Statelessness Working Paper Series No. 2017/7
legislation.9 These measures leave persons with more than one nationality in a more precarious situation.
‘Bad’ or undesired behaviour can lead to denationalisation. While a second nationality remains in place in
theory, in practice denationalisation can have far-reaching consequences. It can result in forced expulsion,
as denationalised people would be unlawfully residing in the territory, and the inability to enjoy private
and family life since they are unable to lawfully return to the country of previous residence and therefore
separated from their family. 10 Some states even apply derivative denationalisation, stripping nationality
from children and/or spouse which puts them at risk of statelessness. Also, a person’s other nationality
may not be effective, for instance, in ensuring diplomatic protection while being abroad.11
Further, some states have nationality deprivation measures without a safeguard against statelessness
(e.g. Indonesia, Turkey, and Bahrain).12 Risks of statelessness also exists if one of the two states has a
safeguard against statelessness. For instance, a person is a Dutch national at birth and a naturalised citizen
of South-Africa for three years. The person is stripped of Dutch nationality due to involvement in
terrorism. The South African Citizenship Act states that: “The Minister may by order deprive any South
African citizen, by registration or naturalisation, of his South African citizenship if he is satisfied that such
citizen (...) within five years of the date of the grant of the certificate of registration or naturalisation, has
been sentenced in any country to a period of imprisonment of not less than twelve months or to a fine of
not less than one hundred pounds or the equivalent thereof”.13 Statelessness can arise if the competent
Minister of South Africa also decides to denaturalise the person.
Besides provisions on withdrawal of citizenship to protect national security—which could entail terrorism,
attacking the royal family, and other crimes that come with a jail sentence of a certain number of years—
many states globally regulate revocation of nationality if said nationality has been acquired in a fraudulent
manner.14 Deprivation is also used as a tool to exclude large groups of people, such as the Rohingya and
persons of Haitian descent in the Dominican Republic.15 In both situations, statelessness is a consequence.
Being left without any nationality means lacking legal identity. Not having a nationality hinders the
enjoyment of fundamental human rights such as health care and education, despite the goal of human
rights being accessible for all. Being stateless means being invisible and can result in increased risks of
various human rights violations, including human trafficking and torture. Forced expatriation, arbitrary
detention, and discrimination are not uncommon among the estimated 10 million stateless people
worldwide.16
While many countries implemented grounds for denationalisation, others heavily criticise deprivation
policies targeting specific citizens or deprivation of nationality as a whole. Canada repealed Bill C-24 that
regulated deprivation of citizenship for dual nationals if convicted of terrorism, espionage or treason in
9
Australian Citizenship Act 1948, Article 21(b); Federal Law NO. 62-FZ of May 31, 2002 on Russian Federation
Citizenship, Article 4; British Nationality Act 1981, Article 40.
10
This could be the country of which the person previously had a nationality or a third country if a person migrated.
11
UN Human Rights Council, Human rights and arbitrary deprivation of nationality: Report of the Secretary-General,
19 December 2013, A/HRC/25/28.
12
Bahraini Citizenship Act 1963, Article 10 and Royal Decree No 8; [Indonesia] Law No. 15/2003 on the Eradication
of Terrorism. Article 12B.
13
South African Citizenship Act, 2 September 1949, Article 19(d).
14
See for instance: the EUDO CITIZENSHIP Global Database on Modes of Loss of Citizenship: http://eudocitizenship.eu/databases/modes-of-loss.
15
Stories of the stateless in Myanmar and the Dominican Republic can also be found in: G. Constantine, Nowhere
People, 2015, Nowhere People Book Series.
16
A. Edwards & L. van Waas, Introduction, Nationality and Statelessness under International Law, 2014 (eds. A.
Edwards & L. van Waas), Cambridge University Press, p. 1.
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