Laura van Waas
has come under threat. For example, the secession of South Sudan left many at risk of statelessness, 12
while the denationalisation “Task Force” set up in the United States13 and the questioning of the status
of “Windrush generation” in the United Kingdom14 have heralded problems for minority groups in those
countries.
Even as compared to other times in history when (mass) deprivation of nationality was also
witnessed, such as in Syria in 1962 as set out in the Symposium contribution by Muhamad Alh,15 the
decade 2010 – 2019 stands out because it is further characterised by a renaissance of individualised
denationalisation. Journalists, political opponents and human rights defenders have been targeted, such
as in Bahrain where citizenship stripping has been heavily instrumentalised since 2012 on the pretext of
protecting national security.16 The increasing securitisation of citizenship policy is also evident in the
Symposium contribution by MaryAnne Iwara, which describes the difficulties in accessing proof of
citizenship status that have been encountered by returnees from abduction by Boko Haram in Nigeria.
Denationalisation has also been adopted as an explicit counter-terrorism strategy, with at least fifteen
countries amending their legislation over the course of the decade to expand executive or judiciary
powers to deprive a citizen of their nationality as a national security measure.17
Studying the mechanics of citizenship revocation
A central thread across the case studies in this Symposium, and evident in other situations of
denationalisation beyond these, is the manner in which citizenship revocation is enabled and
achieved through a trinity of law, bureaucracy and rhetoric. In all four of the country situations
presented, the authors point to some form of legal basis that either paved the way for or consolidated
the redrawing of the boundaries of the citizenry, to the exclusion of certain groups: the 1960 Citizenship
law of Nigeria that invokes the notion of “indigenous communities” with lasting implications on who is
treated as a citizen through the system of certificates of indigeneity, the 1962 Legislative Decree issued
in Syria that provided the foundation for the exceptional census of the same year that catalysed the
“Arabisation” of the Jazira region, the multiple citizenship law amendments in India through which a
shift towards a more exclusive an ethnic conception of citizenship has been achieved, and the notorious
1982 Citizenship Law of Myanmar which redefined citizenship to the exclusion of anyone not belonging
to official national ethnicities (taingyintha).
In each of the case studies, the role attributed to bureaucracy in the process of casting out citizens
stands out arguably more starkly than that of the legal frameworks themselves. Whether framed as
“citizenship determination procedures” as in the case of Assam in India, as a “population census” as in
the case of the Kurds of North East Syria or as a documentation project to “update” the system of identity
cards as in the case of the Rohingya, the authors of the case studies show that such exercises are neither
benignly administrative nor executed in a manner that accords with due process. The odds were stacked
12
UNHCR
(2017)
‘A
study
of
statelessness
in
South
Sudan’,
https://reliefweb.int/sites/reliefweb.int/files/resources/63857.pdf (accessed 3 November 2020).
13
Open Society Justice Initiative (2019) ‘Unmaking Americas. Insecure citizenship in the United States’, available at
https://www.justiceinitiative.org/uploads/e05c542e-0db4-40cc-a3ed-2d73abcfd37f/unmaking-americans-insecurecitizenship-in-the-united-states-report-20190916.pdf (accessed 3 November 2020).
14
Wray, H. (2018) ‘The ‘Windrush Generation’ and Citizenship’, Globalcit Blog, available at https://globalcit.eu/thewindrush-generation-and-citizenship/ (accessed 3 November 2020).
15
Other examples include several situations of mass denationalisation occurred during the 1980s: Feili Kurds in Iraq, Black
Mauritanians in Mauritania and Lhotshampas in Bhutan.
16
See for an overview of cases the civil society initiative I am Bahraini, available at https://www.anabahraini.org/ (accessed
3 November 2020).
17
Institute on Statelessness and Inclusion (2020) ‘The World’s Stateless: Deprivation of nationality’, available at
https://files.institutesi.org/WORLD's_STATELESS_2020.pdf (accessed 3 November 2020).
38
available
at
Robert Schuman Centre for Advanced Studies Working Papers