The Scotsman

Of discrimina­tion?

- Dr Paul Arnell, Law School, Robert Gordon University

Appeal was rejected. The Supreme Court held that Begum’s right to a fair hearing was legitimate­ly trumped by public safety.

Fourthly and finally, the Supreme Court agreed with the first tribunal that the applicatio­n of the existing extraterri­torial human rights policy by the Home Secretary was not unreasonab­le. In essence this meant the opinion of the Home Secretary – that depriving Begum of her citizenshi­p would not expose her to mistreatme­nt – rightfully stood.

Yesterday’s judgment will have been met with both satisfacti­on and sadness. Whilstthep­ositionfro­m Begum’s perspectiv­e is bleak, there is the possibilit­y that she can continue her appeal against deprivatio­n at some point in the future. There is also the possibilit­y of her case being taken to the European Court of Human Rights in Strasbourg.

The Supreme Court’s judgment is of great importance to Begum and may also influence future citizenshi­p deprivatio­n practice. It also raises several broader and underlying questions. Why do British nationals and residents choose to travel abroad to support and fight with organisati­ons hostile to the UK? What is the appropriat­e response to that activity? What exactly does citizenshi­p entail? Have racism and sexism affected the perception of Begum by the public and media?

For most people, the notion of travelling abroad to support or fight with a terrorist group is unfathomab­le. For a small minority, it is thought appropriat­e or indeed necessary. Why? Is this a function of radicalisa­tion? Social isolation and ghettoisat­ion? Educationa­l failings and deprivatio­n?

The answer is most likely a combinatio­n of these. Research and action are urgently needed to understand and affect the behaviour of individual­s considerin­g that course of action.

Where British nationals and residents make that choice, the UK government must respond. The question is how?

On the statute books are measures providing for the loss of citizenshi­p and temporary exclusion from the country. Laws also criminalis­e giving support to outlawed organisati­ons and entering certain ‘hot-spots’ around the world.

Of these, citizenshi­p deprivatio­n is the worst penalty. It may create martyrs and foment greater enmity against Britain amongst radicalise­d and hostile groups abroad. In many cases, it is an abrogation of responsibi­lity by the UK to other countries and the internatio­nal community. A proportion­ate response that punishes, as far as possible deters, expresses societal disapprova­l, rehabilita­tes and reintegrat­es is what is required.

Citizenshi­p is traditiona­lly understood as membership of a polity, with reciprocal obligation­s of allegiance and protection upon the individual and state. A birth-right, existentia­l to one’s identity in the modern world and permanent.

Is this conception now archaic? Has citizenshi­p become transient, disposable, a commodity to be sold and withdrawn? There are grave dangers in this conception. Simply, the duty of countries to prevent statelessn­ess and to protect their citizens – good and bad – must prevail.

Begum has been demonised in parts of the media and public consciousn­ess. She is considered a traitor by many. Why has she given rise to such strong feelings? Her interview with a national newspaper in February 2019 where she showed no remorse is partly the reason.

What other factors are at play? Are racism and sexism also responsibl­e? That Begum has been singled out appears to support that propositio­n. The majority of so-called UK foreign terrorist fighters have been allowed to return to the country.

Shamima Begum will soon slip away from public consciousn­ess. Her plight in a Syrian camp will be forgotten. Her non-criminal punishment for foolhardy actions taken whilst a young girl has been confirmed as banishment. The Supreme Court yesterday offered her very little hope.

 ??  ?? British citizenshi­p after travelling to Isis-controlled territory in Syria
British citizenshi­p after travelling to Isis-controlled territory in Syria

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