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The deprivation of nationality as a national security measure disproportionately
targets those of minority and migrant heritage and is likely to be discriminatory on
various grounds including race, ethnicity, religion, political or other opinion and
national origin. Such measures are also likely to be arbitrary and can cause
statelessness. There is no evidence to support the use of such measures as being an
effective means of protecting national security, and there is growing concern that
such actions may actually be counterproductive. There are also significant concerns
related to the permanent nature of the measure of deprivation of nationality, its
disproportionate impact on individuals, families and communities, and the
detrimental impact on other fundamental human rights.
States have a duty to cooperate with each other and to act responsibly and in
accordance with international law, to maintain international peace and security and
to promote and encourage respect for human rights and fundamental freedoms.
The practice of deprivation of nationality, in particular when coupled with the
refusal to repatriate and the imposition of entry bans, runs counter to these
obligations and can result in the ‘exporting’ of a challenge for other States to deal
with.
The Principles present a wide range of well-established and developing international
law standards, which States are obliged to uphold, when considering the
introduction of new powers or the implementation of existing powers to deprive the
nationality of their citizens. The Principles serve to provide a clear and authoritative
overview of existing international law obligations; they do not establish any new
standards. However, by collating the numerous international law standards at play,
the Principles articulate the extremely high threshold to be met, for a State to
deprive nationality while satisfying its international obligations. An analysis of
current State practice shows that this threshold is not being respected by any State
which has taken the measure of depriving nationality of its citizens to safeguard
national security.
The Basic Rule articulated in Principle 4, synthesises all relevant international
standards, to conclude that “States shall not deprive persons of nationality for the
purpose of safeguarding national security”. It asserts that any exercise of an
exception to this rule, must be “interpreted and applied narrowly”, and is further
limited by other well-established standards of international law. Namely:
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The avoidance of statelessness;
The prohibition of discrimination;
The prohibition of arbitrary deprivation of nationality;
The right to a fair trial, remedy and reparation; and
Other obligations and standards set forth in international human rights
law, international humanitarian law and international refugee law.
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