The introduction of this provision was justified by the government because “[g]lobal jihadism poses a substantial threat to the national
security of the Netherlands”53 and there was a need to deal with Dutch nationals who left the Netherlands to join jihadist groups in Syria
and Iraq (uitreizigers). The General Intelligence and Security Service (AIVD) estimates that a total of 300 people departed from the Netherlands to join jihadist groups in Syria and Iraq. Between 11 September 2017 and 6 May 2020 nationality was revoked under Article
14(4) DNA in 21 cases.54
Even as the introduction of this measure was being debated, concerns were raised about its necessity and effectiveness. The AIVD was
doubtful of the practical utility of the measure and of the effect on national security because terrorist activity can continue and clandestine return to the Netherlands remains possible. The Netherlands Institute for Human Rights also pointed out that “since withdrawal of
Dutch citizenship is limited to persons who have dual or multiple nationality, the measure makes only a very limited contribution to enhancing
national security”.55 The provision was ultimately adopted with a sunset clause, such that it would expire in 2022, unless legislation is
passed to extend it. An evaluation of the measure was furthermore mandated, which could inform the decision as to whether or not to
extend the power.
In 2020, two comprehensive evaluations of Article 14(4) DNA were carried out: by the Dutch Review Committee on the Intelligence
and Security Services (CTIVD)56 and by the Research and Documentation Centre (WODC).57 Neither evaluation provided evidence of
the effectiveness of the measure. On the contrary, the CTIVD reiterated that it is “uncertain whether the measure will have the desired
effect of preventing return of uitreizigers”. The WODC admits that the question as to whether Article 14(4) has contributed to a decrease
in the threat of terrorist activities by members of jihadi organisations on Dutch territory and thereby an increase in the degree of
national security, “cannot be answered”. At the same time, the evaluations show that the public prosecutor (OM) views deprivation of
Dutch nationality as an encroachment on prosecution interests. Also, deprivation of nationality does not guarantee that the person will
not return: in two cases in which people whose nationality had been deprived, Turkey nevertheless unilaterally decided to deport them
directly to the Netherlands.58
Despite inconclusive evaluations and criticism of the measure, a proposal was submitted to parliament in October 2021 to permanently
embed the nationality deprivation powers in the law. However, after extensive debate on questions of (counter-)effectiveness, necessity
and proportionality of the measure, as well as its effect on national and international security, parliament decided that the power would
not to be made permanent. Instead, the power is extended for another five years and made subject to further evaluations, as well as
CTIVD supervision.59 This will ensure continued scrutiny of the controversial powers and their use.
4.5. HOW HAVE DEPRIVATION POWERS
BEEN USED IN PRACTICE SINCE 2000?
There has yet to be a comprehensive study of how often
nationality deprivation powers have been used globally as a
national security measure. Publicly available data that could offer
an insight into state practice is scarce. Few governments issue
information on the use of these powers and reporting by the
press tends to be tied to specific announcements of deprivation
decisions or focused on a select number of individual cases that
have gained notoriety. It is therefore difficult to discern what the
full extent of the application of deprivation powers is.
It goes beyond the scope of this report to attempt to fill this data
gap. However, what data could be readily identified is compiled
in the black box. Note that these figures have been extracted
from an array of different (types of) sources and were issued
at different times, and therefore may not represent the full
picture for each country. Nevertheless, the data suggests that,
in practice, nationality deprivation powers have been deployed
against a relatively small number of citizens. Only in Bahrain60
and the United Kingdom61 do the numbers reported exceed more
than a few dozen people – often even less.
For many of the countries where powers were introduced or
expanded since 2000, there do not (yet) appear to be any reports
of deprivation cases – despite the fact that some of these reforms
were passed with considerable political fanfare as a ‘show of
strength’ in the fight against international terrorism. Moreover,
several of the countries that introduced deprivation powers
specifically in the context of concerns about how to respond
to citizens traveling to Syria or Iraq to join ISIS subsequently
refrained from using them in practice, instead adopting other
policies towards these ‘foreign fighters’.
This is apparent in Central Asia, identified as “the third biggest
source of foreign fighters to Iraq and Syria, and if the outflow is
calculated per capita, based on ICSR report data, it is comparable
to that of the largest contributors such as Turkey, Tunisia, Jordan,
Russia, and Saudi Arabia”.72 Azerbaijan, Kyrgyzstan, Uzbekistan
and Kazakhstan all introduced deprivation powers into their
laws between 2015-2017. All of these states were initially
focused on protecting against the perceived threat of returning
‘foreign fighters’. Kyrgyzstan even held a referendum to reform
its constitution in order to pave the way for the introduction
of this measure. However, there was subsequently a policy
434
BAHRAIN62
212
UK63
60
UNITED ARAB EMIRATES64
52
BELGIUM65
21
NETHERLANDS66
16
FRANCE67
12
AUSTRALIA68
6
DENMARK69
2
ESTONIA70
1
AUSTRIA71
29
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents