nationality of 13 persons.5 In two cases, the revocation was reversed following a ruling of the Council of State because it violated procedural due process standards (namely non-retroactivity).6 In July 2019, the Minister for Security and Justice reported that although an estimated 100 dual nationals may fall within the scope of article 14(4) DNA and could be subject to revocation of nationality, evidential issues mean it is unlikely that the Netherlands will proceed to deprivation of nationality in many more cases.7 Nevertheless, members of the VVD (People’s Party for Freedom and Democracy) and PVV (Party for Freedom) parties have been pressing the Minister for Security and Justice to ensure that the public prosecutor will “prioritise deprivation of nationality, rather than criminal prosecution”, demonstrating their interest in increasing the use of the measure and linking this to xenophobic rhetoric.8 6. By maintaining a policy of deprivation of nationality that disproportionately effects dual nationals of “non-Western origin”, for which the necessity has not been demonstrated, the Netherlands risks perpetuating “stereotypes resulting in discrimination, hostility and stigmatization of certain groups such as Muslims, foreigners and migrants”.9 Right of every child to a nationality 7. The Netherlands is failing to guarantee the right of every child to acquire a nationality, in accordance with its obligations under the CRC, ICCPR and 1961 Convention on the Reduction of Statelessness. Specifically, Article 6(1)(b) of the Dutch Nationality Act discriminates against children born stateless in the territory based on residence status and only accords children with lawful residence the right to opt for Dutch nationality. 8. The UN High Commissioner for Refugees (in 2011),10 the Commissioner for Human Rights of the Council of Europe (in 2014),11 the Netherlands Institute on Human Rights (in 2014),12 the UN Committee on the Rights of the Child (in 2015),13 and the UN Human Rights Committee (in 2019)14 have all called upon the Netherlands to find solutions for stateless children born in the Netherlands, notably by rescinding the requirement of lawful stay for their acquisition of Dutch nationality. A judgment by the District court in Overijssel found Article 6(1)(b) DNA to be in violation with international law,15 and an individual communication is currently also pending on 5 National Coordinator of Counterterrorism and Security, Report Integrated Approach Terrorism (2019). Available at: https://www.nctv.nl/binaries/Rapportage%20integrale%20aanpak%20terrorisme_tcm31-385959.pdf (pp. 11). 6 B v State Secretary of Justice and Security [2019] Ruling 201806104/1/V6; Z v State Secretary of Justice and Security [2019] Ruling 201806107/1/V6. 7 https://www.rijksoverheid.nl/documenten/kamerstukken/2019/07/15/tk-uitvoering-motie-laan-geselschap-en-van-toorenburg-over-deintrekken-van-het-nederlanderschap. 8 https://www.rijksoverheid.nl/binaries/rijksoverheid/documenten/kamerstukken/2019/06/25/antwoorden-kamervragen-over-het-berichtnederlanderschap-afpakken-van-syrierganger-blijkt-ondanks-wet-lastig/antwoorden-kamervragen-over-het-bericht-nederlanderschapafpakken-van-syrierganger-blijkt-ondanks-wet-lastig.pdf. 9 CCPR/C/NLD/QPR/5, para. 10. See also SR Racism in A/HRC/38/52, para. 56. 10 UNHCR, Mapping Statelessness in the Netherlands, November 2011 https://www.refworld.org/docid/4eef65da2.html. 11 Report by Nils Muiznieks following his visit to the Netherlands from 20-22 May 2014, CommDH(2014)18, https://rm.coe.int/16806db830?mc_cid=24df302e1c&mc_eid=52b81a63d2. 12 Status naturalisatie van staatloze kinderen zonder verblijfsrecht, 12 November 2014, https://www.mensenrechten.nl/en/node/592?mc_cid=24df302e1c&mc_eid=52b81a63d2. 13 CRC/C/NDL/CO/4, para. 33. 14 CCPR/C/NLD/CO/5, para. 23. 15 District Court Zwolle, 09-09-2010, Awb 09/2212.

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