Meijers Committee
standing committee of experts on international immigration,
refugee and criminal law
human rights. It did not condemn the fact that the decision to deprive the applicants of their
citizenship was taken eight years after they were convicted and 11 years after the last offences
had been committed.
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United Nations
UN Convention on the Elimination of All Forms of Racial Discrimination
The UN Convention on the Elimination of All Forms of Racial Discrimination (CERD) defines
racial discrimination in Article 1(1) as ‘any distinction, exclusion, restriction or preference
based on race, colour, descent, or national or ethnic origin which has the purpose or effect of
nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human
rights and fundamental freedoms in the political, economic, social, cultural or any other field
of public life’. The Convention does not apply to distinctions between citizens and noncitizens, nor does it concern the laws of the States Parties concerning nationality, citizenship
or naturalisation (Articles 1(2) and (3) CERD). However, provisions concerning nationality,
citizenship or nationality may not discriminate ‘against any particular nationality’. The terms
‘purpose or effect’ in Article 1(1) CERD make it clear that the Convention prohibits both direct
and indirect racial discrimination. Article 5 CERD lists the material scope of the Convention:
the prohibition of racial discrimination applies in respect of civil, political and socio-economic
rights, including the right to a nationality (Art. 5(d)(iii)). In Article 2(1), the State Parties
undertake to engage in no act or practice of racial discrimination against persons, groups of
persons or institutions and to ensure that all public authorities and public institutions, national
and local, shall act in conformity with this obligation, and to amend, rescind or nullify any laws
and regulations which have the effect of creating or perpetuating racial discrimination
wherever it exists.
In a general recommendation on the position of non-citizens, the Committee on the
Elimination of All Forms of Racial Discrimination (CERD Committee) has made it clear that
differentiations based on a lack of citizenship status should not be used to undermine the
prohibition of racial discrimination.83 It would be in line with the purpose of the CERD to
consider that the same applies with regard to differentiations between single and dual
nationals. In the recommendation, the CERD Committee considers that ‘differential treatment
based on citizenship or immigration status will constitute discrimination if the criteria for such
differentiation, judged in the light of the objectives and purpose of the Convention, are not
applied pursuant to a legitimate aim, and are not proportional to the achievement of this
aim’.84 States Parties are also urged to ensure that measures taken in the fight against
terrorism, as well as measures to deprive citizens of their nationality, must be taken without
discrimination on the basis of race, colour, descent or national or ethnic origin.85
The UN Special rapporteur on contemporary forms of racism, racial discrimination,
xenophobia and related intolerance has equally drawn attention to racial discrimination in the
83
CERD Committee, General recommendation 30 on discrimination of non-citizens, para 2.
Idem, para 4.
85
Idem, paras 10 and 14.
84
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