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64-582: The Bantu Homelands Citizenship Act, 1970 (Act No. 26 of 1970; subsequently renamed the Black States Citizenship Act, 1970 and the National States Citizenship Act, 1970 ) was a denaturalization law passed during the apartheid era of South Africa that allocated various tribes/nations of black South Africans as citizens of their traditional black tribal "homelands," or Bantustans . The following

128-582: A referendum . Formal negotiations began in December 1991 at the Convention for a Democratic South Africa (CODESA). The parties agreed on a process, whereby a negotiated transitional constitution would provide for an elected constitutional assembly to draw up a permanent constitution. The CODESA negotiations broke down, however, after the second plenary session in May 1992. One of the major points of dispute

192-537: A conviction for a terrorism-related crime; in other jurisdictions, a conviction is not required and few individuals denaturalized have been convicted of a crime. In the scholarly literature, it is disputed that denaturalization is an effective counterterrorism tactic. Critics argue that it can lead to additional marginalization and further radicalization of the affected individual or their community. According to counterterrorism researcher David Malet, "Osama Bin Laden

256-532: A dozen European Union countries provide for denaturalization if a citizen resides abroad for an extended period. Some countries provide for the automatic loss of nationality if a person joins a foreign military or civil service or holds public office in a different country. Other countries forbid their nationals from holding multiple citizenship , so if a person acquires citizenship of a different country, they are automatically denaturalized. Until 1918, most countries denaturalized women who married foreigners. In

320-553: A forgery or alteration; prints or produces a document; issues a document without authority; incorrect records information and make false statements. Defines the rights, after conviction of person for offence under section 10(1)(b and d), to confiscate the instruments uses to forge and reproduce a document or citizenship certificate, except in the case where the owner of those instruments did not know what they were being used for. Defines what sections of Criminal Procedures Act applies to confiscations detailed in section 10(2)(b). Defines

384-611: A neutral or Axis country were often protected from deportation and death while those who were stateless were at increased risk. Vichy France denaturalized 15,000 people, including 6,000 Jews, in order to "purify the national community"; 1,000 of these denaturalized Jews were murdered. The Vichy denaturalization law was abrogated after the end of the war. Jews in Hungary, Romania, French Algeria, and Italy also were stripped of their citizenship. At least eight million Germans were expelled and denaturalized after World War II. During

448-487: A person classified to a particular homeland or self-governing territory has the right to vote there. Defines that even though a person is a citizen of a particular homeland or self-governing territory, they were still a citizen of the Republic in relation to international law. Defines that duties, obligation or responsibilities of a person classified to a homeland or self-governing territory are not relieved of except what

512-443: Is Exhibit A of the folly of stripping a foreign fighter ’s citizenship and then washing your hands and assuming the individual is no longer your problem." Another consequence of denaturalization is worsening relations with third countries who view it as an illegitimate attempt to export terrorism risks. In Iraq, suspected Islamic State militants (including foreign fighters) are often subjected to ten-minute trials that often result in

576-568: Is a brief description of the sections of the Bantu Homelands Citizenship Act of 1970: Defines the explanations of keywords in the Act. Defines that there is a citizenship for every homeland or self-governing territory. Defines that every Black person in the Republic, if not already classified to a homeland or self-governing territory, shall be a citizen of one of these homelands or self-governing territory. Defines that

640-548: Is a citizen of a homeland or self-governing territory, a provisional certificate issue if a full certificate can't be issued immediately and that requirements be made known by whatever means to Black people in the Republic Defines the forms, photographs, and information required to be issued a certificate as well as what homeland or self-governing territory they belonged too. Defines the need for two photographs for certificate to be issued, one of which would remain with

704-605: Is a serious human rights issue. Some have argued that denaturalization resulting in statelessness is never compatible with international human rights law . Denaturalization resulting in statelessness is contrary to the 1961 Convention on the Reduction of Statelessness , unless the nationality was obtained through fraud or the state filed a declaration at the time of ratification noting existing laws prescribing denaturalization for rendering services for, or received emoluments from, another state, or conduct that seriously prejudices

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768-522: Is abroad raises additional issues with the right to personal security and de facto denial of the right to appeal the decision. This method is preferred by the British government because it minimizes accountability and in most cases is successful at permanently removing the person from British territory. The "Principles on Deprivation of Nationality as a National Security Measure" state that in general, "States shall not deprive persons of nationality for

832-570: Is cited by authoritarian states that employ denaturalization as a tool of political repression . Denaturalization is sometimes used against people accused of terrorism or taking up arms on behalf of another state. Examples include some international volunteers in the Spanish Civil War and citizens of some Arab states, including Osama bin Laden , who fought in the Soviet–Afghan War . Denaturalization on this basis expanded during

896-496: Is conducive to the public good". The broadness of this provision has been the subject of widespread public criticism, and its use is not restricted cases where the individual is argued to be a threat to national security. Macklin states that the law "enables revocation where the state lacks the substantive or evidentiary basis to prosecute the individual for committing any crime". In her book The Origins of Totalitarianism (1951), philosopher Hannah Arendt linked nationality to

960-441: Is described by the Act. Defines the citizenship procedures of a Black person is currently in a homeland or self-governing territory. Defines the loss of citizenship of one homeland or self-governing territory if they become a citizen of another. Defines that a Black people in a homeland or self-governing territory shall be entitled to a citizenship certificate. Defines that the certificate would be issued to any Black person who

1024-460: Is effective loss of citizenship in the absence of a formal withdrawal. An example is temporary exclusion orders that some countries issue in order to bar their own nationals from entry, or passport revocation that is used to the same effect. Hundreds of citizens of various European countries, as of 2021 , are stranded in the Middle East because their government refuses to repatriate them in

1088-659: Is little-known, however, leading to many " Lost Canadians ," including persons residing in Canada, who lose their citizenship. These individuals also cannot pass on their citizenship to their children, which can result in statelessness at birth. According to the Immigration, Asylum and Nationality Act 2006 , the Home Secretary can revoke British nationality if "the Secretary of State is satisfied that such deprivation

1152-460: Is often justified on grounds such as: citizenship as a privilege that can be revoked at any time by the government; "those whose actions demonstrate disloyalty forfeit citizenship through those actions; terrorists do not deserve citizenship; citizenship is devalued when undeserving people hold citizenship, and its value is enhanced by stripping it from undeserving citizens". Denaturalization is therefore accompanied by discourse of securitization and

1216-655: The Soviet Union in 1921. In the Western world, denaturalization virtually disappeared after World War II . Attempts to denaturalize Japanese Americans and Japanese Canadians en masse in the aftermath of the war failed due to unfavorable court rulings and changes in public opinion. Court rulings in France and the United States limited the discretionary power of denaturalization. One argument advanced for

1280-489: The Sudetenland , which had been annexed to Germany in 1938. The same year, Poland, which was trying to reduce its Jewish population, passed a law that denaturalized Polish Jews living abroad. In the United States, citizenship had long been restricted to free whites and those of African descent. A number of Indian emigrants gained American citizenship during the early 20th century by qualifying as white . However,

1344-495: The death penalty . Turkey has rejected hosting foreign fighters denaturalized by European countries, and managed to deport denaturalized Europeans back to their countries of origin. In 2019, US Department of Homeland Security has employed the software ATLAS, which run on Amazon Cloud . It scanned more than 16.5 million of records of naturalized Americans and flagged approximately 124.000 of them for manual analysis and review by USCIS officers regarding denaturalization. Some of

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1408-669: The naturalization process. According to legal scholar Audrey Macklin , "The logic of citizenship revocation for fraud or misrepresentation is that it unwinds the effect of the misleading conduct and restores the situation that would have been obtained had the truth been disclosed." Denaturalization for fraud is the least controversial form of denaturalization, even when it results of statelessness. Cases of denaturalization of naturalized Americans and Canadians who had committed war crimes during World War II and lied on their applications for naturalization attracted widespread media attention, but were relatively rare. As of 2014 , more than

1472-466: The " right to have rights ". In 1955, she argued that "No state, no matter how draconian its law, should have the right to deprive citizenship." Political scientist Patrick Weil and legal scholar Nicholas Handler write that "the right to be secure in one's citizenship has been a cornerstone of the postwar European liberal political order". Because it interferes with the right to nationality , recognized by multiple international treaties, denaturalization

1536-540: The "unmixing of peoples", (a process of ethnic and national "dissimilation" ) involving mass expulsions, de facto denaturalization, and relegation of ethnic minorities to second-class citizenship . Following the Armenian genocide , Turkey continued the policy of ethnic homogenization in Anatolia by denaturalizing Armenians, Assyrians or Syriacs , Greeks, and Jews who were abroad, and sometimes those who remained in

1600-836: The 1923 Supreme Court case United States v. Bhagat Singh Thind found that Indians were legally non-white and could not be considered citizens. As a result, the US government moved to strip naturalized Indian-Americans of their citizenship, arguing that it had been "illegally procured." A number of denaturalization cases went forward, including against Thind 's lawyer, a Californian named Sakharam Ganesh Pandit . However, Pandit successfully argued that he had reasonably relied upon his American citizenship and he would be unjustly harmed by its removal, winning his case in court. The federal government subsequently dropped its denaturalization cases against other Indian-Americans. The 1933 German denaturalization law  [ de ] initially envisioned

1664-610: The Bantu (Abolition of Passes and Co-ordination of Documents) Act 67 of 1952 be substituted with the text of this section, which defines the establishment of a Bantu Reference Bureau. Defines that section 8 of the Transkei Constitution Act 48 of 1963 be substituted with the text of this section, defining the loss of citizenship if the citizen of the Transkei becomes a citizen of another country or Homeland. Defines

1728-484: The Erased ". Latvia and Estonia's denaturalization of ethnic Russians denied citizenship to as much as a third of the population. By the 21st century, denaturalization on racial grounds became severely stigmatized. Beginning in 2013, an estimated 200,000 Dominican citizens of Haitian descent have been retroactively denaturalized in a measure that drew international criticism because it was motivated by desire to reduce

1792-611: The Population Registration Act 30 of 1950 with the text of this section, rights, and duties of a peace officer to have a person furnish them with their full name and address. Defines that section 7 of the Bantu Authorities Act 68 of 1951 be amended with the removal and addition of the word "and" at the end of (f) and (g) and the addition of a new section (h), which defines the ability to issue certificates of citizenship. Defines that section 11 of

1856-617: The Soviet Union—amongst a group of over 200 "aliens" in 1920. Legal historian Julia Rose Kraut states "ideological deportation and denaturalization punish foreigners in the United States for their beliefs, associations, and expressions through expulsion or the threat of expulsion". This government retaliation against conduct protected by the First Amendment has been criticized as unconstitutional and led to court challenges. The use of denaturalization by liberal democracies

1920-538: The abolition of apartheid . It also introduced an entrenched bill of rights against which legislation and government action could be tested, and created the Constitutional Court with broad powers of judicial review . An integral part of the negotiations to end apartheid in South Africa was the creation of a new, non-discriminatory constitution for the country. One of the major disputed issues

1984-634: The absence of formal denaturalization. Alternately, some countries have effectively abdicated responsibility for their citizens held in indefinite detention in Guantanamo Bay . In many African countries and elsewhere, including the Dominican Republic and Texas , officials deliberately deny the required documentation to people entitled to citizenship, which can have similar consequences as denaturalization. Other children are not registered at birth for logistical reasons. Denaturalization

Bantu Homelands Citizenship Act, 1970 - Misplaced Pages Continue

2048-441: The belief that threats to security come from outside of the nation. The targets of denaturalization are presented as foreign even when they were born and raised in the country that stripped their citizenship. In liberal democratic states, denaturalization has always been rare, when compared to the number of naturalizations or even more so the number of citizens. The Romanian Jews were denaturalized between 1864 and 1879 during

2112-399: The case, and the country that they would be deported to may refuse to accept them, for example if it does not recognize them as a citizen. Denaturalization of a person who is abroad usually prevents them from returning to the country. When applied to entire ethnic groups, denaturalization is often used as part of an attempt to encourage people to leave the country. In the past, statelessness

2176-536: The contested process of Jewish emancipation in Romania, which led to an international outcry and specific protections for Romanian Jews in the 1878 Treaty of Berlin . In Austria-Hungary, Romani people were often targeted with arbitrary deprivation of citizenship. The disintegration of the Austro-Hungarian , Russian, and Ottoman Empires after World War I and their replacement by nation-states led to

2240-599: The country. All of the people ethnically cleansed during the Greek–Turkish population exchange lost their original nationality. Turkish denaturalization of ethnic minorities was formalized by a series of decrees in the 1920s and 1930s, and continued through World War II. By 1943, 93 percent of those denaturalized were Turkish Jews, putting them at high risk of dying during the Holocaust . The Second Czechoslovak Republic denaturalized Jews who fled or were expelled from

2304-649: The country. The denaturalization of the Rohingya , an ethnic group in Myanmar , according to the Burma Citizenship Act of 1982 , left them stateless and is cited as a constitutive element of the Rohingya genocide . Several post-Communist countries denaturalized people who did not belong to the dominant ethnic group during the collapse of the Eastern Bloc . In Slovenia, these people are known as "

2368-432: The decade after World War I, eighteen countries ended the mandatory loss of citizenship for married women. Some countries continue to denaturalize women who marry foreigners, which can result in statelessness. Similarly, Canada denaturalizes those born abroad to Canadian parents after the age of 28. Before they turn 28, persons born outside of Canada can reaffirm their citizenship to prevent denaturalization. This provision

2432-484: The decrease in denaturalization is the increase in human rights norms and growing legal protection against statelessness. The United Kingdom, which has a high rate of denaturalization in the twenty-first century, did not denaturalize anyone between 1973 and 2002. In 2002, it changed the laws so that the Home Secretary could denaturalize individuals without passing through an independent review process prior to

2496-555: The denaturalization of a few political dissidents living outside the country. All German Jews lost their citizenship rights in 1935 and those who emigrated were denaturalized en masse , often to make it easier to confiscate their property . Most contemporaries agreed that Nazi Germany's use of denaturalization did not contravene international law. In 1941, all Jewish emigres and German Jews who were deported to Nazi ghettos or concentration camps were also denaturalized. In German-occupied Europe , Jews who retained citizenship in

2560-406: The denaturalization of naturalized citizens, exempting those who are citizens from birth. Denaturalization while abroad, while intended to prevent return, does not affect the third country's right to return the person to the denationalizing state. Other human rights that can be violated as a result of denaturalization include non-refoulement and ne bis in idem . Deprivation while a person

2624-491: The denaturalization taking effect. After the law was changed, there was a surge in the number of denaturalizations. The 9/11 attacks brought on a heightened fear of terrorism ; governments tried to reduce any legal obstacles to the unlimited exercise of executive power deemed necessary to combat the terrorist threat. Immigration law was seen as a powerful tool to exclude those people deemed threats to national security, but it could only be wielded against non-citizens. Hence,

Bantu Homelands Citizenship Act, 1970 - Misplaced Pages Continue

2688-537: The early twenty-first century due to increasing terrorist attacks in Europe and the phenomenon of people traveling to the Middle East to fight for the Islamic State group. Justifications for denaturalization and denial of return include national security and the belief that joining a terrorist group is an act of disloyalty that merits denaturalization. In some countries, denaturalization can take place only after

2752-449: The empire through the mid-nineteenth century. The modern practice of denaturalization developed in the late nineteenth century at the same time as immigration controls. Following the growth of the welfare state , emigration and denaturalization were legalized by many countries for pragmatic reasons in order to avoid having to support poor returnees. The German Empire denaturalized all emigrants who had been abroad for ten years to avoid

2816-643: The foundation of the State of Israel in 1948, hundreds of thousands of Palestinians were effectively denaturalized and became refugees . In 1949, Sri Lanka denaturalized the Indian Tamils of Sri Lanka and tried to deport them to India. In apartheid South Africa , millions of black South Africans were stripped of their South African nationality and made citizens of the so-called " Bantustans ". Greece has encouraged Slavic Macedonians and Turks of Greece to emigrate and revoked their citizenship if they left

2880-746: The introduction or expansion of denaturalization. The countries that introduced, expanded, revived, or considered denaturalization laws include Canada, France, Austria, Germany, Norway, Netherlands, Australia, Egypt, and the Gulf States. Denaturalization does not necessarily result in an individual losing the right of legal residence in the country that revokes their citizenship, but it often does. Denaturalized people are often forced to return to countries with which they have few ties with far-reaching consequences for their family, professional, and social life and well-being. Deportation of denaturalized citizens may require lengthy legal proceedings depending on

2944-436: The least intrusive means available and be necessary and proportionate". Others who commit the same crime but have no ties to a foreign country cannot be denaturalized, which means that in practice people are targeted for denaturalization based on their national origin, violating the principle of non-discrimination and creating a hierarchy of citizenship. Interim Constitution of South Africa The Interim Constitution

3008-434: The loyalty of naturalized citizens, leading to an increase in denaturalization; nearly all belligerents used denaturalization. In many cases, political dissidence (especially Communist beliefs) or suspected sympathy with an enemy country was the reason for denaturalization, although in practice denaturalization primarily targeted people based on their birthplace. Denationalization laws adopted as an emergency measure during

3072-605: The modern state system, states have a duty to admit their own nationals and may expel non-nationals. Throughout much of the Western world , denaturalization laws were passed in the early twentieth century, including the Naturalization Act of 1906 in the United States, French laws in 1915 and 1927, and the British Nationality and Status of Aliens Act in 1914 and 1918. World War I enhanced scrutiny of

3136-485: The most risk of being denaturalized. People deemed non-citizens are at risk of indefinite detention. Especially in the early and mid-twentieth century, the United States often used denaturalization against left-wing immigrants, such as anarchists and members of the Communist Party USA . An example of this policy was the denaturalization of anarchist Emma Goldman . She was deported to Finland— bound for

3200-509: The name of the Act. The act was repealed on 27 April 1994 by the Interim Constitution of South Africa . Denaturalization laws Denaturalization is the case in which citizenship or nationality is revoked by the state against the wishes of the citizen. In practice, there may not be a clear-cut distinction between non-consensual revocation and renunciation of citizenship . Some sources distinguish denaturalization, as

3264-453: The number of black Haitians in the country. In 2019, nearly 2 million people, making up 6 percent of the population of Assam , were excluded from India's National Register of Citizens . Many people who should be entitled to Indian citizenship lack the necessary documents since birth registration is spotty and Indian law puts the burden of proof on the individual to prove their citizenship. Bengali Muslims , many of whom are illiterate, are at

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3328-406: The other paragraphs of this section Defines that different regulations may made from one Black population group, etc, to the next. Defines the penalties, fines or imprisonment for contravening or failing to comply with the said regulations Defines the amendment of section 13(1) of the Population Registration Act 30 of 1950 with the text of this section. Defines the amendment of section 14(1) of

3392-637: The power of the State President to make regulations that are required by the Act, including the issuance of certificates, taking of fingerprints, issuing duplicate certificates, fees payable and transmission of records to the Black Reference Bureau, provisional certificate or documents, size of photographs and anything else to obtain the objectives of the Act Defines that the powers conferred in section 11(1)(h) are not limited by

3456-440: The purpose of safeguarding national security." An exception can only exist if the person is convicted of a crime related to national security and is a serious threat, and if other international law obligations are upheld, including the prohibition of statelessness, non-discrimination, right to a fair trial , and proportionality . Paulussen argues that, in a national security context, "deprivation of nationality can never be seen as

3520-540: The records officer. Defines the rights of a Black person to object to the Minster's officer if he believes his citizenship has been misclassified as could a territories authority to a Black person's classification. The Ministers officer's final decision was binding except if it was appealed to a Minister and was changed. Defines the penalties, fines, or imprisonment for using someone else's certificate as one's own; not keeping it safe from others; forges or alters it; having

3584-405: The return of unsuccessful emigrants. Naturalized citizens who returned to their country of origin also faced loss of their new nationality as they were considered to have cut their ties with that country. In Canadian nationality law , this practice continued until 1974. French law allowed for denaturalization since the late nineteenth century but was rarely used before World War I. According to

3648-426: The reversal of naturalization , from denationalization, as the revocation of citizenship more generally. Denaturalization can be considered a new form of the ancient custom of banishment , which decreased in use after the establishment of prisons and the reduction in territory considered terra nullius . The British practice of penal transportation led to 380,000 people being sent into exile in other parts of

3712-439: The scanned data came from Terrorist Screening Database and National Crime Information Center . The algorithm and the criteria for the algorithm were secret. This information was revealed through efforts of Open Society Justice Initiative and Muslim Advocates, a sister organization of National Association of Muslim Lawyers . Many countries allow denaturalization in cases where an applicant for citizenship committed fraud during

3776-483: The vital interests of that state. The prohibition of statelessness leads to most denaturalization targeting holders of multiple citizenship . An exception is British law, which since 2014 allows denaturalization of naturalized British citizens who lack any other citizenship if the Home Secretary believes they could acquire citizenship of another country. Macklin states, "Notably, the Home Secretary's belief need not be correct, only reasonable." Some countries only allow

3840-504: The war persisted afterwards. The height of denaturalization was in the first half of the twentieth century. Sociologist David Scott FitzGerald states, "Racialized denationalizations accompanied expulsions and population transfers on a massive scale following the remaking of nation-states around the two world wars." Two million former citizens of the Russian Empire , the " white émigrés ", were denaturalized and made stateless by

3904-477: Was mostly caused by denaturalization. It is disputed whether denaturalization is, in effect, a penal sanction, non-penal national security measure, or something else. Although the majority view is to view denaturalization as punishment, criminologist Milena Tripkovic argues that denaturalization is "a sui generis sanction, which seeks to relieve the polity of those members who fail to satisfy fundamental citizenship requirements". De facto denaturalization

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3968-409: Was the fundamental law of South Africa from during the first non-racial general election on 27 April 1994 until it was superseded by the final constitution on 4 February 1997. As a transitional constitution it required the newly elected Parliament to also serve as a constituent assembly to adopt a final constitution. It made provision for a major restructuring of government as a consequence of

4032-415: Was the process by which such a constitution would be adopted. The African National Congress (ANC) insisted that it should be drawn up by a democratically elected constituent assembly , while the governing National Party (NP) feared that the rights of minorities would not be protected in such a process, and proposed instead that the constitution be negotiated by consensus between the parties and then put to

4096-604: Was the size of the supermajority that would be required for the assembly to adopt the constitution: the NP wanted a 75 per cent requirement, which would effectively have given it a veto. In April 1993, the parties returned to negotiations, in what was known as the Multi-Party Negotiating Process (MPNP). A committee of the MPNP proposed the development of a collection of "constitutional principles" with which

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