Human Rights and Arbitrary Deprivation of Nationality

A/HRC/RES/13/2No PDF available

Who created this mandate?

A Resolution of the General Assembly, under agenda item 3Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, published in 2010.

What other versions does this mandate have?

6 versions · 2008–2016

This is an older version — the most recent is A/HRC/RES/32/5

2016A/HRC/RES/32/5Human rights and arbitrary deprivation of nationalityLatestCompare with previous version
2014A/HRC/RES/26/14Human rights and arbitrary deprivation of nationalityCompare with previous version
2012A/HRC/RES/20/5Human rights and arbitrary deprivation of nationalityCompare with previous version
2010A/HRC/RES/13/2Human rights and arbitrary deprivation of nationalityCompare with previous version
2009A/HRC/RES/10/13Human rights and arbitrary deprivation of nationalityCompare with previous version

Versions are identified automatically by matching titles within the same organ (~97% accuracy on a manual audit).

Which reports were submitted under this mandate?

1 report of the Secretary-General submitted under this mandate, 2011.

2011A/HRC/19/43Human rights and arbitrary deprivation of nationality report of the Secretary-General

Identified automatically from the metadata in each report’s UN Digital Library catalogue record.

What does this mandate say?

15 operative paragraphs

Reaffirms that the right to a nationality of every human person is a fundamental human right;

Recognizes that arbitrary deprivation of nationality, especially on discriminatory grounds such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status is a violation of human rights and fundamental freedoms;

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, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, especially if such measures and legislation render a person stateless;

Urges all States to adopt and implement nationality legislation with a view to avoiding statelessness, consistent with principles of international law, in particular by preventing arbitrary deprivation of nationality and statelessness as a result of State succession;

Acknowledges that 2011 will mark the fiftieth anniversary of the adoption of the Convention on the Reduction of Statelessness, and encourages States that have not acceded to the Convention and to the Convention relating to the Status of Stateless Persons to consider doing so;

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;

Expresses its concern that persons arbitrarily deprived of nationality may be affected by poverty, social exclusion and legal incapacity which have an adverse impact on their enjoyment of relevant civil, political, economic, social and cultural rights, in particular in the areas of education, housing, employment and health;

Recalls that every child has the right to acquire a nationality, and recognizes the special needs of children for protection against arbitrary deprivation of nationality;

Calls upon States to ensure that all children are registered at birth, and notes the importance of standardized and effective procedures for civil registration and identity documentation in order to help prevent arbitrary deprivation of nationality and statelessness;

Also calls upon States to observe minimum procedural standards in order to ensure that decisions concerning the acquisition, deprivation or change of nationality do not contain any element of arbitrariness and are subject to review, in conformity with their international human rights obligations;

Further calls upon States to ensure access of persons arbitrarily deprived of their nationality to effective remedies, including, but not limited to, restoration of nationality;

Takes note with appreciation of the report of the Secretary-General submitted in accordance with Council resolution 10/13 (A/HRC/13/34);

Urges relevant United Nations human rights mechanisms and appropriate treaty bodies and encourages the Office of the United Nations High Commissioner for Refugees to continue with the ongoing collection of 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;

Requests the Secretary-General to prepare a report on the impact that arbitrary deprivation of nationality may have on the enjoyment by persons of their human rights, including civil, political, economic, social and cultural rights, and to present it to the Council at its nineteenth session;

Decides to remain seized of this matter.

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Human Rights and Arbitrary Deprivation of Nationality

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