Statelessness Working Paper Series No. 2017/7
procedure in place.58 Further, to determine whether a person is stateless, or has another nationality, an
analysis of the nationality law alone does not suffice. To determine whether a person is stateless, it is also
important to evaluate the application of the national legislation in practice.59 Not having a registration
system in place to gather data on whether a person has more than one nationality can increase risks of
statelessness when a person’s Dutch nationality is revoked. Statistics resulting from registrations would
also point out who is actually targeted with this measure.60
While discriminatory aspects in deprivation measures mainly focus on discrimination between groups of
citizens, the Dutch deprivation measure also distinguishes between sorts of organisations. Organisations
such as ISIS and Al-Qaida are found of the list of terrorist organisations but other organisations such as
FARC, Tamil Tigers, and PKK are not.61 The distinction made here can be deemed proportionate as some
organisations pose an increased threat to national security. Still, this is another example of differential
treatment.
On a side note, the government states that the best approach to counter terrorism is yet to be analysed.
The government aims to exchange best practices with other European countries in the near future. 62
Meanwhile, the government has already denationalised suspected terrorists.
5. Political rhetoric on deprivation of citizenship and social cohesion
This section will provide further reflections on deprivation of citizenship and how differential treatment
between groups of citizens can lead to disruption of social cohesion. Below are a number of examples
which illustrate the consequences of nationality deprivation on society, particularly social cohesion.
Former President of France, Nicholas Sarkozy stated in the aftermath of riots around Grenoble in 2010
that “nationality should be stripped from anyone of foreign origin who deliberately endangers the life of
a police officer, a soldier or a gendarme or anyone else holding public authority.” 63 He pleaded for
deprivation of naturalised citizens in the context of national security. This can cause divide in society, as
citizens would not be treated equally when being punished for any wrongdoings. It also strengthens the
suspicion towards citizens who are perceived as ‘different’, who are portrayed as untrustworthy and to
cause riots.
58
In 2016, the Netherland’s State Secretary of Justice introduced a legislative proposal to determine statelessness.
At the time of writing, no statelessness determination procedure is established. For a critical reflection on the Dutch
Statelessness
Determination
Procedure,
see:
https://www.statelessness.eu/blog/proposal-legislationstatelessness-netherlands-bittersweet-victory.
59
UNHCR, Guidelines on Statelessness No. 2: Procedures for Determining whether an Individual is a Stateless Person,
5 April 2012, HCR/GS/12/02.
60
Bevolking; kerncijfers, Centraal Bureau voor de Statistiek (February 22, 2017). Retrieved from:
http://statline.cbs.nl/Statweb/publication/?VW=T&DM=SLNL&PA=37296ned&D1=a&D2=0,10,20,30,40,50,60,(l1),l&HD=150716-2035&HDR=G1&STB=T.
61
G.R. de Groot & O. Vonk, De ontneming van het Nederlanderschap wegens jihadistische activiteiten, Tijdschrift
voor Religie, Recht en Beleid, TvRRB 2015-1, p. 42.
62
Kabinetsformatie,
Regeerakkoord
Vertrouwen
in
de
toekomst,
10
oktober
2017,
https://www.kabinetsformatie2017.nl/documenten/publicaties/2017/10/10/regeerakkoord-vertrouwen-in-detoekomst.
63
Sarkozy looks to strip citizenship from those who threaten police, France 24 (July 31, 2010). Retrieved from:
http://www.france24.com/en/20100730-sarkozy-looks-strip-citizenship-threaten-security-forces-frenchimmigration
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