Meijers Committee
standing committee of experts on international immigration,
refugee and criminal law
grounds of racial or ethnic origin. According to the case law of the ECtHR such differential
treatment requires very weighty reasons to be justified. The UN Special Rapporteur on Racism
has also warned that distinctions between single and dual nationals result in the creation of
second-class citizenship for citizens of immigrant origin and in (indirect) racial discrimination.
With regard to citizenship deprivation, differential treatment of dual nationals is motivated by
reference to obligations of international law that prevent the withdrawal of nationality if the
person concerned would become stateless. However, no convincing reasons have been
provided that are capable of justifying the disproportionate effect of citizenship deprivation
on racial and ethnic minorities. To ensure equal citizenship, including for racial and ethnic
minorities, states engaging in the prevention and combating of terrorism should do so by
adopting measures that are equally applicable to single and dual nationals.
9. Recommendations
The Meijers Committee makes the following recommendations:
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States should exercise restraint when using dual nationality as a criterion to
differentiate between citizens. In principle single and dual nationals should be subject
to equal treatment in the field of nationality law as well as in other fields. Where dual
nationals are treated differently, states should take due account of the effects of such
differential treatment on citizens of immigrant origin and racialised minorities. Where
such effects exist, less favourable treatment of dual nationals can only be justified by
very weighty reasons.
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Persons with dual or multiple nationality who engage in terrorist activities should be
subject to the same human rights compliant sanctions as single nationals. The Meijers
Committee fully supports the efforts of states to avoid statelessness but urges them
do so without differentiating between groups of citizens. States have to comply both
with their obligations under international norms against statelessness and those
prohibiting racial discrimination. Administrative and criminal law measures that can be
equally applied to all citizens (such as withdrawal of passports and criminal
prosecution) constitute preferred means of fighting terrorism compared to citizenship
deprivation.
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States that apply citizenship deprivation as an instrument to combat terrorism are
urged to limit the scope of deprivation provisions to persons who acquired their
nationality later in life (not at birth) and to allow citizenship deprivation only for
terrorist activities that have been committed within a limited period after the
acquisition of citizenship. To avoid conditional citizenship, it is recommended that
citizenship deprivation should no longer be possible after a period of five or maximum
eight years after citizenship acquisition. The Meijers Committee recalls that a
residence duration of five years is considered sufficient for naturalisation in 12 EU
Member States and a residence of six to eight years in another 11 Member States. This
may be seen as the timeframe after which non-nationals are entitled to a secure
citizenship status.
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