2019
Statelessness & Citizenship Review
1(2)
a result, immigration law became more and more ‘securitised’. In fact,
immediately after the 9/11 attacks, the United Nations Security Council adopted
Resolution 1373 stressing the need for states to:
Take appropriate measures in conformity with the relevant provisions of national
and international law, including international standards of human rights, before
granting refugee status, for the purpose of ensuring that the asylum-seeker has not
planned, facilitated or participated in the commission of terrorist acts … 3
This resolution institutionalised the link between immigration and security.
Where 9/11 sparked this development in the United States of America, the
European migration crisis did the same for Europe’s mainland; 4 the combination
of large numbers of refugees entering Europe and the streak of recent terrorist
attacks across its territory has pushed public opinion and policy as seeing the two
phenomena as intertwined. 5 Citizens possessing a migrant background, such as
naturalised citizens or dual nationals, have become the target of broad citizenship
deprivation powers. 6
This paper will focus on the question of how the fundamental rights of
denationalised individuals are affected and which protection is offered for them
by the European Convention for the Protection of Human Rights and Fundamental
Freedoms (‘ECHR’). 7 In many countries, these new broader deprivation powers
were left unaccompanied by stronger (procedural) safeguards that protect the
3
4
5
6
7
Resolution 1373, SC Res 1373, UN SCOR, 4385th mtg, UN Doc S/RES/1373 (28 September
2001) s 3(f).
See, eg, the recent changes made in Modifiant la loi du 15 décembre 1980 sur l’accès au
territoire, le séjour, l’établissement et l’éloignement des étrangers afin de renforcer la
protection de l’ordre public et de la sécurité nationale [Bill to Modify the Law of 15
December 1980 on Access to Territory, Residency, Settlement and Removal of Foreigners to
Reinforce the Protection of Public Order and National Security] (Belgium) Chamber des
Représentants, Doc 54 2215/01, 12 December 2016, 3 [tr Michael McArdle]
<https://www.dekamer.be/FLWB/PDF/54/2215/54K2215001.pdf>:
by
which
the
immigration authorities were granted broader powers and the safeguards protecting the
individual(’s rights) were reduced. The legislative amendments were made with the specific
goal of strengthening public order and national security. The goal of this amendment was the
creation of a: ‘more coherent, transparent and effective deportation policy. Together, the
proposed changed should make it possible to take the required measures more easily and
quickly when public order or national security are threatened’.
See, eg, Visant à renforcer la lutte contre le terrorisme [Act to Reinforce the Fight against
Terrorism] (Belgium) Chamber des Représentants, Doc 54 1198/001, 22 June 2015, 4–8 (‘Act
to
Reinforce
the
Fight
against
Terrorism’)
<https://www.dekamer.be/FLWB/PDF/54/1198/54K1198001.pdf> [tr author], which
outlines amendments to Le code de la nationalité belge [Code of Belgian Nationality]
(Belgium) [tr author] (‘CBN’), was introduced immediately after the attacks on the
headquarters of the satirical journal, Charlie Hebdo, in Paris on 7 January 2015:
The recent events (referring to the attacks in Paris and the foiled attack in Belgium)
attest to the significant terrorist danger in Europe and our country … the particular
nature of terrorist crimes, which are, moreover, committed with special intent, justifies
a more severe and specific approach, including in relation to the possibility of
revocation of Belgian nationality.
In Belgium, only dual nationals who have acquired Belgian citizenship (ie who are migrants,
either first or second generation) are subjected to citizenship deprivation powers: CBN (n 5)
arts 23–23/2. In the United Kingdom, only naturalised citizens are subjected to citizenship
deprivation powers, even if they possess only one nationality: Immigration Act 2014 (UK) s
66.
Convention for the Protection of Human Rights and Fundamental Freedoms, opened for
signature 4 November 1950, ETS No.005 (entered into force 3 September 1953) (‘ECHR’).
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