A/HRC/38/52 it is implemented effectively deny nationality to the Rohingya and perhaps more significantly the laws have enabled the State to deny the Rohingya their humanity.69 47. Ethno-nationalist ideologies may in some cases be implicitly manifested in legal and policy frameworks that systematically exclude specific racial, ethnic or national minorities from citizenship status, even where these minorities have been territorially resident for multiple generations. The treatment of Haitian descendants, many of whom the Dominican Republic effectively stripped of citizenship,70 and whom the United States has stripped of temporary protected immigration status, 71 is a clear example of racial targeting. The InterAmerican Court of Human Rights found that the Dominican Republic had applied its nationality laws in a discriminatory manner where Dominicans of Haitian descent were concerned. 72 In the report of their 2007 mission to the Dominican Republic, the Special Rapporteur on racism and the independent expert on minority issues found that individuals of Haitian descent were treated in a discriminatory manner in the registration offices of the government agency responsible for issuing important identity documents required to establish citizenship and the right to remain in the country. 73 Although many in the Dominican Republic do not have proper documents, only those with “dark skins and Haitian features” are treated as “illegal”.74 The widespread, institutionalized exclusion of Haitians and Haitian descendants in different parts of the world is but one example of the persisting vulnerability of Afrodescendants to racial discrimination. 48. In some African countries, ethno-nationalist theories of citizenship have been used to disqualify political opposition leaders from national office, and in some parts of Asia and the Middle East, ethno-nationalism regularly results in the stripping of citizenship or territorial expulsion of unpopular racial and ethnic minorities.75 Unresolved historical ethno-nationalist legacies 49. In addition to the contemporary manifestations of racial discrimination driven by explicit and implicit ethno-nationalism in the context of citizenship and immigration status, historical legacies remain operational. Especially in former colonial territories, long-standing citizenship and nationality laws often discriminate against indigenous peoples or persons belonging to racial and ethnic minorities, in ways that reinforce ethno-nationalist conceptions of political membership. In some cases, racial or ethnic discrimination in access to citizenship or naturalization renders these groups stateless, preventing them from fully enjoying their human rights. 50. Koreans forcibly transferred to Japan during the Second World War faced extreme forms of discrimination. Today their descendants, despite being second and third generation in that country, are unable to attain citizenship and are still labelled as “foreigners” or “aliens”. Additionally, these Korean descendants remain vulnerable to hate crimes, including fatal attacks.76 Similarly, Nubians living in Kenya are considered to be aliens and have always 69 70 71 72 73 74 75 76 See UNHCR, “States of denial: a review of UNHCR’s response to the protracted situation of stateless Rohingya refugees in Bangladesh”, December 2011, paras. 11–15. Available at www.unhcr.org/afr/research/evalreports/4ee754c19/states-denial-review-unhcrs-response-protractedsituation-stateless-rohingya.html. See Inter-American Commission on Human Rights, Report on the situation of human rights in the Dominican Republic, 31 December 2015, paras. 4–6 and 197–271. Available at www.oas.org/en/iachr/reports/pdfs/dominicanrepublic-2015.pdf; CERD/C/DOM/CO/13-14, paras. 19–21; A/HRC/7/19/Add.5-A/HRC/7/23/Add.3, paras. 51–87 and 125–131; Inter-American Court of Human Rights, Yean and Bosico v. Dominican Republic. See United States of America, Citizenship and Immigration Services, “Termination of the designation of Haiti for temporary protected status” (Federal Register, 18 January 2018). Available at www.federalregister.gov/documents/2018/01/18/2018-00886/termination-of-the-designation-of-haitifor-temporary-protected-status. See Inter-American Court of Human Rights, Yean and Bosico v. Dominican Republic, para. 260. See A/HRC/7/19/Add.5-A/HRC/7/23/Add.3, paras. 49, 55–56 and 129. Ibid., para. 62. James A. Goldston, “Holes in the rights framework: racial discrimination, citizenship, and the rights of noncitizens”, Ethics and International Affairs, vol. 30, No. 3 (2006), p. 327. See CERD/C/JPN/CO/7-9, para. 11. 15