Test case in the Constitutional Court of Colombia: the arbitrary deprivation of nationality rights and statelessness under public international law

22/12/22

The Global Strategic Litigation Council for Refugee Rights (“GSLC”)  has filed a legal intervention (amicus curiae) in the Constitutional Court of Colombia in a test case of significant public importance. GSLC is working alongside one of its member NGOs in Colombia,  Refugiados Unidos, who represent the Claimant in the proceedings.

In 2017, Colombia passed a number of measures which dispensed with certain formal requirements which applicants had to meet when applying for birth right citizenship.  Many Venezuelans eligible for Colombian citizenship, such as the Claimant, successfully registered for Colombian citizenship in reliance on these measures, having left Venezuela due to the ongoing political and socioeconomic crisis. In 2021, Colombia introduced a number of state measures whose ultimate effect was to revoke the Colombian citizenship of around 42,000 people who had registered for citizenship pursuant to the requirements established by the earlier measures.

In this case, the Claimant had his citizenship revoked in reliance on the 2021 measures. He was arrested and detained at the airport and stripped of his identity card (which in Colombia is required to access healthcare and other social services). After a number of first instance decisions, the Claimant’s case will now be heard by the Constitutional Court of Colombia.

The Claimant challenges the 2021 measures on a number of grounds, including that they are in violation of international law; in particular, the Claimant alleges that the 2021 measures constitute an arbitrary deprivation of nationality and also breach Colombia’s obligations not to render individuals stateless.

In that connection, GSLC has intervened in the proceedings. It has filed an amicus curae addressing Colombia’s obligations under international law, in particular the (i) Inter-American Convention on Human Rights and (ii)  the 1961 Statelessness Convention, both of which are binding on Colombia. It submits that the 2021 measures constitute an arbitrary deprivation of citizenship under Article 20(3) IACtHR, with consequent impacts on the Claimant’s enjoyment of other human rights guaranteed by the Convention. It also submits that, in certain situations, the state measures could result in de jure or de facto statelessness in contravention of the 1961 and 1954  Statelessness Conventions.

The case will be heard next year.