Immigration Article of the Day: The Return of Banishment: Do the New Denationalisation Policies Weaken Citizenship? by Audrey Macklin and Rainer Baubock
The Return of Banishment: Do the New Denationalisation Policies Weaken Citizenship? by Audrey Macklin, University of Toronto – Faculty of Law, and Rainer Baubock, European University Institute, February 2015 Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2015/14
Abstract: In this EUDO CITIZENSHIP Forum Debate, several authors discuss the growing trend in Europe and North America of using denationalisation of citizens as a counter-terrorism strategy. The deprivation of citizenship status, alongside passport revocation, and denial of re-admission to citizens returning from abroad, manifest the securitisation of citizenship. Britain leads in citizenship deprivation, but in 2014, Canada passed new citizenship-stripping legislation and France’s Conseil Constitutionnel recently upheld denaturalisation of dual citizens convicted of terrorism-related offences. In the wake of the ongoing crisis in Iraq and Syria, assorted legislators in Austria, Australia, the Netherlands, and the United States have expressed interest in enacting (or reviving) similar legislation. The contributors to the Forum Debate consider the normative justification for citizenship deprivation from a variety of disciplinary perspectives. There is relatively little disagreement among commentators about the limited instrumental value of citizenship revocation in enhancing national security, and more diversity in viewpoint about its significance for citizenship itself. The contributors discuss the characterisation of citizenship as right versus privilege, the relevance of statelessness and dual nationality, the relative merits of citizenship versus human rights as normative framework, and the expansiveness of banishment itself as a concept.
KJ