PRINCIPIOS SOBRE LA PRIVACIÓN DE LA NACIONALIDAD COMO MEDIDA DE SEGURIDAD NACIONAL
FOREWORD
FIONNUALA NÍ AOLÁIN*
I welcome these Principles as an important contribution to the legal and political
debates concerning deprivation of nationality. As Special Rapporteur on the
Protection and Promotion of Human Rights and Fundamental Freedoms while
Countering Terrorism I am profoundly aware of the increased use of nationality
deprivation as a security and counter-terrorism measure. Such use has profound
human rights consequences for individuals, families and communities. I affirm that
statelessness is a distinctly vulnerable status, one that does not merely involve the
loss of nationality but has attendant consequences for the protection of a range of
fundamental rights. Nationality remains an entry point for individuals and groups
to access civil, political, social, economic and cultural rights. Deprivation of
nationality cuts an individual off from the capacity to meaningfully exercise such
rights and gain protection in multiple dimensions. The knock-on effect of the
deprivation of nationality is felt by dependents so that even apparently singular
deprivation has a collective effect.
Security challenges are genuine and keenly felt by many states, but as Special
Rapporteur I fundamentally maintain that rights and security are not at odds.
Rather, it is only through the meaningful enforcement of rights that security in all
its dimensions will be realized for states and individuals. It remains essential that
States respect safeguards established by international human rights law around the
prohibition of arbitrary deprivation of nationality. These safeguards include nondiscrimination, fair process, legal representation, the opportunity to effectively
challenge decisions before an independent body, ideally of judicial nature and
reparations. Decisions must respect the absolute prohibition on refoulement and take
due consideration of the impact on human rights, including the right to private
and family life, as well as the impacts on the rights of the child. Legal safeguards
around the prohibition of arbitrary deprivation of nationality are imperative as loss
of nationality has serious human rights consequences many of which may be
irreparable.
*
Professor Fionnuala Ní Aoláin, Regents Professor University of Minnesota and Professor of Law, the Queens
University of Belfast, Northern Ireland, United Nations Special Rapporteur on the Protection and Promotion of Human Rights
and Fundamental Freedoms while Countering Terrorism