TABLE OF CONTENTS EXECUTIVE SUMMARY 1. 4 INTRODUCTION 6 METHODOLOGY NOTE 7 2. NATIONALITY DEPRIVATION POWERS: GLOBAL PATTERNS 8 2.1. HOW PREVALENT IS SECURITY-BASED DEPRIVATION OF NATIONALITY? 2.2. 8 WHAT IS THE SCOPE OF SECURITY-RELATED DEPRIVATION GROUNDS? Disloyalty Military service to a foreign country Other (non-military) service to a foreign country Other offences 8 9 11 12 12 2.3. WHAT OTHER NATIONALITY RULES HAVE BEEN ‘SECURITISED’? 12 3. A CLOSER LOOK AT NATIONALITY DEPRIVATION FOR ‘DISLOYALTY’ 3.1. CAN DEPRIVATION LEAD TO STATELESSNESS? 3.2. CAN ANY CITIZEN BE TARGETED FOR NATIONALITY DEPRIVATION? 16 3.3. HOW ARE POWERS FRAMED AND HOW MUCH ROOM FOR INTERPRETATION IS THERE? 18 3.4. CAN NATIONALITY BE LOST AUTOMATICALLY? 19 3.5. WHICH AUTHORITY HOLDS THE POWER TO DEPRIVE? 20 4. THE EVOLUTION OF NATIONALITY DEPRIVATION SINCE 2000 4.1. WHICH COUNTRIES DO NOT PROVIDE FOR DEPRIVATION FOR ‘DISLOYALTY’? 23 4.2. WHERE HAVE DEPRIVATION POWERS BEEN REPEALED OR RESTRICTED? 25 4.3. WHERE HAVE DEPRIVATION POWERS REMAINED UNCHANGED? 26 4.4. WHERE HAVE DEPRIVATION POWERS BEEN NEWLY INTRODUCED OR EXPANDED? 26 4.5. HOW HAVE DEPRIVATION POWERS BEEN USED IN PRACTICE SINCE 2000? 29 5. INTERNATIONAL STANDARDS AND RESPONSES TO EXPANDING DEPRIVATION POWERS 33 5.1. INTERNATIONAL LAW AND THE DEPRIVATION OF NATIONALITY AS A NATIONAL SECURITY MEASURE 33 5.2. STATELESSNESS 34 5.3. NON-DISCRIMINATION 34 5.4. ARBITRARINESS AND DUE PROCESS 35 6. CONCLUSION 16 16 23 38 CASE STUDIES THE UNITED KINGDOM (Section 2.2) 10 UKRAINE (Section 2.2) 11 BOSNIA AND HERZEGOVINA (Section 2.3) 13 BAHRAIN (Section 3.3) 18 CANADA (Section 4.2) 25 FRANCE, SWEDEN and the CZECH REPUBLIC (Section 4.3) 26 THE NETHERLANDS (Section 4.4) 28 3