FIG 3.3 DEPRIVATION OF NATIONALITY ON GROUNDS OF DISLOYALTY: PROCEDURE, 2022
no deprivation ground
deprivation based on disloyalty or treason
56 countries
134 countries
7
127
127
95%
deprivation by decision
sions became the subject of criticism and they were amended in
2020.38 The amendment revoked the renunciation clause, while
the citizenship cessation clause was amended in such a way that
citizenship is only be lost at the moment when the determination
of cessation is made by the authorities.
A further question that is of importance to understanding how
deprivation powers are applied in practice and how any room
for discretion might be used, is who holds the power to take the
decision to strip an individual of citizenship.39 For instance, is this
the executive or judicial branch of the state? For 121 out of the
127 states that actively withdraw nationality by decision (see
Section 3.4), the body responsible for deprivation of citizenship
could be derived, either from the legislative provisions directly
pertaining to deprivation or from related documents – as shown
in Figure 3.4.
A greater extent of knowledge on matters of citizenship may be
found in dedicated committees, such as the “Citizenship Commission” in Romania43 or the “National Citizenship and Immigration Board” in Uganda44, which hold the power to deprive in six
states. In four countries,45 such dedicated committees are not directly responsible for deprivation of nationality, but rather serve
as an advisory body to the authority that is ultimately in charge
of deprivation. For example, the 2011 Kenyan Citizenship and Immigration Act states that “the Cabinet
Secretary may, where there is sufficient proof and on
recommendation of the Citizenship Advisory Committee, revoke any citizenship acquired by registration”.46
FIG 3.4 DEPRIVATION OF NATIONALITY ON GROUNDS OF DISLOYALTY: RELEVANT AUTHORITY, 2022
deprivation based on disloyalty or treason
56 countries
134 countries
127
7
95%
deprivation by decision
47%
60
32%
41
11%
14
5%
automatic loss
Government / Head of State
Minister
Court
5%
6
Dedicated committee
5%
6
Unclear
In half of these states, the Head of State or Government, or another government body, is in charge of decision-making on nationality deprivation. In 30 countries, it is the Head of State or
Government; and in 30 other countries it is another government
body – either the Cabinet, or another central or even decentralised government authority.
On aggregate, ministers from various ministries are responsible
in 41 states, equating to around a third of countries where
deprivation happens by decision. As shown in Figure 3.5,
authority is commonly bestowed on ministers of Internal Affairs,
Migration, Justice, and National Security. In 14 countries,
however, however, while providing that 'the Minister' shall be
responsible for deprivation of citizenship, no specification as to
which minister is appointed to exercise this task is provided. The
Tanzanian Citizenship Act, for example, defines the minister that
is responsible for deprivation in Article 3(1) as “the Minister for
the time being responsible for matters relating to citizenship of the
United Republic”.40 No further information as to the responsible
20
automatic loss
minister is provided, however, in either the relevant legislation
nor on the government website.41 Overall, given the sectors of
specialisation of different ministers, it is not obvious that they
will necessarily possess extensive knowledge on the matter of
citizenship. This is also problematic when considering that, in an
additional 29 countries, nationality is withdrawn by other bodies
on the recommendation or advice of a minister. For instance, in
Oman, the 2014 Citizenship Law provides in Article 7 that “Omani
citizenship may only be granted, renounced, reacquired, withdrawn
or lost by virtue of a Royal Decree at the recommendation of the
Minister [of the Interior]”.42
3.5 WHICH AUTHORITY HOLDS THE POWER TO DEPRIVE?
no deprivation ground
7
5%
Courts and judicial bodies play a far more marginal role in deprivation processes. Just 14 countries
provide for deprivation of citizenship to be ordered
directly by a Court. In two additional countries, the
Court performs a 'check' on the decision to deprive
nationality before it takes effect. For instance, Article
25 of the French Civil Code provides that “an individual who has acquired the French nationality may be
declared, by decree adopted after assent of the Conseil
d’Etat, to have forfeited French nationality”.47 It is important to note, however, that this picture does not
take into account the possibility for deprivation decisions to be appealed after the fact, before a court,
or other remedies that may be available to a person
subsequent to the decision.
FIG 3.5 DEPRIVATION OF NATIONALITY ON GROUNDS OF DISLOYALTY: RELEVANT MINISTER, 2022
Deprivation decision
41 countries
Minister
14 countries (34%)
Minister (Unspecified)
14 countries (34%)
Ministry of Internal Affairs
6 countries (15%)
Ministry for Migration
5 countries (12%)
Ministry of Justice
2 countries (5%)
Ministry of National Security
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents