certain groups or membership of certain communities. States should seek to eliminate the
discriminatory effects of such legislation and in any case to respect the principle of
proportionality in its application to persons (belonging to racial, ethnic and other minority
groups).”92
The Committee also calls upon States to ensure that immigration policies and counter-terrorism
measures do not discriminate against on the basis of grounds prohibited under CERD;93 and that
those belonging to specific racial or ethnic groups do not face harsher punishments if accused of
terrorism offences.94 As stated by the UN Special Rapporteur, “the same must be true of national
origin and descent, as discrimination on both these grounds constitutes prohibited racial
discrimination under ICERD. 95
55. As set out in the table above, Article 5(d)(iii) of the CERD prohibits nationality deprivation that is
discriminatory on the basis of race, colour, national, or ethnic origin. In its general
recommendations, the Committee on the Elimination of Racial Discrimination has further
reiterated that the deprivation of citizenship on these grounds violates States parties’ obligations
to ensure non-discriminatory enjoyment of the right to nationality.96 The UN Special Rapporteur
on contemporary forms of racism, racial discrimination, xenophobia and related intolerance has
therefore concluded that:
“States' obligations to ensure equality and non-discrimination with regards to the enjoyment
of nationality apply with regard to all citizenship deprivation decisions, not only in cases where
deprivation of citizenship might result in statelessness.”97
56. The international law prohibition of racial discrimination in relation to citizenship deprivation also
relates to the stigmatising effect that such discriminatory policies can have on minority
communities. For example, in a country review, the Human Rights Committee asked the
Netherlands to justify its policy of nationality deprivation in relation to their likely perpetuation
of “stereotypes resulting in discrimination, hostility and stigmatization of certain groups such as
Muslims, foreigners and migrants".98 States must therefore ensure that their practice of effecting
deprivation of citizenship does not further entrench racial discrimination and inequality,
including, inter alia, by stigmatising racialised and marginalised groups as threats to national
security, or by depriving members of racialised and marginalised groups of their nationality at a
disproportionate rate.
92
Committee on the Elimination of Racial Discrimination General Recommendation No. 31, para. 4(b).
Committee on the Elimination of Racial Discrimination General Recommendation No. 30, paras. 9-10.
94 Committee on the Elimination of Racial Discrimination General Recommendation No. 31, para. 34.
95 UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, ’Amicus Brief before the
Dutch Immigration and Naturalisation Service’
October
, para. .
96 Committee on the Elimination of Racial Discrimination CERD , ‘General Recommendation No. : Discrimination against non-citizens’,
HRI GEN Rev. Add.
, para. ; CERD, ‘General Recommendation No. : Racial discrimination against people of African descent’,
CERD/C/GC/34 (2011), para. 48.
97 UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, ’Amicus Brief before the
Dutch Immigration and Naturalisation Service’
October
, para. 30.
98
UN Human Rights Committee, ’List of Issues prior to submission of the fifth periodic report of the Netherlands’ CCPR C NLD QPR/5 (3 May
2017), para. 10.
93
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