A growing threat of terrorism has caused various states to sharpen anti-terrorism legislation. Correspondingly, citizenship laws have been adjusted as well. Numerous countries, such as the United Kingdom or the Netherlands, revoke the citizenship of a person if they are seen as a terrorist. While the Universal Declaration of Human Rights (UDHR) states that “everyone has right to a nationality” (Universal Declaration of Human Rights 1948), in practice people remain stateless, due to these anti-terrorism measures. In this essay, I will argue that nations should not deprive people of their citizenship in order to protect their respective populations. Moreover, I will substantiate my claim by illustrating that firstly, de facto, people can become stateless, which I will portray using the case of Shamima Begum, and secondly, populations are not protected, since statelessness results into an inability to locate a person, thus the threat is not diminished.
According to section 40 of the 1981 British Nationality Act (BNA), citizenship can be revoked if it is ‘conducive to the public good’ (BNA 1981. Section 40.2). Thus, in the United Kingdom, a citizen that is perceived as a threat, for example a terrorist, which The United Kingdom Terrorism Act of 2000 defines as an act that involves the use of threat to influence the government or advancing political, racial or ideological causes (Terrorism Act 2000. Section 1.1), moreover, terrorism entails serious violence against a person, property, endangering a person’s life, creating a risk to the health and safety of the public or interfering with or disrupting an electronic system (idem. Section 1.2), can lose its citizenship. However, citizenship may not be revoked, if this results in the statelessness of a person (BNA 1981. Section 40. 4A). Furthermore, in article 15 of the Universal Declaration of Human Rights (UDHR) it states that “everyone has a right to a nationality” (Universal Declaration of Human Rights 1948). Consequently, while states can deprive you of a citizenship, a person cannot become stateless, according to national law as well as the UDHR.
UK-born woman Shamima Begum is de facto stateless, which illustrates that the BNA is flawed. Begum went to Syria at age fifteen in 2015 with the intention to join ISIS (Bowcott 2020). As a consequence, the British government revoked Shamima Begum’s British nationality, stating that, since she has parents from Bangladesh, she has the right to a Bangladeshi passport and would thus not be stateless (ibid.). However, if Begum decides to go to Bangladesh she would most likely be hanged, due to her affiliations with ISIS (ibid.) Notwithstanding, The UK government does not have the authority to “interfere with nationality decisions of other states, and standards do not guarantee reacquisition of previously held nationality” (Mantu 34: 2018). Consequently, Shamima Begum remains de facto stateless and has lost an appeal earlier this year against the Home Office to regain her British citizenship (ibid.). Furthermore, Begum cannot appeal to her human rights of the UDHR as it is not legally binding and in European treaties, that countries such as the UK have ratified, reducing statelessness is mentioned, but these have little impact. (Hage, Waltermann and Akkermans 2017: 300). Therefore, Shamima Begum remains stateless, and thus her human rights are violated.
Additionally, the term ‘terrorist’ is contested. Shamima Begum is viewed as a terrorist, or at least as a threat, by the United Kingdom and Bangladesh, and revoking her citizenship is ‘conducive to public good’. Meanwhile, she resides in a refugee camp in Syria (Bowcott 2020) and it remains unclear if she is participating in any terroristic activities. Although she does not fit into the aforementioned description of a terrorist, the Terrorism Act of 2006 states moreover, that the encouragement (Terrorism Act 2006. Section 1.), preparation (idem. Section 5.) and training of terrorism (idem. Section 6.) is an offence. There is currently no evidence that Begum still has affiliations with ISIS, merely that she resides in Syria (Bowcott 2020), thus it remains unknown whether she is violating the aforementioned Terrorism Act and is a threat. However, Shamima Begum’s journey to Syria and marriage to an ISIS fighter (Bowcott 2020) results in a status as, what the UN Security Council Resolution in 2014 introduced as: a ‘Foreign Terrorist Fighter’ (FTF) (Nyamutata 2020: 9). This is defined as: “individuals who travel to a State other than their State of residence or nationality for the purpose of the perpetration, planning or preparation of, or participation in, terrorist acts or the providing or receiving of terrorist training, including in connection with armed conflict” (United Nations 2014: 6). As Matthias Borgers states: “it can be difficult to ascertain the degree to which specific behaviour in a specific case has the ability to seriously damage a country or an international organisation” (Borgers 2012: 73), therefore, it is difficult to determine if Begum is indeed still a threat, however, the UK continues to see her as an FTF and thus a threat to the security of its population. Consequently, Begum remains stateless.
The case of Shamima Begum illustrates how revoking citizenship conflicts with human rights apparent in the Universal Declaration of Human Rights. Her status as FTF has little evidence and in practice Begum is unable to become Bangladeshi. Therefore, it is not only unclear if the reason for revoking her citizenship is still justified, her human rights are violated. This portrays the complexity of citizenship law and illustrates that revoking citizenship should not be allowed in order to protect other citizens. Furthermore, Begum’s case shows that the law the BNA incorporated that should protect the human rights stated, namely that citizenship can merely be revoked if the respective person does not become stateless, is flawed, in reality, people, such as Shamima Begum, are unable to receive citizenship elsewhere. Moreover, as Shamima Begum resides in a refugee camp, the circumstances to prepare for her trial are challenging. She receives information via her parents and while she has been able to speak to a lawyer, legal aid has not been of the same quality as it would be if she resided in the UK (Bowcott 2020). This might endanger her right to a fair trial. Article 6 of the European Convention for Human Rights (ECHR), which the UK has ratified (coe.int), states that everyone is entitled to “adequate time and facilities for the preparation of his defence” (art. 6.3b ECHR). Her statelessness could thus also lead to a violation of her human right to a fair trial.
In addition to the violation of Begum’s human rights, the reason to revoke her citizenship, namely to protect the population of the UK is ambiguous. Although Begum is not in the UK anymore, if she is a threat, she has not disappeared. Due to her stateless status, she is not convicted, nor in prison, but remains free. Moreover, the UK does not know where Begum is and she was “discovered by journalists” (Bowcott 2020). Consequently, the threat that the UK is trying to diminish is not only still present, but also unlocated. Thus, if Begum decides to plan a terroristic attack on the UK, she could still do so, which would not be the case if she would go to prison in the UK, while remaining a British citizen. The United Kingdom liberates itself from any responsibilities of its former citizens, including sentencing any wrongdoings.
The issue of statelessness that Shamima Begum’s case exemplifies, is not restricted to the United Kingdom and Shamima Begum. In the Netherlands, for example, a similar approach regarding terrorists is implemented. Minister Madeleine van Toorenburg stated “They have distanced themselves from the Netherlands, thus we distance us from them” (Kouwenhoven 2019) and almost the entire second chamber agreed with her (ibid.). This illustrates that many more countries have taken a similar stance regarding citizenship and terrorism and all the aforementioned problems that come forth out of revoking someone’s citizenship apply to other states as well. Theresa May has stated that “citizenship is not a right, but a privilege” (Bridle 2020), which allows citizenship to become ‘weaponized’ (Bridle 2020), and as this essay illustrates, the punishment of revoking citizenship proves insufficient. It is thus attitudes that May’s and Toorenburg’s statements exemplify, that are part of the issue.
In conclusion, Shamima Begum’s case illustrates that revoking citizenship in order to protect the respective population is not the most optimal manner to diminish the threat of terrorism. Citizens can become stateless, even though this violates the UDHR as well as the BNA. Moreover, the human right to a fair trial is possibly violated due to the status of statelessness. Additionally, although these rights are violated and in theory people cannot become stateless, the UDHR is not legally binding and the BNA if flawed. Furthermore, revoking citizenship in order to protect the respective population is an insufficient measure to increase security and diminish terrorism. ‘Banning’ a terrorist does not result in their disappearance, rather in their unlocated presence. In order to combat terrorism is it thus crucial to change attitudes towards citizens that choose to take part in terroristic actions and punish these citizens in their respective countries.
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