right to nationality, prescribes the avoidance of statelessness and prohibits arbitrary or discriminatory deprivation of nationality – significantly constraining the freedom of states to instrumentalise the loss of nationality. International counter-terrorism efforts meanwhile focus on the investigation, prosecution, rehabilitation and reintegration of individuals involved in terrorist activities, meaning that states are expected to take responsibility for their own citizens rather than exporting the security risk to a third country. The patterns and trends identified in the analysis of deprivation powers and their evolution are assessed against these international norms to identify key issues and explore the extent to which these have garnered the attention of relevant human rights bodies. Selected case studies are included in each section to illustrate particular issues that emerge from the analysis. The report concludes with a summary of the key issues of concern that this global survey has uncovered with regards to the instrumentalisation of citizenship stripping in the fight against terrorism. METHODOLOGY NOTE This report makes use of the GLOBALCIT Citizenship Law Dataset. This dataset includes information on the different ways in which nationality can be acquired and lost in 190 states, for the year 2020. It is organised around a comprehensive typology of 26 common grounds of acquisition of nationality and 15 common grounds of loss of nationality.8 Section 2 of the report draws directly on the information from this Dataset, which is publicly accessible and can be browsed online in interactive databases or explored by downloading the datafiles, available at: https://globalcit.eu/modes-loss-citizenship/. A list of all 190 countries covered by the Dataset, by world region, is included in Annex 1. Section 3 of the report takes a closer look at legislation that provides for loss of nationality due to disloyalty. For this analysis, the data with regard to the loss of nationality on grounds of disloyalty in the GLOBALCIT Citizenship Law Dataset for the year of 2020 (mode of loss L07), was updated to 1 January 2022. For the 134 countries with nationality deprivation on grounds of disloyalty, as of 1 January 2022, this information was also supplemented with additional data on statelessness protection mechanisms and the relevant deprivation authority. Annex 2 to this report provides extracts from the relevant articles of domestic nationality law, in force on 1 January 2022, and is available for download here. Section 4 of the report focuses in on what legislative changes have occurred specifically relating to disloyalty as a ground for deprivation of nationality since the year 2000. For this analysis, the main legal changes since 2000 in order to analyse the trend in citizenship stripping were coded, by comparing the legislation in force on 1 January 2000 and 1 January 2022. Annex 3 to this report provides an overview of the relevant changes, identifying the year of change and the type of change, and is available for download here. Section 5 of the report explores the recommendations issued within the UN Treaty Body system on nationality deprivation in relation to national security. The analysis covers the 37 countries that were identified as having introduced or expanded citizenship stripping powers between 2000 and 2022, looking at any recommendations issued to these states after the law was changed. It draws data from, among others, the Institute on Statelessness and Inclusion Database on Statelessness and Human Rights, available at: https://database. institutesi.org/. Annex 4 to this report provides extracts from relevant UN Treaty Body recommendations and is available for download here. Please note: The analysis of nationality deprivation powers in this report is based on the primary citizenship legislation in force in the state. It does not necessarily account for all secondary regulations or instructions that may influence the interpretation and application of such powers. Where information is available on state practice, the source is clearly referenced. ENDNOTES M. Gibney, ‘Deprivation of citizenship through a political lens’ in The World’s Stateless: Deprivation of nationality, (Institute on Statelessness and Inclusion 2020), p. 208. Citation reported in The Guardian, Theresa May strips citizenship from 20 Britons fighting in Syria, 23 December 2013, available at: https://www.theguardian.com/ politics/2013/dec/23/theresa-may-strips-citizenship-britons-syria. 3 Including UN Security Council Resolutions 1566 (8 October 2004) UN Doc S/RES/1566 (2004); 1624 (14 September 2005) UN Doc S/RES/1624 (2005). 4 Including UN Security Council Resolutions 2178 (24 September 2014) UN Doc S/RES/2178 (2014); 2396 (21 December 2017) UN Doc S/RES/2396 (2017). 5 E.g. UN Security Council Resolutions 1456 (20 January 2003) UN Doc S/RES/1456 (2003), 1566 (8 October 2004) UN Doc S/RES/1566 (2004), 1624 (14 September 2005) UN Doc S/RES/1624 (2005), 2178 (24 September 2014) UN Doc S/RES/2178 (2014). As well as: General Assembly Resolutions 72/180 (10 December 2017), UN Doc A/RES/72/180 and 72/284 (26 June 2018) UN Doc A/RES/72/284. This is not an exhaustive list. 6 cf CoE Committee on Legal Affairs and Human Rights (AS/Jur), ‘Withdrawing nationality as a measure to combat terrorism: a human rights-compatible approach? Report’, AS/Jur (2018) 49, para 49. 7 See, for instance, Third Report on the Situation of Human Rights in Chile, IACHR OEA/Ser/L/V/II.40, Doc 10, 11 February 1977, at. 80-1. States have a duty to (re) admit their nationals, which is a duty it does not owe to the individual concerned, but rather is “an international duty which it owes to its fellow-states”. Sir J. F. Williams, ‘Denationalization’ (1927), 8 British Yearbook of International Law 45, 55-6 (emphasis supplied) as cited in G. Goodwin-Gill, ‘Deprivation of Citizenship, Statelessness, and International Law’ (5 May 2014), available at: https://www.kaldorcentre.unsw.edu.au/sites/default/files/gsgg%204-deprivationcitizenship-moreauthority.pdf, p. 4. 8 M. Vink, L. van der Baaren, R. Bauböck, I. Honohan and B. Manby (2021). GLOBALCIT Citizenship Law Dataset, v1.0. Global Citizenship Observatory, available at https:// hdl.handle.net/1814/73190. See specifically information from modes of loss of citizenship L07, L03, L04 and L08. The data from the GLOBALCIT Citizenship Law Dataset – Modes of Loss of Citizenship can be explored at: https://globalcit.eu/modes-loss-citizenship/. For a discussion of the comparative typology of the Dataset, see L. van der Baaren and M. Vink, ‘Modes of acquisition and loss of citizenship around the world: comparative typology and main patterns in 2020’ (2021), GLOBALCIT Working Paper, EUI RSC, 2021/90, available at: https://hdl.handle.net/1814/73267. 1 2 7