ضمانات "مبدأ عدم تجريد المواطن من جنسيته تعسفًا "في قوانين دول مجلس التعاون الخليجي

Abstract EN

This article deals with the principle of “arbitrary denaturalization of citizens” as stipulated in the Universal Declaration of Human Rights and in many regional conventions.

The author believes that this principle can only be realized in practice if accompanied by a set of guarantees.

These guarantees are to identify denaturalization cases with a legislative instrument that is no less than the law, to specifically and accurately identify such cases, and for legislation not to be created based on discriminating practices of individuals on the grounds of sex, religion, race, sect, color, political opinion or other such reasons.

These guarantees should also ensure that a denaturalization decision should remain individual and not exceed the targeted person to include other family members such as spouses and children.

Finally, the denaturalization decision should be written and justified and challengeable before an independent and impartial judicial body.

The author attempted to highlight the concept of every guarantee of the principle of arbitrary denaturalization of a citizen.

The legislations of the Gulf Cooperation Council (GCC) states governing the provisions of naturalization were then examined to determine the extent of such guarantees.

In the naturalization legislations of GCC states, there are many examples of incompatibility with these guarantees, such as the lack of precise definition of denaturalization conditions, which can result from countless causes.

Definitions of denaturalization conditions are loosely phrased, such as violations to public interest, the state’s interests, the country’s interests, etc.

A rare case of denaturalization recorded based on discrimination was for a person who renounced his religion.

As for the individualism of denaturalization and that it should not include subordinates of the targeted person, some GCC legislations do not restrict this to cases of fraudulent or forged naturalization; the move applies to people denaturalized for other reasons.

Finally, legislations of GCC states do not require justifying decisions to withdraw or nullify naturalization; some of these legislations expressly state that courts do not have jurisdiction over matters relating to naturalization.