevent the problem of

statelessness, including the adoption by its Executive Committee of the conclusion on

identification, prevention and reduction of statelessness and protection of stateless

persons No. 106 (LVII) - 2006,

Mindful of the endorsement by the General Assembly, in its resolution 41/70

of 3 December 1986, of the call upon all States to promote human rights and

fundamental freedoms and to refrain from denying these to individuals in their

populations because of nationality, ethnicity, race, religion or language,

Recalling General Assembly resolutions 55/153 of 12 December 2000 and

59/34 of 2 December 2004 on the nationality of natural persons in relation to the

succession of States,

Recalling also the resolutions of the Sub-Commission on the Promotion and

Protection of Human Rights on the rights of non-citizens, in particular of paragraph 7

of its resolution 2003/21 of 13 August 2003, and also of the final report of the Special

Rapporteur of the Sub-Commission on the rights of non-citizens

(E/CN.4/Sub.2/2003/23 and Add.1-4),

Expressing its deep concern at the arbitrary deprivation of persons or groups

of persons of their nationality, especially on racial, national, ethnic, religious, gender

or political grounds,

Recalling that arbitrarily depriving a person of his or her nationality may lead

to statelessness, and in this regard expressing concern at various forms of

discrimination against stateless persons that violate the obligations of States under

international human rights law,

Emphasizing that the human rights and fundamental freedoms of persons

whose nationality may be affected by State succession must be fully respected,

1. Reaffirms that the right to a nationality of every human person is a

fundamental human right;

2. Recognizes that arbitrary deprivation of nationality on racial, national,

ethnic, religious, political or gender grounds is a violation of human rights and

fundamental freedoms;

3. Calls upon all States to refrain from taking discriminatory measures

and from enacting or maintaining legislation that would arbitrarily deprive persons of

their nationality on grounds of race, colour, gender, religion, political opinion or

national or ethnic origin, especially if such measures and legislation render a person

stateless;

4. Urges all States to adopt and implement nationality legislation with a

view to avoiding statelessness, consistent with fundamental principles of international

law, in particular by preventing arbitrary deprivation of nationality and statelessness

as a result of State succession;

5. Calls upon States that have not already done so to consider accession

to the Convention on the Reduction of Statelessness and the Convention relating to

the Status of Stateless Persons;

6. Notes that the full enjoyment of all human rights and fundamental

freedoms of an individual might be impeded as a result of arbitrary deprivation of

nationality, thereby hampering his or her social integration;

7. Calls upon States to ensure that an effective remedy is available to

persons who have been arbitrarily deprived of their nationality;

8. Urges the appropriate mechanisms of the Council and the appropriate

United Nations treaty bodies and encourages the Office of the United Nations High

Commissioner for Refugees to continue to collect information on the issue of human

rights and arbitrary deprivation of nationality from all relevant sources and to take

account of such information, together with any recommendations thereon, in their

reports and activities conducted within their respective mandates;

9. Requests the Secretary-General to collect information on this question

from all relevant sources and to make it available to the Council at its tenth session;

10. Decides to continue its consideration of this matter at its tenth session

under the same agenda item.

40th meeting 27 March 2008

Adopted without a vote.