Statelessness Working Paper Series No. 2017/7
June of this year. 17 President Trudeau’s infamous quote stresses the importance of unconditional
citizenship:
‘As soon as you make citizenship for some Canadians conditional on good behaviour, you devalue
citizenship for everyone. A Canadian is a Canadian. Is a Canadian (…) And by the way, there are penalties
for anyone convicted of (…) terrorism or an act of war or an offence against Canada. They end up locked up
in jail for the rest of their lives.’18
After the Bataclan attack in Paris, President Hollande proposed depriving dual nationals of their French
nationality after they commit offences that constitute a serious threat to the Nation. 19 The proposed
measure was subject to heavy criticism and the French Minister of Justice decided to resign as she
objected to the proposed measure.20 While there is an exponential rise in the adoption of administrative
measures to revoke nationality as a tool to counter terrorism, not all states turn to the adoption or use of
deprivation measures. In the US, for instance, no one can be deprived of their nationality. The U.S.
Supreme Court considers deprivation of citizenship “a form of punishment more primitive than torture.”21
States that have adopted deprivation measures largely ignore the negative impact of such measures on
the concept of equal citizenship and society.
This reflection addresses how the use of deprivation of citizenship results in the erosion of equal and
unconditional citizenship. Section 2 briefly explains how citizenship deprivation, unequal citizenship,
discrimination, and statelessness are interconnected. Section 3 looks at how deprivation of nationality is
regulated at international and regional level. It specifically focuses on the tensions in relevant
international law that either feed into or prevent the creation of hierarchy in sorts of citizenship. Where
relevant, it also pays attention to regional jurisprudence that further interprets equal citizenship. Section
4 elaborates on challenges with regards to citizenship revocation measures in the Netherlands. It assesses
different layers of discrimination hidden in current deprivation measures. Section 5 reflects on manners
in which political rhetoric on deprivation of nationality can (symbolically) affect society and the
relationship between citizens.
2. The interconnectedness between citizenship deprivation, inequality, statelessness and
discrimination
Before reflecting on whether citizenship deprivation can be discriminatory and how this relates to
international law on nationality matters, it is important to elaborate on links between citizenship
deprivation, unequal citizenship, discrimination and statelessness.
17
Parliament of Canada, LEGISinfo, C-6 An Act to amend the Citizenship Act and to make consequential amendments
to another Act, June 2017, http://www.parl.ca/LEGISInfo/BillDetails.aspx?Language=E&billId=8117654.
18
Soundcloud, Justin Trudeau’s explosive audio: “Terrorists should get to keep their Canadian citizenship, 2016,
https://soundcloud.com/tarek-fatah/justin-trudeaus-explosive-audio-terrorists-should-get-to-keep-their-canadiancitizenship.
19
France Diplomatie, Speech by the President of the Republic before a joint session of Parliament, Versailles
November 16, 2015, http://www.diplomatie.gouv.fr/en/french-foreign-policy/defence-security/parisattacks-paristerror-attacks-november-2015/article/speech-by-the-president-of-the-republic-before-a-joint-session-ofparliament.
20
The Guardian, French minister Christiane Taubira resigns after fallout over terror policy, 27 January, 2016,
https://www.theguardian.com/world/2016/jan/27/french-justice-minister-christiane-taubira-resigns.
21
United States Supreme Court 1958, No. 70, 1958 (Trop v. Dulles).
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