FIG 3.2 DEPRIVATION OF NATIONALITY ON GROUNDS OF DISLOYALTY: SCOPE OF APPLICATION, 2022
no deprivation ground
deprivation based on disloyalty or treason
56 countries
134 countries
36 45
guards against statelessness, such that the citizenship of mono
nationals is secure while that of dual nationals is not. The targeting of dual nationals is also contentious because of the effect of
passing responsibility for someone who may pose a security risk
to the 'other' country of nationality – as demonstrated by the
response of Canada in the case of Jack Letts15 and New Zealand
in the case of Suhayra Aden.16
3.3. HOW ARE POWERS FRAMED AND HOW MUCH ROOM
FOR INTERPRETATION IS THERE?
A qualitative analysis of the legislative provisions relating to
deprivation of nationality for ‘disloyalty’, using various explorative
text analyses, provides a clearer picture of the breadth and scope
of these deprivation powers. It reveals, in particular, how the
terminology employed by states in defining deprivation powers
relating to disloyalty regularly relies on vague language. Such
vagueness may pertain directly to the concept of 'disloyalty' or to
other elements present in the framing of many of the legislative
provisions, such as the notions of 'acts against state security',
'harmful to (vital) state interests', or 'conducive to the public
good'.
Nearly half of the countries with deprivation powers relating to
disloyalty refer in rather general terms to acts against national
security in their provisions (62 countries), with the majority failing
to specify what precisely encompasses such acts. For example,
the 1954 Jordanian citizenship law, provides that:
(2) The Council of Ministers may, with the approval of
“ His
Majesty, declare that a Jordanian has lost Jordanian
nationality if: […] (c) He commits or attempts to commit
an act deemed to endanger the peace and security of
the State".17
The language of “vital state interests” is similarly prevalent –
slightly over half of countries make at least one reference to this
notion (69 countries). Here too, an issue of specification arises.
The 2005 Norwegian Citizenship Act, for instance, provides in
Article 26(b), that “the Ministry may, for reasons of fundamental
98 89
34%
66%
generally applies
only applies to naturalised citizens
national interests, make a decision on the loss of citizenship for a
person who also has another citizenship, and who has exhibited
conduct which may indicate that he or she will severely damage such
interests”.18 Any indication as to the nature of the conduct remains
absent. In contrast, the citizenship law of Slovenia also provides
for deprivation of nationality if a citizen’s “activities are harmful to
the international or other interests of the Republic of Slovenia”, but
it goes on to define a list of activities that fall within the scope of
this deprivation clause.19
In 27 countries – approximately one-fifth of those studied – the
notion of ‘conducive to the public good’ is contained in provisions
on deprivation of citizenship, but remains similarly undefined and
is typically subject to an element of discretion. This is the case,
for instance, in the United Kingdom, where Article 40(4A)(b) of
the 1981 British Nationality Act20 provides that nationality may
be deprived if:
Secretary of State is satisfied that the deprivation
“ …the
is conducive to the public good because the person,
while having that citizenship status, has conducted him
or herself in a manner which is seriously prejudicial to
the vital interests of the United Kingdom, any of the
Islands, or any British overseas territory …”
In this instance, the determination of what is conducive to the
public good and what encompasses conduct that is seriously
prejudicial to the vital interests of the state is left to the Secretary
of State and whether or not they are ‘satisfied’ that this is the
case.
Where terms remain undefined and their content is left to the
discretion of the authority charged with taking deprivation
decisions, questions may arise as to whether the law provides
enough specificity to ensure legal certainty – which can
otherwise render the deprivation of nationality arbitrary under
international law.21 There is also greater scope for the powers to
be ‘stretched’ or used abusively, as illustrated by the case study
of Bahrain.
BAHRAIN:
TARGETING OF HUMAN RIGHTS DEFENDERS WITH NATIONALITY REVOCATION FOR ‘SECURITY’ REASONS
The case of Bahrain represents a powerful example of how legislation introduced under the pretext of national security and
counterterrorism, can be weaponised against political opponents, dissidents and human rights defenders leading to their arbitrary
denial of citizenship. In 2011, during the height of the Arab Spring in the Middle East, protests erupted in the Kingdom of Bahrain.
Deeming these demonstrations to be a national security threat, the government reacted with a set of regressive reforms. It progressively
expanded the grounds for nationality deprivation and consolidated the power to deprive Bahrainis of nationality at the behest of the
Minister of Interior.
18
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