16. This submission draws heavily on the Principles, which are annexed to this submission, and the
Commentary to the Principles.
D. Impact of nationality deprivation
17. Depriving someone of nationality can have devastating permanent consequences for them, their
family and their community, and can disproportionately impact the enjoyment of a range of other
human rights. Without nationality, it can be difficult or impossible to access the rights,
entitlements and sense of belonging that come with being a national of a particular State. For
example, people deprived of nationality may lose the right to live in and travel freely into and
within the State – including living with their families – as well as access to healthcare, education
or employment opportunities.
18. In January 2022, ten people who were deprived of British nationality or whose family members
were deprived of British nationality wrote an open letter detailing some of the consequences they
and others have suffered as a result.31 These alleged consequences include being stranded outside
the UK; suffering detention, imprisonment, and torture; and summary execution. The letter also
alleged that many of the affected individuals’ children have been denied nationality and passports
in a practice they say amounts to ‘collective punishment’.
19. In a separate article, a person whose British nationality has now been reinstated after the Home
Office wrongfully deprived him of citizenship described being separated from his family for three
and a half years and being denied medical treatment.32
20. We are particularly concerned about the UK’s use of nationality deprivation powers against British
women detained in dire humanitarian conditions in camps in northeast Syria, often with their
young children. A 2021 report by RSI found that conditions in the camps cumulatively create pain
and suffering rising to the level of torture33 – a finding which has been supported by UN human
rights experts who refer to torture or cruel, inhuman or degrading treatment or punishment.34
Instead of removing British and former British nationals from the camps, the UK government has
maintained that it owes no obligation to repatriate those detained there. Instead, UK charity
Reprieve recently found that the UK has made nationality deprivation orders in respect of at least
19 of 25 British adults located in northeast Syria, including British women now detained in the
camps.35 This makes it extremely difficult – and in some cases impossible – for the women to
challenge the government’s decisions to deprive them of nationality and not to repatriate them
and their children. Thus, by depriving British women of their nationality, the UK is abandoning
them and their children in torturous and life-threatening conditions.
E. National law on nationality deprivation
Current state of the law
31
‘Joint Letter by Exiled Britons: Law allows Government to be judge, jury and executioner’ CAGE (12 Jan 2022), available at:
https://www.cage.ngo/joint-letter-by-exiled-brits-law-allows-government-to-be-judge-jury-and-executioner.
32 'Maximum Suffering.' A Man Stripped of His Citizenship Sheds Light on the Potential Impact of the U.K.’s Nationality Bill’ TIME (27 Jan
2022), available at: https://time.com/6146655/uk-citizenship-nationality-immigration-bill/.
33 Abandoned to Torture: Dehumanising rights violations gainst children and women in north east Syria’ Rights and Security International
(13 October 2021), available at: https://www.rightsandsecurity.org/action/research/entry/abandoned-to-torture-dehumanising-rightsviolations-against-children-and-women-in-northeast-syria.
34 ‘Canada: UN experts call for urgent repatriation of seriously ill woman from Syria camp’ OHCHR (10 February 2022), available at:
https://www.ohchr.org/en/press-releases/2022/02/canada-un-experts-call-urgent-repatriation-seriously-ill-woman-syria-camp.
35 ‘Trafficked to ISIS’ Reprieve (April 2021), available at: https://reprieve.org/wp-content/uploads/sites/2/2021/04/2021_04_30_PUBReprieve-Report-Trafficked-to-Syria-British-families-detained-in-Syria-after-being-trafficked-to-Islamic-State-1.pdf.
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