4
THE EVOLUTION OF
NATIONALITY DEPRIVATION
SINCE 2000
Since the terrorist attacks of 9/11 in the United States, a wide
range of policy measures have been adopted by states globally
to fight the ‘war on terrorism’. Further efforts to bolster (inter)
national security were prompted by subsequent attacks and
bombings – including in London, Madrid, Brussels, Paris and
Berlin – as well as the rise and then fall of ISIS in Syria and Iraq.
The “legislative fever”1 with which numerous governments have
responded to contemporary terrorism threats has included
the adoption or expansion of nationality deprivation powers.
Citizenship has thereby become another policy area to be
impacted by the evolution of “exceptionalist” counter-terrorism
measures.2
This section of the report maps out the global trends emerging
since 9/11. It looks more closely at the following questions: In
which countries is deprivation for disloyalty not possible and
which countries have reeled in their powers (by narrowing the
grounds on which they can deprive nationality or abandoning
them altogether)? Where has legislation remained unchanged?
And finally, where has the power to deprive citizens of their
nationality been extended or newly introduced, and how have
these deprivation powers been used in practice?
The analysis again covers 190 countries and focuses in on
what legislative changes have occurred specifically relating to
disloyalty as a ground for deprivation of nationality since the year
2000. By comparing the legislation in force on 1 January 2000
and 1 January 2022, it offers an insight into the main longitudinal
trends during this period. As shown in Figure 4.1, the overall
picture is mixed, although a clear majority of states have not
amended their legislation. It should be noted that by measuring
only two moments in time, the analysis does not capture reforms
that came into effect after 2000 but were repealed again before
2022 – an example of which is offered through the case study
of Canada in Section 4.2. Nor does the discussion provide a
fully itinerated account of each individual change that states
made to their legislation during this period. In reality, numerous
states made successive amendments, adding new language
incrementally – as illustrated by the case studies of the United
Kingdom in Section 2.2 and the Netherlands in Section 4.4.
4.1. WHICH COUNTRIES DO NOT PROVIDE FOR
DEPRIVATION FOR ‘DISLOYALTY’?
On 1 January 2000, there were 67 countries without provisions
in their law enabling deprivation of nationality for disloyalty. By
1 January 2020, this number had dropped to 61, and as of 1
January 2022, it had fallen further to 56 – as shown in Figure
4.1. Notwithstanding this general trend, the fact that 30% of the
countries do not provide for citizenship stripping for disloyalty
shows that it is by no means a universally accepted practice.
Breaking down the picture by region, significant disparities
become evident. As shown in Figure 4.2, The Americas is the
region where deprivation powers relating to disloyalty are least
prevalent – 43% do not make provision for this in their legislation.
In Europe and the Asia Pacific region, approximately a third of
countries have no deprivation powers relating to disloyalty in
place. In Africa, the proportion of countries without such powers
falls to one in five; while in the MENA region there is only one
country (out of 18 analysed) that does not provide for nationality
deprivation for disloyalty.
In some countries, the absence of disloyalty or other security-related loss grounds can be explained by the fact that nationals
are constitutionally protected against the (involuntary) loss of
nationality – in particular in the Americas and in Europe. For example, Article 53 of the 1993 Constitution of Peru states that
“Peruvian nationality is not lost, except by express renunciation before a Peruvian authority”. As a consequence, Peruvian nationality
cannot be lost on security-related grounds either. Similar provisions are in place, for example, in the Constitutions of Costa
Rica,3 Panama,4 and Paraguay;5 but also European countries like
Croatia,6 the Czech Republic,7 Poland,8 and Slovakia9 have similar
constitutional provisions in place. Such constitutional protections prevent states from instrumentalising nationality for policy
aims.
FIG 4.1 COUNTRIES WITHOUT NATIONALITY DEPRIVATION FOR DISLOYALTY
As of 1 January 2022
56
1 January 2022
67
1 January 2000
Argentina
Armenia
Bolivia
Burundi
Cambodia
Canada
Cabo Verde
Chile
China
Democratic Republic
of the Congo
Costa Rica
Croatia
Cuba
Czech Republic
Ecuador
Eswatini
Ethiopia
Georgia
Guatemala
Hungary
Iceland
Iran
Japan
Liberia
Luxembourg
Mexico
Micronesia
Mongolia
Mozambique
Nepal
North Korea
North Macedonia
Palau
Panama
Papua New Guinea
Paraguay
Peru
Poland
Portugal
Russia
Serbia
Slovakia
South Africa
Spain
Sri Lanka
Suriname
Sweden
Taiwan
Tajikistan
Trinidad and Tobago
Turkmenistan
Tuvalu
Ukraine
Uruguay
Vanuatu
Zambia
23
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