DEPRIVATION OF NATIONALITY IN THE UK IN A NATIONAL SECURITY CONTEXT BRIEFING 1: DEFINING THE ISSUE WATCH THE LECTURE BY PROFESSOR DEVYANI PRABHAT (UNIVERSITY OF BRISTOL) Post-World War II, the importance of protecting the institution of citizenship, and protecting those who had been stripped of their citizenship by authoritarian states, was self-evident. Citizenship stripping was no longer seen as democratic and the prohibition of arbitrary deprivation of nationality became anchored in human rights law. In the United Kingdom (UK), in the same year that the Universal Declaration of Human Rights which individuals could be deprived of their citizenship were narrowed under the British Nationality Act 1948, and these powers were rarely used. The last instance of citizenship stripping in the 20th century is understood to have been in 1973. Today, however, the policy has regained traction. Although most democratic states resist expanding these powers, 15+ countries, including the UK, have expanded governmental power to deprive citizens of their nationality in the last decade, asserting These powers have been increasingly implemented, with both major political parties in the UK contributing to their resurgence. The powers are used most often in relation to suspected or convicted terrorists, and mostly in cases where the individual has travelled abroad to attend terrorist training camps or has become associated with ISIS. These powers and their use raise concerns from the perspective of international law as well as with regard to “ IN ESSENCE, CANCELLATION OF CITIZENSHIP IS ABOUT AVOIDING THE ‘PROBLEM CITIZEN’. Professor Devyani Prabhat (University of Bristol) HOW MANY PEOPLE HAVE BEEN STRIPPED OF UK CITIZENSHIP? expansion of nationality deprivation powers in 2006, used them relatively sparingly, depriving 4 people of citizenship between 2006 and 2009. Since 2010, successive Conservative governments have deprived more than 150 people of citizenship, with a spike of 104 people in 2017 alone.* * The Independent, Shamima Begum: Number of people stripped of UK citizenship soars by 600% in a year (2019), here. FURTHER RESOURCES Principles on Deprivation of Nationality as a National Security Measure (2020) Draft Commentary to the Principles on Deprivation of Nationality as a National Security Measure (2020) Institute on Statelessness and Inclusion, The World’s Stateless: Deprivation of Nationality (2020) NATIONAL SECURITY – MORE OR LESS? National security experts tell us that citizenship deprivation ‘amounts to another means of (states) avoiding the tough, but the future’. The UK’s practice also undermines its international standing. Post-Brexit Britain aims to strengthen ties with the Commonwealth and wider world, so it is imperative that it is seen as a trustworthy partner which helps solve common global problem to other countries and may impede future prosecutions and convictions. This was also articulated in Canada’s statement in the wake of Jack Letts’ UK citizenship deprivation: Canada expressed disappointment “that the United Kingdom has taken this . ASSESSING UK NATIONALITY DEPRIVATION POWERS AGAINST INTERNATIONAL LAW STANDARDS In her lecture, Professor Prabhat raises various questions and concerns with regard to the UK powers for nationality deprivation. She highlights three aspects that also relate to the international law standards and limits on citizenship stripping. She says: “From a cancellation of citizenship perspective, there are three fair trial. The second is issues of statelessness, which come from being stripped of citizenship. And the third is implications of citizenship ethnic minority nationals.”