equates terrorism with radicalised groups, including dual citizens, Muslims, and other
individuals perceived to be of non-Dutch origin.”27
In the UK too, concern has been raised that expanded deprivation powers disproportionately
impact Muslims, who have become “tolerated citizens”.28
25. There is no evidence to support the effectiveness of such measures, and there is growing concern
that they may actually be counterproductive. There are also significant concerns related to the
permanent nature of the measure of deprivation of nationality, its disproportionate impact on
individuals, families and communities, and the detrimental impact on other fundamental human
rights.
26. Addressing this practice, the Principles on Deprivation of Nationality as a National Security
Measure were developed over a 30-month research and consultation period, with input and
endorsement from more than 60 leading experts, 29 including UN Special Rapporteurs on Minority
Issues, Racism & Xenophobia & Counter-terrorism & Human Rights.
27. The Principles restate or reflect international law and legal standards under the UN Charter,
treaty law, customary international law, general principles of law, judicial decisions and legal
scholarship, regional and national law and practice, and are a relevant resource for the Special
Rapporteur’s consideration
COVID-19
28. In Myanmar, there is growing concern that the military is capitalising on COVID-19 to carry out
further crimes against the Rohingya. Furthermore, the implementation and enforcement of public
health policy has a clear discriminatory intent. Widespread diagnostic testing is limited in
Myanmar, with IDPs in Rakhine being excluded, despite the heightened risk they face due to their
living conditions. Additionally, punishments for not following public health guidelines have not
been equitable. For example, the government fined only four of a hundred people who attended
a Buddhist Monk’s funeral., But all 14 mourners at a Muslim funeral were sued, with the twelve
adults in attendance being imprisoned for three months. 30
29. Similarly, the handling of COVID-19 pandemic in India has been rife with religious discrimination,
with Muslims widely scapegoated as ‘vectors’ of the disease.31 Authorities blame a Muslim
religious gathering of the Tablighi Jamaat movement in Delhi for the spread of the pandemic.,32
27
Amicus Brief presented by the UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia
and related intolerance before the Dutch Immigration and Naturalisation Service. Available at:
https://www.ohchr.org/Documents/Issues/Racism/SR/Amicus/DutchImmigration_Amicus.pdf, p. 21.
28
Choudhury (2017). See also, in respect of the Netherlands and Belgium, Amnesty (2017).
29
https://www.institutesi.org/year-of-action-resources/principles-on-deprivation-of-nationality.
30
Different Laws Applied to Myanmar COVID-19 Restrictions, The Irrawaddy, May 2020,
https://www.irrawaddy.com/specials/myanmar-covid-19/different-laws-applied-myanmar-covid-19-restrictions-leadinconsistent-punishments-violators.html
31
Hit Job: Using COVID-19 To deepen Anti-Muslim Bias and Weaken Muslim Voice, Citizens Against Hate, May 2020.
32
Id.