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The World's Stateless 2020 THE WORLD’S STATELESS DEPRIVATION OF NATIONALITY The Institute on Statelessness and Inclusion (ISI) is an independent non-proft organ- isation dedicated to promoting inclusive societies by realising and protecting the right to a nationality for all. Established in August 2014, ISI is the frst and only human rights NGO dedicated to working on statelessness at the global level. ISI is incorporated in the Netherlands, where it has Public Beneft Organisation (PBO) status. © Institute on Statelessness and Inclusion, March 2020 [email protected] - www.institutesi.org Cover photo © by David Kuko from Pexels ISBN: 9789082836660 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, translated or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission of the Institute on Statelessness and Inclusion. Whilst the authors, editors and publisher have tried to ensure the accuracy of this publication, the publisher, authors and editors cannot accept responsibility for any errors, omissions, misstatements, or mistakes and accept no responsibility for the use of the information presented in this work. Disclaimer: All contributions in this publication refect the views of their respective au- thors. They do not necessarily refect the views of the institutions they work for or are afliated with, nor of the Institute on Statelessness and Inclusion or the other authors who have contributed to this report. All text with no attribution has been drafted by and refects the views of the Institute on Statelessness and Inclusion. ACKNOWLEDGEMENTS | 1 To Stefanie Grant, founding chair of our Board, wise counsel and kind friend 2 | THE WORLD’S STATELESS 2020 TABLE OF CONTENTS ACKNOWLEDGEMENTS………………………………………………………………………………..5 PART I STATELESSNESS AROUND THE WORLD THE STATE OF STATELESSNESS IN THE WORLD IN 2020 INTRODUCTION…………………………………………………………………………………………………....11 ADDRESSING STATELESSNESS THROUGH UN HUMAN RIGHTS FRAMEWORKS………….………19 THE #IBELONG CAMPAIGN REACHES ITS MIDPOINT…………………………………………………….31 BY MELANIE J. KHANNA STATELESSNESS IN AFRICA ………………………………………………………………………………….39 STATELESSNESS IN THE AMERICAS…………………………………………...……………………………55 STATELESSNESS IN ASIA AND THE PACIFIC………………………………………………………………71 STATELESSNESS IN EUROPE…………………………………………………………………………………91 STATELESSNESS IN THE MIDDLE EAST AND NORTH AFRICA (MENA) …………………………....111 PART II DEPRIVATION OF NATIONALITY THE POWER TO DEPRIVE INTRODUCTION………………………………………………………………………………………………….131 STATE TERRORISM: REVOKING THE NATIONALITY OF CITIZENS IN BAHRAIN: AN AFFECTED PERSON’S PERSPECTIVE BY JAWAD FAIROOZ…………………………………………………………………………………………….139 DEPRIVATION OF NATIONALITY: A DIPLOMAT’S PERSPECTIVE BY LAETITIA VAN DEN ASSUM…………………………………………………………………………………143 STATELESSNESS AS SOCIAL OSTRACISM: A PSYCHOLOGIST’S PERSPECTIVE BY KIPLING D. WILLIAMS AND ANDREW HALES……………………………………………………………147 STATELESSNESS AND THE DEPRIVATION OF NATIONALITY: A HISTORIAN’S PERSPECTIVE BY LAURA ROBSON……………………………………………………………………………………………..151 INTERVIEW WITH TENDAYI ACHIUME INTERVIEWED BY AMANDA BROWN………………………………………………………………………….155 ARBITRARY DEPRIVATION OF NATIONALITY AS A MATTER OF INTERNATIONAL CRIMINAL LAW: AN INTERNATIONAL CRIMINAL PROSECUTOR’S PERSPECTIVE BY CÓMAN KENNY………………………………………………………………………………………………159 STATELESSNESS MOTIVATED BY NATIVISM, RACISM AND XENOPHOBIA: A COMPARISON OF MYANMAR, THE DOMINICAN REPUBLIC AND INDIA BY JOSÉ MARÍA ARRAIZA, MARINA ARRAIZA SHARIKOVA AND PHYU ZIN AYE……………………...163 WHY WE CONTINUE TO FIGHT FOR OUR RIGHT TO NATIONALITY IN THE DOMINICAN REPUBLIC AND HOW YOU CAN HELP: AN ACTIVIST’S PERSPECTIVE BY MOVEMENT RECONOCIDO: ANA MARÍA BELIQUE, ALFREDO OGUISTEN, ELENA LORAC AND PAOLA PELLETIER……………………………………………………………………...177 ‘EASY PRECEDENTS’ – FRAUD, DENATIONALISATION AND PERPETUAL SCRUTINY OF THE CITIZENSHIP QUESTION BY LAURA BINGHAM……………………………………………………………………………………………185 CITIZENSHIP DEPRIVATION: A PHILOSOPHER’S PERSPECTIVE BY CHRISTOPHER BERTRAM…………………………………………………………………………………..193 CITIZENSHIP ERASURE: THE ARBITRARY RETROACTIVE NON-RECOGNITION OF CITIZENSHIP BY BRONWEN MANBY…………………………………………………………………………………………..197 QUASI-LOSS OF NATIONALITY: SOME CRITICAL REFLECTIONS BY RENÉ DE GROOT…………………………………………………………………………………………….203 DEPRIVATION OF CITIZENSHIP THROUGH A POLITICAL LENS: A POLITICAL SCIENTIST’S PERSPECTIVE BY MATTHEW GIBNEY…………………………………………………………………………………………..207 EXPANDING DEPRIVATION OF NATIONALITY POWERS IN THE SECURITY CONTEXT: GLOBAL TRENDS………………………………………………………....211 DEPRIVATION OF NATIONALITYAS A COUNTER-TERRORISM MEASURE: A HUMAN RIGHTS AND SECURITY PERSPECTIVE BY CHRISTOPHE PAULUSSEN AND MARTIN SCHEININ…………………………………………………..223 CITIZENSHIP STRIPPING AS A SECURITY MEASURE – POLICY ISSUES AND THE “EFFECTIVENESS” QUESTION……………………………………………..227 DEPRIVATION OF NATIONALITY: A HUMAN RIGHTS PERSPECTIVE BY FATEH AZZAM………………………………………………………………………………………………..239 INTERNATIONAL LAW STANDARDS PERTAINING TO THE ARBITRARY DEPRIVATION OF NATIONALITY………………………………………………….243 DEPRIVATION OF CITIZENSHIP IN THE UK: A LITIGATOR’S PERSPECTIVE BY AMANDA WESTON…………………………………………………………………………………………..275 PRINCIPLES ON DEPRIVATION OF NATIONALITY AS A NATIONAL SECURITY MEASURE INTRODUCTION…………………………………………………………………………………………...281 PREAMBLE………………………………………………………………………………………………...285 PRINCIPLES ON DEPRIVATION OF NATIONALITY AS A NATIONAL SECURITY MEASURE……..287 ACKNOWLEDGEMENTS | 5 ACKNOWLEDGEMENTS This publication is a product of the generosity, goodwill and creativity of a multitude of people from around the world and all walks of life, who have contributed their time, expertise, skills, resources, stories, outputs and intellectual property towards it. Over two years ago, when we first started thinking about this report, the choice of thematic focus was an obvious one – both because of the urgency and importance of shining a spotlight on the practice of deprivation of nationality, and the wonderful partnership we had already developed with a few close allies in exploring this phenomenon, and ultimately, drafting the Principles on Deprivation of Nationality as a National Security Measure. We remain deeply indebted to Laura Bingham and her colleagues at Open Society Justice Initiative, Christophe Paulussen and his colleagues at the Asser Institute, and Claire Fourel and her colleagues at Ashurst LLP, for their extensive collaboration and contributions to the research, thinking and analysis that underlines much that is in this report. Indeed, a number of the chapters in Part Two, on global trends, international standards and the effectiveness of citizenship stripping, borrow directly from the research conducted in collaboration with these partners. We are also extremely grateful to the over 60 experts – leading academics, public prosecutors, UN officials, independent experts, NGO advocates, litigators and affected persons - from various fields including human rights, statelessness, security and counter-terrorism, refugee protection, child rights and migration, who advised us, reviewed draft text and guided us along a 30 month journey, which led to both the development of the Principles as well as the conceptualisation and delivery of this World’s Stateless Report. This report also casts a critical eye on situations of mass deprivation of nationality, targeting minority communities such as the Rohingya of Myanmar, Dominicans of Haitian origin and communities of Muslim and migrant heritage in Assam, India. Our own work on these (and many other similar contexts) has been informed and enriched by the courageous and tenacious activism and advocacy of human rights defenders, grass roots groups and NGOs operating in these countries. Through the report, we honour the work of these groups, including the many Rohingya activists who we collaborate with, such as those who joined our advocacy efforts before the Dutch parliament; groups working to counter discriminatory bureaucracies in Assam as well as our 125 NGO partners from around the world who showed solidarity with them in a joint statement; and groups such as Reconocido who continue to offer energy, creativity and commitment in the face of ever shrinking space in the Dominican Republic (and who contributed an essay to this report). 6 | THE WORLD’S STATELESS 2020 A special thank you to all our external contributors who have made this a richer, more diverse and insightful publication: Amanda Weston, Andrew Hales, Alfredo Oguisten, Anna Belique, Bronwen Manby, Christophe Paulussen, Christopher Bertram, Cóman Kenny, Elena Lorac, Fateh Azzam, Jawad Fairooz, Jose Arraiza, Kipling Williams, Laetitia van den Assum, Laura Bingham, Laura Robson, Marina Arraiza Shakirova, Martin Scheinin, Matthew Gibney, Melanie Khanna, Paola Quiñones, Phyu Zin Aye, Rene de Groot and Tendayi Achiume. Our thanks also to our NGO partners who reviewed and/or contributed to some of the regional chapters – Chris Nash and Nina Murray (Europe), Christoph Sperfeldt, Davina Wadley and Ravi Hemadri, (Asia and the Pacific), Azizbek Ashurov (Central Asia), Florencia Reggiardo (the Americas), Bronwen Manby and Liesl Muller (Africa), and Drewery Dyke and Thomas McGee (MENA). The report’s editorial team was made up of ISI staff, interns and volunteers. Laura van Waas and Amal de Chickera served as co-editors, conceptualising the report and its content, reviewing and editing both external and internal contributions and drafting the various introductory texts. Georgia Field served as assistant editor, with specific
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