Meijers Committee
standing committee of experts on international immigration,
refugee and criminal law
context of citizenship, nationality and immigration status.86 The Special Rapporteur points out
that racial and ethnic minority groups are often excluded from the enjoyment of human rights
on account of their citizenship or immigration status, and that such exclusion violates
international human rights law.87 Regarding deprivation of nationality, the Special Rapporteur
recalls that access to citizenship and immigration status has historically been used by States
to discriminate against marginalised groups, and that ‘institutional and indirect discrimination
based on race, colour, ethnicity and religion’ continues also in the absence of explicitly
discriminatory policies.88 However, the Rapporteur notes that ‘Law, policies and practices that
disproportionately exclude or have a negative impact on a particular racial, ethnic or national
group should also be considered as a breach of the prohibition of racial discrimination’.89
Finally the Rapporteur observes that concerns over national security and threats of terrorism
typically fuel racially discriminatory policies, including on citizenship withdrawal.90
In October 2018, the Special Rapporteur sent an amicus brief to the Dutch Immigration and
Naturalisation Service in the case of a dual citizen whose Dutch nationality had been
withdrawn after he travelled to Syria and joined a terrorist organisation.91 The Special
Rapporteur took the stance that the Dutch policy of differentiating between single and dual
nationals when withdrawing citizenship in response to alleged terrorist activities violates
international human rights law, including Article 5(d)(iii) CERD and Article 26 ICCPR. According
to the letter, such differentiation is discriminatory as it creates unequal, less secure citizenship
for dual nationals.92 The Rapporteur observed that the differentiation between single and dual
nationals is not required in order to protect single nationals against statelessness, as the
sanctions applicable to single nationals could be equally applied to dual nationals.93 Lastly, the
Special Rapporteur considered that the Dutch legislation on citizenship deprivation was
indirectly racially discriminatory, because Dutch citizens of Moroccan or Turkish national
origin are overrepresented amongst those with dual nationality.
The Special Rapporteur repeated this position in the report on her 2019 visit to the
Netherlands: ‘Although being neutral on the face of it, the Netherlands citizenship-stripping
legislation, policies and procedures apply only to citizens with dual nationality and therefore
disproportionately affect Netherlanders of Moroccan and Turkish descent. Because of its
limited applicability, citizenship-stripping legislation in the Netherlands aggravates
stereotypes of terrorism by associating terrorism with people of certain ethnic and national
86
Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and
related intolerance to the Human Rights Council at its 38th session, 25 April 2018 (A/HRC/38/52).
87
Idem, paras 6-11.
88
Idem, para 11.
89
Idem, para 27.
90
Idem, para 57.
91
Amicus brief presented by the UN Special Rapporteur on contemporary forms of racism, racial discrimination,
xenophobia and related intolerance to the Dutch Immigration and Naturalisation Service, 23 October 2018,
www.ohchr.org/Documents/Issues/Racism/SR/Amicus/DutchImmigration_Amicus.pdf.
92
Idem, para 39.
93
Idem, para 40.
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