On 1 January 2020, 129 countries had such a provision in place.
By 1 January 2022 this number had climbed to 134 (leaving just
56 states without such a power), following an upward trend since
the year 2000. The evolution of these powers is illustrated by the
case study of the United Kingdom below and discussed further
in Section 4 of the report.
THE UNITED KINGDOM:
A GLOBAL LEADER IN THE RACE TO THE BOTTOM
There has been a remarkable increase in the scope and use of
citizenship deprivation powers in the UK in the 21st century. The
powers were used for the first time in 33 years in 2006. Since
then, it is estimated that 175 citizens have been stripped of their
nationality on national security grounds.
Legislative developments allowing for easier deprivation of
citizenship have often been implemented in the aftermath of
events such as terror attacks (e.g. 9/11 and the 2005 London
bombing) or following highly publicised cases of individuals
linked to terrorism (such as Abu Hamza and Al-Jedda). This
suggests a symbolic purpose to this legislation rather than a basis
in purely security concerns.7 The cumulative effect of successive
amendments has been to expand powers, increase the scope of
who can be targeted, bestow more discretion upon the Home
Secretary in the use of nationality deprivation, weaken judicial
oversight and erode procedural protections.
In 2002, following 9/118 and the race riots,9 a white paper sought
to “develop a stronger understanding of what [British] citizenship
really means”,10 arguing that the threat of citizenship deprivation
would “make it clear that the UK is not prepared to welcome [people
involved in terrorism or war crimes] as its citizens”.11 Following this,
the law was amended to increase the discretion of the Home
Secretary through allowing deprivation if the person had done
anything “seriously prejudicial to the vital interests of the UK or a
British overseas territory”.12 Furthermore, powers were extended
to apply to UK citizens by birth, but the Home Secretary could not
make a deprivation order which would render a person stateless.
In 2004, the law was further amended to allow for deprivation
to take immediate effect, removing the suspensive right of
appeal.13 This was in response to the case of Abu Hamza, a
radical cleric who held dual British and Egyptian nationality.
The government tried to strip his nationality, but due a delay in
UK legal proceedings, and subsequent stripping of his Egyptian
nationality, it was illegal to also strip him of his British nationality
because that would render him stateless.14
Following the 2005 London attacks,15 there was increasing
pressure in the media to deal with ‘terrorist citizens’ and the
threshold was further lowered, allowing a person to be deprived
of their citizenship if this was “conducive to the public good”.16
In 2014, as a direct response to the case of Al-Jedda,17 the law was
amended again, allowing the Home Secretary to make an order
even where it would render a naturalised British citizen stateless
if they acted in a manner “seriously prejudicial to the vital interests
of the UK”, but only if there are “reasonable grounds” to believe
that the person can become a national of another country.18 The
purpose of the amendment was to address situations in which
the Home Secretary considers it in the “public good to deprive” an
individual of their citizenship (i.e. “the most important part of the
test” is satisfied), but had been prevented from doing so on the
grounds of statelessness - as was the case with Al-Jedda.
The 2021 Nationality and Borders Bill19 seeks to further diminish
procedural protection by allowing the Home Secretary to remove
10
TIMELINE OF REFORMS IN THE UK
1948 and 1964 – Nationality deprivation
grounds successively narrowed.
1973 – Last known use of deprivation
powers in the 20th century.
1981 – Basis of the current nationality
act. Nationality can be deprived from
a naturalised citizen if they have been
disloyal or assisted an enemy in war.
2002 – White paper entitled Secure
Borders, Safe Haven: Integration with
Diversity in Modern Britain identifies
‘promoting the importance of British
citizenship’ as a goal for Government,
including by ‘updating’ deprivation of
citizenship procedures.
2002 – Grounds of ‘disloyalty’ replaced
with deprivation where a citizen has
acted in a manner "seriously prejudicial
to vital interests of the UK". Deprivation
extended to UK citizens by birth, but
deprivation cannot lead to statelessness.
2004 – Suspensive right of appeal
removed, so deprivation has immediate
effect.
2006 – Threshold for deprivation
lowered from ‘seriously prejudicial to
vital interests of the UK’ to ‘conducive to
the public good’.
2014 – Power introduced to deprive
naturalised British citizens even if they
would be made stateless in the case
of acts "seriously prejudicial to the vital
interests of the UK". The Home Secretary
must have "reasonable grounds" to
believe that the person can become a
national of another country.
2017 – Peak in cases of nationality
deprivation: 104 citizens deprived in a
single year.
2021 – Proposed removal of the
requirement to give notice of
deprivation (‘clause 9’ of Nationality &
Borders Bill).
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