UN Secretary-General stated that such inequality must be assessed in light of the
severe impact of statelessness in terms of enjoyment of human rights.20
Finally, according to the UN Office of the High Commissioner for Human Rights
(OHCHR), the right to nationality is increasingly infringed upon under the pretext of
countering terrorism. The practice of depriving individuals of their nationality,
particularly dual nationals, has become more prevalent amid concerns over terrorism
associated with foreign fighters. Furthermore, some states permit the deprivation of
nationality for mono-nationals in the context of counterterrorism, thereby rendering
them stateless. 21 However, it is crucial to emphasise that the international standards
governing the loss or deprivation of nationality applies in all contexts, including in the
context of countering terrorism.22
2.2 Domestic legal framework
In the UAE, the main law governing citizenship is the Federal Law No. 17 from 1972
concerning Nationality, Passports and Amendments thereof (hereinafter “Law on
Nationality”).23 Articles 15 and 16 of the law outline the conditions under which the
citizenship of an individual can be revoked, making a distinction between individuals
that were naturalised Emirati citizens and individuals that were not.
Article (15): Nationality of the country shall be lost from any person enjoying such
nationality in the following cases:
A. If he engages in military service for any foreign country without permission
and refuses to abandon such services when requested to do so.
B. If he works for the interest of an enemy country.
C. If he has adopted, voluntarily, a nationality of another country.
Article (16): Nationality shall be withdrawn from a person who has acquired the
nationality by naturalisation in the following cases:
1. If he commits or attempts to commit an action which is deemed dangerous
for the security or safety of the country.
2. If he has been punished repeatedly for crimes of dishonour.
3. If the date upon which the nationality has been granted were proofed to
be forged, fraud or containing deception.
4. If he resides outside the country without reasons for a period exceeding
four years. If nationality is withdrawn from a person, it may be accordingly
withdrawn from his wife and under-aged children.
Ibid, para. 6.
UN Counter-Terrorism Implementation Task Force, Guidance to States on human rights-compliant
responses
to
the
threat
posed
by
foreign
fighters,
2018,
para.
40,
https://www.ohchr.org/sites/default/files/newyork/Documents/Human-Rights-Responses-to-ForeignFighters-web_final.pdf (accessed on 30 April 2024).
22
Shamima Begum Third Party Intervention at the UK Court of Appeals, 29 May 2020,
https://www.ohchr.org/sites/default/files/Documents/Issues/Terrorism/SR/2020_05_29_FINAL_Begum
_Intervention.pdf (accessed on 30 April 2024).
23
A copy of this law can be found on the following link: https://menarights.org/sites/default/files/201611/UAE_NationalityLaw_EN.pdf (accessed on 1 May 2024).
20
21
8
Citizenship stripping in the UAE