4.3. WHERE HAVE DEPRIVATION POWERS
REMAINED UNCHANGED?
While the increasing instrumentalisation of nationality deprivation
powers as a national security or counter-terrorism measure has
gained significant attention in the media, in policy corridors
and among commentators, the reality is that the overwhelming
majority of countries have not amended nationality deprivation
powers relating to disloyalty. Comparing the legislation on the
books in 2000 with that in force on 1 January 2022, reveals
that 131 countries – i.e. over two thirds – have not passed any
substantive reforms. The short case studies of France, Sweden
and the Czech Republic offer concrete examples of resistance to
the introduction or expansion of deprivation powers in a region
that has otherwise seen a sweep of reforms (as set out in Section
4.4).
Among the other countries where nationality deprivation powers
remain unchanged are a number that have been significantly
affected by the ‘foreign fighter’ phenomenon in relation to ISIS in
Syria and Iraq. For instance, Tunisia is suggested to have had the
highest ratio of foreign fighters per capita in the world,18 and yet
citizenship deprivation has not been a feature of the response
to the challenge of dealing with returnees.19 Tunisia’s nationality
legislation remains unchanged and indeed the new Constitution
adopted in 2014 actually provides that “No citizen shall be deprived
of their nationality, exiled, extradited or prevented from returning to
their country”.20 Other countries that saw a significant number
of citizens join ISIS, but have similarly maintained their existing
stance on citizenship deprivation and not expanded their powers
include Jordan, Lebanon, Russia, China and Indonesia.
4.4. WHERE HAVE DEPRIVATION POWERS BEEN
NEWLY INTRODUCED OR EXPANDED?
Despite steps by some countries to repeal or restrict powers
to deprive citizens of nationality between 2000-2022, more
countries ventured in the opposite direction. 20 countries put in
place deprivation grounds relating to disloyalty where previously
there had been none,33 while a further 17 widened the scope of
existing grounds.34 Together, this means that one in five of the
countries introduced or expanded provisions to strip citizens of
nationality for reasons relating to 'disloyalty' – and in almost all
cases, national security or terrorism grounds were cited.
A further seven countries made amendments to their deprivation
provisions, however it was unclear whether the scope of the
amendments was such that powers were expanded, restricted
FRANCE, SWEDEN & THE CZECH REPUBLIC:
RESISTING EXPANSION OF DEPRIVATION POWERS
The longitudinal analysis of changes to nationality deprivation provisions relating to national security since 2000 uncovered a particular
prevalence of expanding powers in Europe. 18 of the 37 countries that either introduced or extended deprivation powers globally can
be found in Europe, with the cumulative result that close to 40% of European countries saw an increase in the scope of these powers.
However, the majority of states in Europe (over 60%) have resisted this trend. In several countries where politicians made public calls for
powers to be expanded or bills were even tabled in parliament to enact legislative change, these initiatives were defeated.
In France, the use of deprivation of citizenship as a counter-terrorism measure was introduced in 1996,21 as a direct response to a series
of bloody attacks on the Paris metro in the summer of 1995.22 Nationality can be revoked from a person who acquired it by naturalisation
or declaration following conviction for specified terrorist or national security related crimes. In 2015, following the Charlie Hebdo and
the Paris attacks23 – the latter being considered as the “deadliest terrorist attack in French history”24—President Francois Hollande
proposed that the French Constitution be amended through the Draft Constitutional Law on the “Protection of the Nation”.25 The
amendment aimed to allow the government to revoke the nationality of French citizens by birth who have been convicted of terrorist
acts (expanding the scope beyond naturalised citizens) and would also allow statelessness to result.26 While the National Assembly
supported the proposal, the bill was considered problematic by the Senate and ultimately the reform effort was abandoned. Since 2000,
only a minor amendment to the nationality deprivation powers was passed in France, extending the time limit after naturalisation for
deprivation of nationality in relation to terrorist acts from 10 years to 15. Moreover, while France is one of the largest source countries
of ‘foreign fighters’ in Europe, with an estimated 1910 people traveling from there to Iraq or Syria,27 nationality deprivation numbers are
low, with 16 reported cases between 2002 and 2020.28
Sweden is another European country that has seen a significant number of its citizens travel to Syria or Iraq – around 300 people,
similar to the Netherlands and Austria.29 This sparked debate in the media and among politicians on whether to withdraw nationality as
a national security measure, following the lead of other European countries. However, when calls were made to introduce nationality
deprivation powers in 201730 and again in 2019,31 key members of the government spoke out strongly against this proposal. Sweden
remains one of the 16 countries in Europe (56 globally) that has no deprivation powers relating to national security in force whatsoever.
In the Czech Republic, the Constitution explicitly protects citizens from involuntary loss of nationality (similarly to the constitutions of
Poland, Croatia and Slovakia). According to Article 12(2) of the Czech Constitution: “No person may be deprived of his citizenship against
his will”. In September 2016, making explicit reference to reports of Czech citizens traveling to Syria or Iraq to join the ISIS, the leader
of the SPD party called for a constitutional amendment that would allow nationality deprivation for cases of terrorism, treason or
cooperation with the enemy.32 However, it seems that this item did not even make it to the parliamentary agenda for the Chamber of
Deputies and the legislative procedure for an amendment never formally commenced. The constitutional protection against nationality
deprivation remains in force and the Czech Republic is another country with no deprivation powers on its books.
26
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