prosecutor (OM) views deprivation of Dutch nationality as an encroachment on prosecution interests and raised objections in all cases in which there had not yet been a criminal conviction. Nevertheless, before any substantive debate of the findings of these evaluations was held, the first steps were taken towards removing the sunset clause on the use of this power. 15. In December 2020, the Netherlands published a draft bill for public consultation that would make the current temporary power to revoke nationality from a citizen who joins a terrorist organisation, without a criminal conviction, as set out in Article 14(4), a permanent power. This bill was, however, amended before being adopted by parliament, and it was decided that the power was not to be made permanent, but only extended for another five years and made subject to further evaluations, as well as continued CTIVD supervision. Moreover, it will no longer be possible to subject minors of 16 years and older to this measure - the extended power to deprive will only apply to adults.23 ISSUE I The principle of non-discrimination 16. The nationality deprivation powers laid down in Article 14(4) DNA can only be invoked against dual nationals, with a view to avoiding statelessness, yet creating a difference in treatment as compared to nationals who hold only Dutch nationality.24 The Netherlands must comply with its obligations under international norms to prevent and reduce statelessness and those prohibiting discrimination. The current practice leads to indirect discrimination against Dutch nationals from particular minority groups, in particular Dutch-Moroccans.25 Maintaining such a system also has a stigmatising effect on these communities and can negatively impact on social cohesion. 17. This is contrary to international obligations of the Netherlands, as summarised in the Principles on Deprivation of Nationality as a National Security Measure, which include that “[a] State must not deprive any person or group of persons of their nationality as a result of direct or indirect discrimination in law or practice, on any ground prohibited under international law, including race, colour, sex, language, religion, political or other opinion, national or social origin, ethnicity, property, birth or inheritance, disability, sexual orientation or gender identity, or other real or perceived status, characteristic or affiliation.”26 Moreover, “[e]ach State is bound by the principle of non-discrimination 23 Act of 23 February 2022, amending the Dutch Nationality Act in relation to deprivation of Dutch nationality in the interest of national security, https://zoek.officielebekendmakingen.nl/stb-2022-84.html. 24 See also Meijers Committee, ‘Policy brief on differential treatment of citizens with dual or multiple nationality and the prohibition of discrimination’ (2020) CM2016, https://www.commissie-meijers.nl/wpcontent/uploads/2020/12/cm2016_policy_brief_on_differential_treatment_of_citizens_with_dual_or_multiple_nationality_an d_the_prohibition_of_discrimination.pdf. 25 WODC, Evaluatie wijziging van de Rijkswet op het Nederlanderschap in het belang van de nationale veiligheid (2020), p. 41, https://repository.wodc.nl/handle/20.500.12832/2488; UN Human Rights Council, ‘Visit to the Netherlands – UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance’ (2 July 2020) A/HRC/44/57/Add.2, para 60, https://spinternet.ohchr.org/Download.aspx?SymbolNo=A/HRC/44/57/Add.2&Lang=en. 26 Principles on Deprivation of Nationality as a National Security Measure (2020), https://www.refworld.org/docid/5f3bf26d4.html, Principle 6.1. The Principles on Deprivation of Nationality as a National Security Measure were developed over a 30-month research and consultation period, with input from more than 60 leading experts in the fields of human rights, nationality and statelessness, counter-terrorism, refugee protection, child rights, migration and other related areas. 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. They articulate the international law obligations of States and apply to all situations in which States take or consider taking steps to deprive a person of nationality as a national security measure. 5