Meijers Committee
standing committee of experts on international immigration,
refugee and criminal law
nationals who were deprived of their nationality in the Netherlands on account of terrorist
activities held a second nationality of a majority Muslim country (see paragraph 4). In this
connection it is also relevant that only membership of jihadist armed organisations (as
opposed to other ideologies) constitutes a ground for citizenship deprivation.113
Lastly, four-fifths of those who lost their Dutch nationality in relation to terrorist activities
were assumed to have Moroccan nationality. A recent report shows that the Dutch
intelligence agency (AIVD) made a list of Dutch nationals who travelled to Syria to join the
jihad, had dual nationality and who could therefore, in principle, have their nationality
withdrawn.114 As dual nationality is no longer registered in the Netherlands (since 2014), the
AIVD based its assumption that the persons concerned were Moroccan nationals on the fact
that their parents were Moroccan nationals when they acquired Dutch nationality and the
knowledge that Moroccan nationality cannot be renounced. This information suggests that
Dutch-Moroccan dual nationals were specifically targeted by the authorities when
implementing the deprivation of citizenship regime because their dual nationality can be
established relatively easily. Such targeting is, however, at odds with Article 1(3) CERD which
provides that states may not, in their nationality laws, discriminate against ‘any particular
nationality’.
Is the differential treatment of (naturalised) dual nationals based on ‘very weighty reasons’?
The previous subparagraphs showed that the differential treatment of dual nationals, with
regard to deprivation of nationality because of terrorist activities, amounts to direct
differential treatment on the ground of nationality and to indirect differential treatment on
the ground of ethnic origin. Whereas it is not entirely clear whether differences in treatment
between single and dual nationals would be subject to the ‘very weighty reasons’ test, ECtHR
case law has clearly established that compelling or very weighty reasons are required to justify
differences in treatment based on ethnic origin. In Timishev v. Russia the ECtHR even
considered that ‘in any event, […] no difference in treatment which is based exclusively or to
a decisive extent on a person’s ethnic origin is capable of being objectively justified in a
contemporary democratic society built on the principles of pluralism and respect for different
cultures.’115
The laws on citizenship deprivation discussed in this policy brief form part of states’ antiterrorism policies. Where perpetrators of terrorist activities are outside the territory of the
state concerned, the withdrawal of their citizenship is designed to make it more difficult for
them to return and commit terrorist acts within the territory of that state.116 On a more
113
Decision of the Minister of Justice 2 March 2017, Staatscourant 2017, 13023.
V. Bex-Reimers et al (2020), Evaluatie wijziging van de Rijkswet op het Nederlanderschap in het belang van
de nationale veiligheid, July 2020, p. 41-42.
115
ECtHR 13 December 2005, app.nos 55762/00 and 55974/00, Timishev/Russia, para 58; see also ECtHR (GC)
13 November 2007, app.no. 57325/00, D.H. and others/Czech Republic, para 176 and Biao/Denmark, para 114.
116
T.L. Boekestein & G.-R. de Groot, ‘Discussing the human rights limits on loss of citizenship: a normative-legal
perspective on egalitarian arguments regarding Dutch Nationality laws targeting Dutch-Moroccans’, Citizenship
Studies 23:4, p. 320-337, at p. 323, https://doi.org/10.1080/13621025.2019.1616448.
114
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