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. - 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 16

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