2| 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: • • • • • 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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