Meijers Committee
standing committee of experts on international immigration,
refugee and criminal law
origins. The associated policies and their effects are incompatible with international human
rights principles of equality and non-discrimination.’94
Lastly, the United Nations High Commissioner for Refugees (UNHCR) has warned in its
Guidelines on Statelessness that ‘States should take steps to ensure that the practical effect
of withdrawal of nationality is not that certain groups (e.g. ethnic or religious minorities) are
disproportionately affected […].’95 The UNHCR stressed that compliance with standards
against statelessness alone is not enough and that states should equally respect the
prohibition of discrimination.96
Summary
This paragraph has analysed guarantees against discrimination at the levels of the EU, the
Council of Europe and the United Nations. Discrimination on the grounds of nationality is
prohibited both in EU law (Art. 21(2) CFR) and under the ECHR. These provisions can be
interpreted to cover distinctions between single and dual nationals. Distinctions between
single and dual nationals can also amount to indirect discrimination on the grounds of racial
or ethnic origin as prohibited under the ECHR and the CERD. It follows from ECtHR case law
(Biao v. Denmark) that this will be the case where distinctions between citizens predominantly
affect citizens of foreign ethnic origin. Such distinctions require very weighty reasons in order
to be justified. The UN Special Rapporteur on Racism has explicitly qualified the Dutch policy
on denationalisation of (suspected) terrorists, which applies only to dual nationals, as a form
of racial discrimination incompatible with the CERD.
7. Citizenship deprivation of dual nationals in the light of the prohibition of (racial and
ethnic) discrimination
As mentioned in the introduction, this policy brief originates in the concern that differential
treatment of dual nationals undermines equal citizenship and results in de facto
discrimination on the grounds of racial or ethnic origin. Paragraphs 3 to 5 elaborated on
current practices of citizenship deprivation in relation to terrorism, which presently constitute
an important source of inequality for persons with dual or multiple nationality. Although
persons who are deprived of their citizenship on this ground constitute only a very small group
of the population of the countries concerned, the act of citizenship deprivation has farreaching consequences and is likely to send a powerful signal to a much larger group of dual
nationals that their citizenship is not secure.
In paragraph 6 we assessed to what extent existing legal provisions on non-discrimination
apply to situations of differential treatment of single and dual nationals as well as to indirect
forms of racial and ethnic discrimination. In this paragraph we apply the said provisions to the
case of dual nationals who are deprived of their nationality after being convicted for, or
94
Report of a Visit to the Netherlands, 2 July 2020, A/HRC/44/57/Add2, par. 60 at p. 12.
UNHCR Guidelines on Statelessness No. 5, ‘Loss and Deprivation of Nationality under Articles 5-9 of the 1961
Convention on the Reduction of Statelessness’, UN Doc. HCR/GS/20/05 of May 2020, para 111.
96
Idem paras 24, 109 and 111.
95
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