Media
Statement 9/4/2019
END
DISCRIMINATION: RESPECT HUMAN RIGHTS AND
RESTORE SHAMINA BEGUM’S UK NATIONALITY
RESTORE SHAMINA BEGUM’S UK NATIONALITY
We, the undersigned
individuals, organizations and groups are appalled that the United Kingdom has
revoked the citizenship of Shamina Begum, a 20-year-old mother who asked to
come back to the UK after giving birth to a baby boy in a Syrian Refugee camp.
While the UK government refused to allow her and her child in, the baby died.
It was reported that the
Home Office sent Begum’s family in UK a letter informing her that Home
Secretary Sajid Javid had made an ‘…order “removing her British citizenship” on
Tuesday [19/2/2019]. The document, addressed to Begum’s mother, said the
decision was taken “in light of the circumstances of your daughter…” (Independent,
20/2/2019)
Denial of Right To Be Heard & a Fair Trial
It is unconscionable and
unjust that anyone is deprived of one’s citizenship and/or nationality. It is
even more shocking when they have not been accorded the right to be heard and
to a fair trial. In addition, any decision should be made by the courts – not
merely an administrative order of some Minister, in this case the Home
Secretary.
The fact that the UK
government knows that Begum is in a Syrian Refugee camp, not in the United
Kingdom, and that she had been asking the government to help her and her baby
get home, made this act of citizenship cancellation even more outrageous. The
tragic death of her child, who was born a British citizen and may have been
saved had he been allowed into the UK with his mother, is unconscionable.
The Home Secretary allegedly
made his decision “…in light of the circumstances…” but Begum has not been
heard, therefore the ‘circumstances’ may not be true – they have certainly not
been proven beyond a reasonable doubt.
Fifteen-year-old Begum, with
a couple of friends, allegedly left the UK and travelled to Syria. She then
allegedly got married to a man from Holland. They allegedly had children, and
this is now her third child. Her other children apparently are also no longer
alive. Her ‘husband’ was allegedly involved in ISIS and/or a terrorist group.
There are allegations that Begum herself may have supported terrorist agendas,
beliefs, ideology and may even have participated in their activities.
There can be many allegations,
but allegations are irrelevant when it comes to the administration of justice,
especially when the end result is the possible deprivation of liberty, or
worse, the loss of nationality. Allegations need to be proven beyond reasonable
doubt especially when it comes to cancelling one’s birth right. Begum was a
citizen at birth. She was not granted her nationality by any subsequent act of
government.
What we have heard and seen
in the media may have influenced the government of the day. There is always the
possibility of bias, selective ‘quotes’ and/or selective reporting that may
invite wrong conclusions.
The government, on the other
hand, must be more thorough and just, especially if the end result is the
expulsion of a person from the UK, the only country that Begum belongs to, the
separation from her family there, and now the death of a new born.
At present, there is no
crime in UK law that prescribes that the penalty is the revocation of
citizenship. Even the worst of criminals, such as convicted mass murderers like
the Yorkshire Ripper keep their nationality.
A mother, wife, child or
relative of a person convicted of a crime should never be considered guilty
simply because of family ties or association. If Shamina Begum did break UK
law, then she should be brought back to the UK and accorded a fair trial. If
convicted, then she should be sentenced as a citizen in accordance with the
law.
DISCRIMINATION
– Different treatment based on parentage
Discrimination is also a
major concern if different treatment is being accorded to a class of citizens
who are assumed to be or maybe entitled to dual nationalities through
parentage, or even marriage. Would other citizens of the UK, with no migrant
heritage, be treated in the same way ending up with the revocation of their UK
citizenship?
‘...Speaking after he
revoked her British citizenship, [Home Secretary,] Sajid Javid said he would
not take a decision that would leave an individual with nowhere to go… Although
he has not commented directly on the case, Mr Javid appeared to confirm earlier
in the week the government felt able to take such action – which would prevent
her from returning to the UK – because she is a dual national or has the right
to citizenship elsewhere. Under international law, revoking someone's
citizenship is only permissible if it does not leave that person stateless...’
(Sky News, 21/2/2019).
It must be noted that Begum
does not hold dual citizenship, which is permitted in the UK, but is a UK
citizen from birth. The Home Secretary’s order would thus now make her
stateless. Bangladesh has already stated that Begum does not have any right to
Bangladeshi citizenship.
The position adopted by the
UK is clearly discriminatory. It sets a frightening precedent for millions of
people born in the UK to immigrant parents. They can now lose their citizenship
whilst those born to British-born parents cannot.
It is most disturbing to
find out that there has been a significant escalation of removal of
citizenship. This was highlighted by the Windrush scandal where Commonwealth
citizens who had lived in the UK for decades were deported if they could not
show documentation proving their citizenship.
Removal of Citizenship has
increased by 600% in a year. Over the past 10 years, 150 people have been
deprived of UK nationality. Fourteen people were deprived of citizenship in
2016, and 104 in 2017. (Independent, 21/2/2019).
This is another result of
the ‘racist policy’ to create a ‘hostile environment’ against anyone assumed to
be an immigrant from the ‘New Commonwealth’ (i.e. people from countries with
mainly non-white populations) put in place by Prime Minister Theresa May when
she was then Home Secretary.
Child Rights Convention – Removing A Mother’s
Nationality Is Not In The Best Interest Of A UK Child Citizen
Begum’s son was born days
before her citizenship was revoked and was therefore a UK citizen. The government’s action was against the UN
Convention on the Rights of the Child (CRC), amongst others, as it deprived him
of his mother and of his right to be breastfed by her. It was certainly not in the best interest of
the child. His subsequent death is a tragedy that may have been avoided had his
rights been prioritized. Shadow Home Secretary Diane Abbott questioned whether
stripping Begum of her nationality “made it impossible for her to fulfil her
duties as a mother and bring her baby home to a safe place.”
Therefore we
Call on the UK government to
forthwith revoke the Home Secretary’s order removing Begum’s UK
citizenship/nationality, and immediately bring her back to the UK as per her
request;
Call on the UK Government to
respect human rights, including the rights of the child as contained in the
Convention on the Rights of the Child (CRC); and
Call on the UK to abolish
laws and/or policies that can result in discriminatory treatment against
citizens based on factors including parentage.
Charles Hector
Selma James
Nina Lopez
For
and on behalf of the 16 organisations and 27 individuals listed below
Endorsers
Association
of Human Rights Defenders and Promoters - HRDP in Myanmar
Disabled
People Against Cuts
English
Collective of Prostitutes
Global
Women’s Strike
Haiti
Action Committee, US
International
Jewish Anti-Zionist Network, UK
Legal
Action for Women
MADPET
(Malaysians Against Death Penalty and Torture)
Marvi
Rural Development Organization, MRDO
North
South Initiative
Payday
men’s network
Peter
Tatchell Foundation
Single
Mothers’ Self-Defence
WH4C
(Workers Hub For Change)
Women
of Colour GWS
Women
for Justice and Peace in Sri Lanka
Individuals
Ahmed
Aydeed, solicitor
Hannah
Baynes, solicitor
Sara
Callaway, Women of Colour GWS
Chris
Callender, solicitor
Professor
Tom Cheesman
Louise
Christian (Human Rights lawyer)
Elizabeth
Cross
Dr
Jonathan Fluxman
Anthony
Gifford QC
Teresa
Hayter
Charles
Hector, advocate and solicitor
Toufique
Hossain, solicitor
Selma
James, Global Women’s Strike
Lorry
Leader
Nina
Lopez, Legal Action for Women
Barbara
Le Fevre
Daniel
Machover, Hickman Rose solicitors
David
Malone, barrister
Anna
Mazzola, writer
Bhatt
Murphy, solicitor
Jacqueline
McKenzie, immigration and asylum lawyer
Sally
Middleton, Birnberg Peirce & partners solicitors
Giorgio
Riva
Akua
Rugg
Jane
Ryan
Rachel
Zeng, human rights defender
Benjamin
Zephaniah, poet, musician
