(c) notice under that subsection should not be given (i) in the interests of national security (ii) in the interests of the relationship between the United Kingdom and another country, or (iii) otherwise in the public interest. This provision could effectively dispense the UK authorities to inform citizens of the decision based on rather vague grounds and be contrary to the requirements of due process. This clause and its impact on access to fair trial would also further exacerbate the risk that the UK will be in breach of its obligations under Article 8 (4) of the 1961 Convention and Article 14 of the ICCPR when depriving people of citizenship on alleged national security or other grounds under Section 40 (2) of the British Nationality Act 1981 as expressed above. In addition, concerns are raised over the lack of suspensive effect of appeals. Individual must continue to enjoy nationality until such time as the appeal has been completed. Access to the appeals process may become problematic and related due process guarantees nullified if the loss or deprivation of nationality is not suspended and the former national, now alien, is expelled. 35 Concerns regarding deprivation of citizenship and Non-discrimination Deprivation of citizenship is also prohibited when it is irreconcilable with the prohibition of discrimination. The International Convention on the Elimination of All Forms of Racial Discrimination, ratified by your Excellency’s Government on 7 March 1969, prohibits both direct discrimination (“purposive or intentional discrimination”) and indirect discrimination (“discrimination in effect”) on the grounds of race, colour, descent or national or ethnic origin. 36 While Section 40 (2) of the British Nationality Act 1981 applies equally to all persons, we are concerned that the UK’s practice of depriving people of citizenship may have a disproportionate impact on people from non-white racial and ethnic backgrounds, and especially people from Muslim and migrant communities. This is also because they may be more likely to have or be eligible for another nationality. Information released by the media, based on a statistical analysis of data from the Office for National Statistics, has found that two in every five people from non-white backgrounds are likely to be eligible for the deprivation of their British nationality under Section 40 (2), compared with just one in 20 people categorised as white. 37 Such disproportionate impacts will likely constitute prohibited discrimination on the grounds of race, colour, descent, and national or ethnic origin, as well as other grounds such as religion. We are further concerned that the citizenship deprivation powers in the UK may be used disproportionately against people from Muslim communities. Several United Nations human rights experts have raised 35 36 37 ‘Human rights and arbitrary deprivation of nationality: Report of the Secretary General’, A/HRC/25/28 (2013), para. 33. UN Committee on the Elimination of Racial Discrimination, ‘CERD General Recommendation No. 32: The meaning and scope of special measures in the International Convention on the Elimination of All Forms of Racial Discrimination’ (2009), para. 7. Ben van der Merwe, ‘Exclusive: British citizenship of six million people could be jeopardised by Home Office plans’ New Statesman (01 December 2021). 8