ENDNOTES Note that all data provided in Section 3 of this report is based on an analysis of legislation in force on 1 January 2022, unless stated otherwise. Principles on Deprivation of Nationality as a National Security Measure (2020). Principle 5 provides that “States must not render any person stateless through deprivation of nationality”. See further Section 5. 3 The assessment of whether a person would be left without any nationality should not be made on the basis of one state’s interpretation of another state’s nationality law but rather should be informed by consultations with and written confirmation from the state in question. See further UNHCR, Guidelines on Statelessness No. 5: Loss and Deprivation of Nationality under Articles 5-9 of the 1961 Convention on the Reduction of Statelessness, (“UNHCR Guidelines No. 5”) (May 2020) available at: https://www.refworld.org/docid/5ec5640c4.html. 4 Special Immigration Appeals Commission, Shamima Begum v. The Secretary of State for the Home Department (7 February 2020), Appeal no. SC/163/2019, available at: https://www.judiciary.uk/wp-content/uploads/2020/02/begum-v-home-secretary-siac-judgment-1.pdf; BBC, ‘Shamima Begum will not be allowed here, Bangladesh says,’ BBC (21 February 2019), available at: https://www.bbc.com/news/uk-47312207. 5 U. Dahlin, ‘Institut: Tesfayes ministerium bruger ’meget tvivlsom’ fortolkning af konvention i lovforslag,’ Information (22 October 2019) [Danish], available at: https://www.information.dk/indland/2019/10/institut-tesfayes-ministerium-bruger-tvivlsom-fortolkning-konvention-lovforslag; Forslag til Lov om ændring af lov om dansk indfødsret, nr. 2020/1 LF 230 (4 May 2021) [Danish], available at: https://www.retsinformation.dk/eli/ft/202012L00230. 6 Institut for Menneskerettigheder, ‘Horingssvar over lovudkast om frakendelse af statsborgerskab for strafbare forhold, som er til alvorlig skade for Statens vitale interesser M.V.,’ (13 January 2022) [Danish], available at: https://bit.ly/3u5haAt. 7 Art. 75 BRA. 8 Afghanistan, Bahamas, Kuwait, Malaysia, Myanmar, Qatar, and Singapore. 9 Art. 11(3-4) QAT. 10 Art. 12 QAT. 11 Art. 10(2) BIS. 12 Art. 17(2)(a), 17(2)(e) ANG. 13 Principles on Deprivation of Nationality as a National Security Measure (2020), Principle 6. See further Section 5. 14 Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance (25 April 2018) A/ HRC/38/52, para. 57. 15 Jack Letts was stripped of his British citizenship, leaving him only with his Canadian nationality – a move which Canadian Public Safety Minister Ralph Goodale said “was an attempt by the United Kingdom to ‘off-lead’ its responsibilities in the case”. Reuters, ‘Canada says it will not help ‘Jihadi Jack’ come back to the country’ (21 August 2019), available at: https://www.reuters.com/article/us-canada-britain-islamist-idUSKCN1VA2BW. 16 See boxed text for details of the case, which draws information from the following reports: Morning Report, ‘Australia-NZ Diplomatic Incident over NZ Citizen Suspected of Terrorism Detained in Turkey, RNZ (17 February 2021), available at: https://www.rnz.co.nz/national/programmes/morningreport/ audio/2018783914/australia-nz-diplomatic-incident-over-nz-citizen-suspected-of-terrorism-detained-in-turkey; Al Jazeera, ‘Ardern Condemns Australia for Revoking ISIL Suspect’s Citizenship’, Al Jazeera (16 February 2021), available at: https://www.aljazeera.com/news/2021/2/16/ardern-slams-australia-forrevoking-isil-suspects-citizenship; NZ Herald, ‘'Isis bride' Suhayra Aden arrives in New Zealand; PM Jacinda Ardern says public safety 'an absolute priority'’, NZ Herald (21 August 2021), available at: https://www.nzherald.co.nz/nz/isis-bride-suhayra-aden-arrives-in-new-zealand-pm-jacinda-ardern-says-publicsafety-an-absolute-priority/AX3NQPOLLMJSLGNAXRBYX72CRI/. 17 Art. 18(2)(c) JOR. 18 Art. 26(b) NOR. 19 Art. 26 SVN. These include “1. if the person is a member of an organisation engaged in activities to overthrow the constitutional order of the Republic of Slovenia; 2. if the person is a member of foreign intelligence service and as such harms the interests of the Republic of Slovenia or if he/she harms such interests by serving under any government authority or organisation of a foreign state; 3. if the person is a persistent perpetrator of criminal offences prosecuted ex officio and of offences against the public order; 4. if the person, despite the appeal of the competent authority, refuses to carry out the duty of a citizen of the Republic of Slovenia prescribed by the Constitution and the law”. 20 Art. 40(4A)(b) GBR. 21 Principles on Deprivation of Nationality as a National Security Measure (2020). Principle 7.3 and 7.3.1 provide that “There must be a clear and clearly articulated legal basis for any deprivation of nationality. This requires inter alia that: […] The powers and criteria for deprivation of nationality are provided in law, publicly accessible, clear, precise, comprehensive and predictable in order to guarantee legal certainty”. See further Section 5. 22 Salam for Democracy and Human Rights, Institute for Statelessness and Inclusion, and the Hawiati MENA Statelessness Network, ‘Arbitrary Revocation of Nationality in Bahrain: A Tool of Oppression,’ (2021), available at: https://www.institutesi.org/year-of-action-resources/report-arbitrary-revocation-ofnationality-in-bahrain, p. 34. 23 ibid. 24 ibid. 25 See further EuroMed Human Rights Monitor, ‘Bahrain: Depriving children of those stripped of nationality from obtaining citizenship is inhumane,’ (8 September 2021), available at: https://euromedmonitor.org/en/article/4612/Bahrain:-Depriving-children-of-those-stripped-of-nationality-from-obtainingcitizenship-is-inhumane. 26 Art. 36B(1) AUS. 27 Art. 36B(1) AUS. 28 Principles on Deprivation of Nationality as a National Security Measure (2020). Principle 7.6.1 provides that “Deprivation of nationality for the purpose of national security must never be automatic by operation of the law”. See further Section 5. 29 Art. 15(1)(b) ALB. 30 Art. 15(3) ALB. 31 Art. 19(1) ALB. 32 Art. 19(2) ALB. 33 Art. 19(3) ALB. 34 Art. 33AA Australian Citizenship Act 2007, as introduced by Section 2 of the Australian Citizenship Amendment (Allegiance to Australia) Act 2015, available at: https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5507. 35 Art. 35(1) Australian Citizenship Act 2007, as amended by art. 4 of the Australian Citizenship Amendment (Allegiance to Australia) Act 2015, available at: https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5507. 36 Art. 35(2) Australian Citizenship Act 2007, as introduced by art. 4 of the Australian Citizenship Amendment (Allegiance to Australia) Act 2015, available at: https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5507. 37 The boxed text draws information from the following reports: P. Karp, ‘Woman stripped of Australian citizenship over alleged Isis role launches bid to overturn law,’ The Guardian (9 June 2020), available at: https://www.theguardian.com/australia-news/2020/jun/09/woman-stripped-of-australiancitizenship-over-alleged-isis-role-launches-bid-to-overturn-law; S. Maiden, ‘Kids of jihadi bride Zehra Duman may have lost right to claim Australian citizenship,’ The New Daily (9 October 2019), available at: https://thenewdaily.com.au/news/national/2019/10/09/kids-zehra-duman-citizenship-doubt/ 38 Parliamentary Joint Committee on Intelligence and Security, ‘Review of the renunciation by conduct and cessation provisions in the Australian Citizenship Act 2007,’ (2019), available at: https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Intelligence_and_Security/Citizenship2019/ Report; Independent National Security Legislation Monitor, ‘Report to the Attorney-General: Review of the operation, effectiveness and implications of terrorism-related citizenship loss provisions contained in the Australian Citizenship Act 2007,’ (2019), available at: https://www.inslm.gov.au/sites/default/ files/2019-11/INSLM%20Citizenship%20unclassified%20report%20FINAL.PDF; Australian Citizenship Amendment (Citizenship Cessation) Bill 2020, available at: https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6409 39 Principles on Deprivation of Nationality as a National Security Measure (2020). Principle 7.3.3 provides that “Deprivation of nationality must only be considered lawful if it is carried out by an appropriate and legally vested competent authority whose deprivation powers are clearly established by law”. See further Section 5. 40 Art. 3(1) TZA. 41 United Republic of Tanzania, ‘Government Portal: Ministries’, available at: https://www.tanzania.go.tz//directoryrecords/sub_dir/26. 1 2 21