OTHER (NON-MILITARY) SERVICE TO A FOREIGN COUNTRY
Nationality can also be lost in response to other (non-military)
service to a foreign country – a ground present in the legislation of
75 countries (while 115 countries do not have such a provision).
In 45 of the states where this power exists, the loss provision
is generally applicable, while in 30 countries, it is restricted
to certain groups of nationals – again, usually nationals by
naturalisation.
These provisions traditionally only cover those who formally
take up a position in another state’s civil service, state agencies,
and/or certain international organisations. This may still give
states considerable leeway, as the explanatory memorandum
to the Austrian loss provision states that taking up a
governmental position in the private sector (e.g. in a privatised
government agency) can also result in the loss of nationality.37
Counterintuitively, while it is required that the person acts in a
manner that substantially damages the interests and reputation
of Austria, these acts do not have to be connected to the services
that the person provides to the other state.38 The provisions can
also be much broader in scope and may cover the provision of
services without taking up any official position. For example,
nationality of the United Arab Emirates can be lost if a person
has “acted for the benefit” of a hostile nation.39 Just as for military
service, the provisions are not necessarily limited to recognised
states and may also cover services provided to unrecognised
states.
Further conditions commonly apply to this ground of loss. In 21
countries,40 the provisions cover services provided to an enemy
state or a state with which the country is at war. For example,
nationals of Mali can lose their nationality on this ground if
they hold a position in a foreign service of a state that conducts
hostilities against Mali.41 In six countries,42 nationality can only
be lost on this ground if the service constitutes a threat to the
country. In Algeria, for example, the service must either be
incompatible with the person’s status as an Algerian national
or damaging to the Algerian State.43 In 18 countries, nationality
can only be lost on this ground if a person continues to provide
services to a foreign country after having been summoned to halt
these services. In six countries,44 a person can avoid the loss of
nationality by obtaining prior permission for providing services
to a foreign state.
It is important to note that these provisions are not always security
related. First of all, some countries also provide for the loss of
nationality for services to a foreign state that do not constitute
a security threat. For example, Azerbaijani nationality can be lost
if a person voluntarily serves in the state or municipal bodies
of a foreign country.45 In other countries, such as Papua-NewGuinea, taking up an elective office in a foreign state is sufficient
to lead to the loss of nationality. Such loss provisions are likely
based on principled objections against divided allegiance rather
than security concerns.
OTHER OFFENCES
The fourth security-related ground for loss of nationality is other
offences, generally encompassing certain specified offences that
do not amount to disloyalty or harm to the interests or security
of the state, or offences that are punished with a sentence that
surpasses a certain minimum threshold. For example, naturalised
nationals of Madagascar can be deprived of nationality if they
have been convicted in Madagascar or elsewhere for a crime
under Madagascan law and sentenced to imprisonment for a
duration of at least five years.46
The majority of countries do not provide for loss of nationality
due to other offences. A total of 112 have no such provision,
versus just 78 countries that do. In almost all cases (73 out of
12
78 countries), the provision is restricted to certain groups of
nationals – usually nationals by naturalisation. Only five countries
have a loss provision that is generally applicable to all citizens in
relation to other offences.
This ground for loss of nationality is very broad in nature, and the
provisions therefore vary greatly. In all countries, the provisions
contain certain restrictions; there is no country where any
offence can result in the loss of nationality. In approximately twothirds of the countries, a minimum sentence applies, meaning
that nationality can only be lost if a person is convicted to a
prison sentence of a certain duration. In 21 of these countries, a
minimum sentence of 12 months imprisonment applies, while in
five countries, a minimum sentence of either two or three years
imprisonment is required. Even though these minimum thresholds
are relatively low, in all except three of these cases, the loss of
nationality can only occur if the person has been convicted for
such an offence within a certain time limit, commonly a period
of five years after the acquisition of nationality. In 18 countries,
a higher minimum sentence of five years imprisonment applies.
In these cases, only a minority of five countries also apply a
time limit. Only one country, namely Vanuatu, applies a higher
minimum sentence, namely a prison sentence of at least 10
years (without a limitation in time). In approximately one-third
of the countries, nationality can only be lost for certain specified
offences. These specifications are usually broad in scope, stating
for example that it must be a ‘serious offence’ (South-Sudan) or an
offence involving fraud, dishonesty or moral turpitude (Gambia).
In a handful of countries, a combination of both restrictions
applies, meaning that nationality can be lost either for certain
specified offences or if a certain minimum sentence is surpassed.
Importantly, the majority of these countries require that a person
must be convicted for an offence and that the imposed sentence
is equal to or above the minimum sentence. However, in some
countries, it suffices that a person is convicted for an offence
that is punishable with at least the minimum sentence, which is a
significantly lower threshold. In addition to that, in a number of
countries, the provision does not explicitly require that a person
must be convicted. The Columbian provision, for example, states
that naturalisation can be revoked if a person has committed
a crime that may lead to extradition.47 Lastly, it is important
to note that not all of the provisions are security related. For
example, naturalised nationals of the Dominican Republic can
lose nationality if they behave immorally or act contrary to
public decency, which is arguably broader than security alone. In
countries in the MENA region, nationality can commonly be lost
if a naturalised national has been convicted for crimes against
honour or dishonourable crimes, which may also cover certain
punishable sexual acts (e.g. adultery).
2.3. WHAT OTHER NATIONALITY RULES
HAVE BEEN ‘SECURITISED’?
National security considerations have not only affected deprivation provisions, but also conditions for acquisition of nationality. States commonly aim to deter malevolent individuals from
acquiring nationality, for example by imposing certain character
conditions or excluding applicants who have committed certain
crimes in the past. Such requirements exist in 160 states for persons who want to acquire nationality through ordinary naturalisation. In 68 of these states, only a generic requirement without
any further specification exists – for instance requiring that the
person be of 'good character' or 'good behaviour'. In the other
92 states, the requirement is further specified and security-related language becomes visible. Various countries make explicit reference to interests of (national) security and public order,
which may impede acquisition of nationality, or even to terrorism
explicitly. In Turkey, for instance, a person must be of good morals, and not pose a threat to national security or public order to
be able to naturalise.48 In Portugal, naturalisation is not possible
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