all persons.8 The experts also expressed concerned about deprivation having discriminatory effects. C. The UK’s international obligations 9. We are deeply concerned about prior UK government statements to the effect that ‘citizenship is a privilege, not a right’.9 Such sweeping statements are misleading and potentially harmful. The Universal Declaration on Human Rights (‘UDHR’) recognises that ‘everyone has the right to a nationality’.10 While this does not mean that everyone has the right to acquire any specific nationality, once nationality has been obtained, it is protected against arbitrary deprivation by international law. Further, while States have discretion to set the rules and criteria for the acquisition of nationality, such rules should not contravene basic international standards. 11 1961 Convention on the Reduction of Statelessness (‘1961 Convention’) 10. The UK is party to the 1961 Convention, which prohibits nationality deprivation if it renders a person stateless12 or is based on racial, ethnic, religious or political grounds.13 The 1961 Convention also requires that a person deprived of nationality be afforded a fair hearing by a court or other independent body.14 11. The UNHCR Guidelines on Statelessness No 5: Loss and Deprivation of Nationality 15 provide important guidance on the 1961 Convention. International Covenant on Civil and Political Rights (‘ICCPR’) 12. The UK is a party to the ICCPR, Article 24 (3) of which protects every child’s right to acquire a nationality (although the UK entered a reservation which remains concerning).16 The ICCPR also entitles everyone to a fair and public hearing by a competent, independent and impartial tribunal established by law in the determination of his or her rights and obligations 17 and to an effective remedy where his or her rights have been violated.18 The ICCPR also prohibits discrimination in the enjoyment of rights on grounds such as race, sex, religion and political or other opinion,19 and 8 Letter by the Mandates of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance; the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment; the Special Rapporteur on trafficking in persons, especially women and children and the Working Group on discrimination against women and girls to the UK government, (11 February 2022), available at: https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=27073. 9 New bill quietly gives powers to remove british citizenship without notice’ The Guardian (17 Nov 2021), available at: https://www.theguardian.com/politics/2021/nov/17/new-bill-quietly-gives-powers-to-remove-british-citizenship-without-notice. 10 Article 15 UDHR. 11 See Paras 7 & 8 of the Commentary to the Principles on Deprivation of Nationality as a National Security Measure, available at: https://files.institutesi.org/Principles_COMMENTARY.pdf. 12 Article 8 (1) 1961 Convention. 13 Article 9 1961 Convention. 14 Article 8 (4) 1961 Convention. 15 UN High Commissioner for Refugees (UNHCR), ‘Guidelines on Statelessness No. 5: Loss and Deprivation of Nationality under Articles 5-9 of the 1961 Convention on the Reduction of Statelessness’ (May 2020), HCR/GS/20/05, available at: https://www.refworld.org/docid/5ec5640c4.html. 16 The United Kingdom has entered reservations to Article 24(3) of the ICCPR regarding the right of every child to acquire a nationality: ‘The Government of the United Kingdom reserve the right to enact such nationality legislation as they may deem necessary from time to time to reserve the acquisition and possession of citizenship under such legislation to those having sufficient connection with the United Kingdom or any of its dependent territories and accordingly their acceptance of article 24 (3) and of the other provisions of the Covenant is subject to the provisions of any such legislation.’ See: https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=IV4&chapter=4&clang=_en. 17 Article 14 ICCPR. 18 Article 2 ICCPR. 19 Article 26 ICCPR. 3