Prevalence and Historical Evolution of Arbitrary Deprivation of Nationality: Forced Migrations-Relocation, Evictions, Expulsion, Banishment

Ancient Civilizations: Banishment was common in ancient societies as a punishment for
crimes or as a political tool to eliminate competition or threats. For instance, in ancient Greece,
ostracism was a practice where citizens could vote to exile a person for ten years.Colonial Era: During colonization, banishment was used to control and marginalize indigenous
populations. European powers often exiled indigenous leaders to undermine local resistance. A
case in point was banishment of Indian Leaders to Andeman & Nicobar Islands in Indian Ocean
and famous banishment of the last Mogul Emperor Bahadur Shah Zafar to Burma by the
British.

Forced Migrations: Australian Aboriginees, Native Indian, Eskimos, in Canada & USA were
restricted to specific areas like reservations, (freedom of movement) forced migrations, removal
of native children from their parents for cultural assimilation via churches and boarding schools.
Overall, the history of minorities has many truncations of their human rights.

Totalitarian Regimes: In the 20th century, regimes like Stalin’s Soviet Union and Peoples
Republic of China, employed banishment as a mechanism of repression. Political prisoners
were often exiled to Gulags or remote areas.

Nomadic/Refugee Populations: In every continent of the world there are Nomadic and
Refugee populations some by choice and others by circumstance like The Roma, The Sahrawis,
Mongol, Rohingya, Karin, Bedouin, etc.

Contemporary Forms: In modern times, the concept of banishment can manifest in policies
such as deportation, forced migration as in the case of Native Indians in USA. Natives and
Eskimoo populations in Canada, and restrictions on movement, disproportionately affecting
minority communities, including migrants and refugees.

Arbitrary Deprivation of Nationality
Arbitrary deprivation of nationality occurs when an individual or group (in case of mass
deprivations) is stripped of their nationality by law, decree or practice, legally or de facto.
If the process of de-nationalization does not follow legal due process, (generally consisting of
notification of the action, legality and constitutionality of legal provisions, opportunity to
defend themselves with right to counsel, followed by a verdict of a court of competent
Jurisdiction, with the right to appeal the outcome of the legal process) it is considered Arbitrary
deprivation of nationality.

Laws, decrees, regulations and practices framed to deprive citizens of their nationality must not
only be in compliance of the constitution. Arbitrary deprivations of nationality are also
forbidden under international law, most human rights conventions, and international treaties.
Mechanisms of Disenfranchisement:

1. Legal Frameworks: Governments have the authority to form citizenship laws and regulation as
they see appropriate based on the outcome they desire. But such discretion is not unrestricted
or absolute. Laws pertaining to citizenship can’t be based on discriminatory criteria such as
origin, race, religion, ethnicity, political beliefs, caste or social status may not be used.

2. Judicial Practices: Courts may award or strip a person of their nationality but such actions
must be based on constitutionally valid laws, and approved procedures. Some of the lawful
reasons for deprivation of nationality are acquisition of nationality by fraudulent means, false
pretenses, treason against the state (espionage, collusion with enemies of state, aiding or
abetting over throw of a lawful government by force or by conspiracy). An individual may not
be denationalized if procedure would result in their becoming stateless.

3. State Regulations & Procedures:
State may not adopt any regulations, process, or practices not in accord with principles, and
spirit of law and constitution. Some practices like denial of identity may cause consequences
similar to denationalization. For example if denial of identity documents interferes with
employment, education, health services, freedom of movement (across national borders, or
within the country), forced relocation, migration or evictions or negatively impact welfare of
citizen’s family like child immunization, school enrollment etc. then it may be considered akin
to deprivation of nationality.
Modern Examples

1. United States: The internment of Japanese Americans during World War II is a significant
example of banishment where over 120,000 individuals, mostly of Japanese descent, were
forcibly relocated to internment camps.

2. Rohingya Crisis in Myanmar: The Rohingya, a Muslim minority, have faced systematic
banishment, with thousands being expelled from Myanmar to refugee camps in Bangladesh
amid violence and persecution.

3. Gulag System in the Soviet Union: During the Stalin era, many political dissidents, including
ethnic minorities and intellectuals, were exiled to labor camps in remote areas, effectively
banning them from society.

4. China’s Treatment of Uyghurs: The Chinese government has been accused of implementing
policies that lead to the forced relocation and cultural suppression of Uyghurs and other Muslim
minorities in Xinjiang, resembling modern forms of banishment through systemic oppression.

5. Deportation of Venezuelans: In recent years, many Venezuelans have faced deportation from
countries in Latin America, often due to xenophobic sentiments, which functionally acts as a
modern form of banishment.

6. Stranded Pakistanis: After surrender of Pakistan’s armed forces, the local Urdu-speaking
minority who aided abetted the forces were left behind and not allowed to return to Pakistan
under false pretenses.
What is Statelessness: A person who isn’t a citizen of any state, under operation of its laws is
called stateless, and their condition is statelessness. Citizenship is a right of every human
being regardless of their personal characteristics. It is guaranteed under nearly every human
rights convention and many multi-lateral treaties. Citizenship can only be taken away under
laws of the state, after following due process.
While the formal institution of banishment has diminished in many societies, its echoes like
arbitrary deprivation of nationality persist in various forms, particularly targeting minority
groups. The mechanisms to implement such practices often blend legal, social, and political
strategies, revealing the complex dynamics of power and marginalization. Modern history offers
numerous examples of how denationalization or banishment continues to affect vulnerable
populations, necessitating ongoing scrutiny and advocacy for human rights.