Based on a longitudinal study of how these deprivation powers evolved between 2000 and 2022,
the report concludes that:
There is a clear trend of
increased prevalence and
greater applicability of
nationality deprivation
based on broadly defined
‘disloyalty’ security concerns. 37 countries added
new grounds for nationality
deprivation that relate to
national security or counter-terrorism – equating to 1
in 5 countries studied. Half
of these did not have any
such powers on the books
in 2000.
In half of the countries
introducing new deprivation
powers these are explicitly
linked to terrorism –
providing for the possibility
of stripping a person
of citizenship following
conviction for a terrorist act
that is sanctioned under the
state’s criminal law or for
nationality deprivation if a
citizen joins a terrorist group
even without a conviction.
Europe is the epicentre of
the expansion of securitybased deprivation powers
(18 countries), followed
by the MENA region (8
countries). There is mixed
picture in Africa, Asia Pacific
and the Americas – some
states increased deprivation
powers, while others limited
them.
15 countries repealed
or constrained existing
powers over the same
period – an important but
smaller counter-trend as
compared to the number
that expanded their powers.
In Canada, nationality
deprivation grounds were
repealed just three years
after their introduction.
Readily available information on the use, in practice, of security-based nationality deprivation across states
reveals some interesting details about the implementation of these powers:
Lack of reporting on data
makes it hard to gauge
how much the measure has
actually been used. The few
available statistics suggest
that the numbers affected
are low. Cases are in the
tens, or less, with the exception of Bahrain (434 cases)
and the UK (212 cases).
Some states – such as
in Central Asia – that
introduced nationality
deprivation to address
the perceived threat of
‘foreign fighters’ returning
from Syria and Iraq, do not
appear to have used these
powers, instead focusing on
repatriation, rehabilitation
and de-radicalisation.
International law protects the right to a nationality, prescribes
the avoidance of statelessness and prohibits arbitrary or discriminatory deprivation of nationality, significantly constraining the
freedom of states to instrumentalise the loss of nationality. The
report shows that when evolving state policy and practice is held
up against these international norms – synthesised in the Principles on Deprivation of Nationality as a National Security Measure – a variety of problems arise, such as a high risk of violation
of the principle of non-discrimination. A number of UN mandate
holders and human rights treaty bodies have engaged with this
issue, expressing concern about certain facets of the expansion
of state powers and their application. However, there is significant room for improvement in the measure of attention devoted
by human rights monitoring bodies to nationality deprivation,
given the troubling global picture revealed in this report.
This global study highlights major concerns that come with instrumentalising citizenship in the fight against terrorism. Doing
Concrete, individual cases
expose a variety of complex
outcomes following nationality deprivation, including: expulsion back to the
country of former nationality; limbo in the country of
former nationality due to
obstacles to deportation;
and burdening a third country, such as Turkey, because
there is nowhere to send
the denationalised person
to. Nationality deprivation is
not an easy 'fix' to the complex challenge of combatting
international terrorism.
so a) undermines the security of the most fundamental legal
status one can obtain – a nationality, which is also protected as
a human right; b) is often implemented without sufficient procedural protections or safeguards against statelessness; c) in
practice leads to arbitrariness, second-class citizenship and discrimination against minorities; d) threatens the international legal order and relations between states, by passing the problem
of dealing with a possible security risk to another state instead
of each state taking responsibility for its own citizens; e) risks
normalising denationalisation as a legitimate power for states to
hold over their citizens, with a knock-on impact for efforts internationally to protect right to nationality and prevent statelessness. In light of this and of security experts’ warnings that this
measure is counterproductive to the fight against international
terrorism, it is imperative to call a moratorium on the use of citizenship stripping as a national security measure and for states
to urgently revisit whether it is appropriate to keep these powers
on their books.
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