The right to nationality is enshrined in Article 15(1) of the UDHR, while article 15(2) UDHR prohibits its arbitrary deprivation. All of the principal international and regional human rights treaties implicitly recognise the prohibition by proscribing discrimination on various grounds in respect of the right to nationality. 2 More recent treaties, such as the Convention on the Rights of Persons with Disabilities, recognise the prohibition in explicit terms. 3 The United Nations has also repeatedly and regularly confirmed the prohibition against the arbitrary deprivation of nationality, including by way of resolutions of the General Assembly, the Human Rights Council and its predecessor the UN Commission on Human Rights. 4 The UN Secretary General has also issued multiple reports dedicated to the subject. 5 The issue is regularly revisited given the UN’s deep concern that the arbitrary deprivation of nationality may impede an individual’s full enjoyment of their human rights, and because citizenship constitutes an access point to the enjoyment of rights. The prohibition has also been confirmed in the work of the International Law Commission. 6 Arbitrary deprivation of citizenship is therefore a violation of international law, and it is our clear view that the widespread use of citizenship stripping, in the name of countering terrorism, is inconsistent with the spirit and intention of the International Covenant on Civil and Political Rights, the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness, as well as other provisions of international human rights law and customary international law. We recall at this stage that Section 40 (2) of the British Nationality Act 1981 allows for the deprivation of a person of citizenship where, ‘the Secretary of State is satisfied that deprivation is conducive to the public good’. 2 3 4 5 6 International Convention on the Elimination of All Forms of Racial Discrimination (1965) 660 UNTS 195, Article 5(d)(iii); Convention on the Elimination of All Forms of Discrimination Against Women (1979) 1249 UNTS 13, Article 9(1); Convention on the Rights of the Child (1989) 1577 UNTS 3, Article 8(1). See also International Covenant on Civil and Political Rights (1966) 999 UNTS 171, Article 24(3). At regional level see American Convention on Human Rights (1969), Article 20(3) (“No one shall be arbitrarily deprived of his nationality or of the right to change it”); Commonwealth of Independent States Convention on Human Rights and Fundamental Freedoms (1995), Article 24(2) (“No one shall be arbitrarily deprived of his citizenship or of the right to change it”); European Convention on Nationality (1997), Article 4(c) (“No one should be arbitrarily deprived of his or her nationality”); Revised Arab Charter on Human Rights (2004), Article 29(1) (“Every person has the right to a nationality, and no citizen shall be deprived of his nationality without a legally valid reason”); ASEAN Human Rights Declaration (2012), Article 18 (“No person shall be arbitrarily deprived of such nationality nor denied the right to change that nationality”). See also African Commission on Human and Peoples’ Rights, 234: Resolution on the Right to Nationality, 23 April 2013. Convention on the Rights of Persons with Disabilities (2006) 2515 UNTS 3, Article 18(1)(“ ... ensuring that persons with disabilities: ... (a) Have the right to acquire and change a nationality and are not deprived of their nationality arbitrarily or on the basis of disability.”) See, e.g., UNGA, Resolution 50/152, UN Doc. A/RES/50/152, 9 February 1996, para. 16; UN Commission on Human Rights, ‘Resolution on Human Rights and Arbitrary Deprivation of Nationality’, 1997/36, 11 April 1997, preamble; see also para. 2; UN Commission on Human Rights, ‘Resolution on Human Rights and Arbitrary Deprivation of Nationality, 2005/45, 19 April 2005, preamble; see also para. 2; UN HRC, ‘Human Rights and Arbitrary Deprivation of Nationality’, UN Doc. A/HRC/RES/13/2, 24 March 2010, see generally; UN HRC, ‘Human rights and arbitrary deprivation of nationality’, UN Doc. A/HRC/RES/20/5, 16 July 2012, see generally See, e.g., ‘Arbitrary deprivation of nationality: Report of the Secretary-General’, UN Doc. A/HRC/10/34, 26 January 2009; ‘Human Rights and arbitrary deprivation of nationality: Report of the Secretary-General’, UN Doc. A/HRC/13/34, 14 December 2009; ‘Human rights and arbitrary deprivation of nationality: Report of the SecretaryGeneral’, UN Doc/ A/HRC/25/28, 19 December 2013. ILC, ‘Draft Articles on Nationality of Natural Persons in relation to the Succession of States (with commentaries)’ (1999) II(2) YBILC, p. 37 (Article 16); ILC, ‘Draft Articles on the Expulsion of Aliens (with commentaries)’ (2014) II(2) YBILC, p. 32 (Article 8), commentary para. 1. 2