international law.2 The Claimant expressly invokes the prohibition against the arbitrary
deprivation of nationality set out in Article 15(2) of the Universal Declaration of Human
Rights (“UDHR”).3 The Secretary of State, for her part, contests both the extent of that
prohibition and its relevance to SIAC’s preliminary determination.4
3.
On that basis, the UN Special Rapporteur understands there to be a dispute as to the scope
and relevance of Article 15(2) of the UDHR and the prohibition contained in that provision.
She seeks to assist the Court in its examination of this important issue by addressing the
genesis, status and content of the UK’s relevant public international law obligations.
B.
The Mandate’s interest in these proceedings
4.
Professor Ní Aoláin was appointed as UN Special Rapporteur in 2017. The mandate of the
UN Special Rapporteur is to gather, request, receive and exchange information on alleged
violations of human rights and fundamental freedoms while countering terrorism, and to
report regularly to the Human Rights Council and General Assembly about, among other
things, identified good policies and practices, as well as existing and emerging challenges and
present recommendations on ways and means to overcome them. The mandate was created
by the Commission on Human Rights (the predecessor of the Human Rights Council) in
Resolution 2005/80 and has been regularly renewed by State consensus since then. The role
of the mandate is to give concrete recommendations to States and other stakeholders on
the promotion and protection of human rights and fundamental freedoms while countering
terrorism. The mandate also identifies, exchanges and promotes best practices on measures
to counter terrorism that respect human rights and fundamental freedoms. In this context,
the mandate holder has submitted amicus curiae briefs to national and regional courts on
issues of human rights protection in the context of countering terrorism.
5.
The UN Special Rapporteur has a direct interest, and specific expertise, in the issues raised
in these proceedings. The mandate has consistently addressed the legal obligations that arise
in respect of women and children associated with the Islamic State and other non-state
groups operative in the northern Syrian Arab Republic and Iraq.5 A range of human rights
issues concerning women and children have been raised in interactive dialogues with the
General Assembly and the Human Rights Council (in 2017, 2018 and 2019). The Special
Rapporteur is a member of the UN Global Counter-Terrorism Coordination Compact
supported by the UN Office of Counter-Terrorism and was a member of the Working
Group that produced “Guidance to States on Human Rights-Compliant Responses to the Threat Posed
by Foreign Fighters” (2018). The UN Special Rapporteur has also taken a joint position with
the SRSG-SVC, SRSG-CAC and SRSG-VAC on the rights of children and the
2
Statement of Facts and Grounds (“SFG”), paras. 7(1), 41, 48.
3
SFG, para. 48.
4
Summary Grounds of Defence of the Secretary of State (“SGD”), para. 24.7 (including footnote 4).
5These
include in her country assessments concerning
(A/HRC/40/52/Add.5) and Kazakhstan (A/HRC/43/46/Add.1).
2
France
(A/HRC/40/52/Add.4),
Belgium