54. International law prohibits deprivation of nationality based on discriminatory grounds, including race, colour, ethnicity, social origin, religion, sex or language (Article 9 1961 Convention, Article 26 ICCPR, and Article 5 Convention on the Elimination of Racial Discrimination, among others). 55. We are concerned about the inherent discriminatory potential of the UK’s nationality-stripping powers, given their vagueness and the lack of independent authorisation, as well as the disproportionate impact of the powers, in practice, on people from non-white racial and ethnic backgrounds – especially people from Muslim and migrant communities. The dangers of inbuilt discrimination in deprivation powers has been recognised by other states such as Chile72 and Canada.73 Both countries have recently repealed legislation allowing deprivation of nationality of dual citizens due to concerns that such provisions violate anti-discrimination norms. 56. We are concerned that the difference in treatment between naturalised British citizens (who can be rendered stateless under Section 40 (4A) BNA), and British-born citizens (who cannot be rendered stateless, according to Section 40 (4) BNA) amounts to direct discrimination on the basis of national or social origin, and indirect discrimination on the basis of racial, ethnic or religious grounds. 57. In addition, we are concerned that the difference in treatment between British-born nationals with potential dual nationality (who may be deprived of their British nationality on the basis that to do so would not leave them stateless) and British-born nationals without another potential nationality (who may not be deprived of their British nationality as doing so would leave them stateless) amounts to indirect discrimination. 58. In effect, domestic legislation creates three tiers of nationality: (1) British-born mono-nationals, who have the most secure citizenship, (2) British-born and naturalised dual-nationals, who may be deprived of citizenship on the basis that they will not be rendered stateless, and (3) naturalised British citizens who have no other nationality, who may be rendered stateless through nationality deprivation. 59. As a result, nationality deprivation is likely to disproportionately affect people from non-white racial and ethnic backgrounds, as they are more likely to have or be eligible for another nationality based on their parents’ or grandparents’ country of origin.74 A statistical analysis by the New Statesman of data released by the Office for National Statistics found that two in five people from a non-white ethnic background (41%) are likely to be eligible for nationality deprivation under the UK’s current laws and policies, compared with only one in 20 people the government classifies as white (5%).75 60. In addition, although the government has never published deprivation figures disaggregated by ethnicity or religion, the Bureau of Investigative Journalism found in February 2013 that 16 of the 72 Institute on Statelessness and Inclusion & Global Citizenship Observatory (2022), available at: https://files.institutesi.org/Instrumentalising_Citizenship_Global_Trends_Report.pdf. p. 25. 73 Benton and Bonalescu-Bogdan, ‘Foreign fighters: Will revoking citizenship mitigate the threat?’ (April 2019) Migration Policy Institute, available at: https://www.migrationpolicy.org/article/foreign-fighters-will-revoking-citizenship-mitigate-threat.; Forcese, ‘A tale of two citizenships: citizenship revocation for “traitors and terrorists”’ (2019), Queens Law Journal 39:2, available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2434594. 74 JCHR 24th report of 2005-06, Appendix 4, available at: https://publications.parliament.uk/pa/jt200506/jtselect/jtrights/240/24013.htm, para 68. 75 ‘British Citizenship of six million people could be jeopardised by Home Office Plans’ New Statesman (1 December 2021), available at: https://www.newstatesman.com/politics/2021/12/exclusive-british-citizenship-of-six-million-people-could-be-jeopardised-by-homeoffice-plans?mc_cid=d501f0a75a&mc_eid=UNIQID. 12