A/HRC/38/52 intolerance are concerned. The relationship between racial and religious discrimination is complex. Racial and religious discrimination are not always easy to distinguish, especially in practice. For example, religious minorities may also be racially or ethnically distinct in ways that make them vulnerable to racial discrimination that is formally achieved through religious preferences. Furthermore, in some cases religion and race become fused in dangerous ways. In many parts of the world, individuals or groups are discriminated against because they are “Muslim-looking” irrespective of whether these individuals or groups even hold Islamic religious beliefs.50 On the other hand, the citizenship laws of some countries discriminate against non-Muslims and non-Arabs. 51 While the International Convention on the Elimination of All Forms of Racial Discrimination does not mention religion as a basis for prohibited racial discrimination, the Committee on the Elimination of Racial Discrimination has found that article 1 may apply to cases involving religious discrimination where the targeted individual or individuals belong to identifiable ethnic minority groups. 52 IV. Contemporary drivers and manifestations of racial discrimination in citizenship, nationality and immigration laws, policies and practices 38. When States justify, adopt and implement policies that racially discriminate on the basis of citizenship and immigration status, they do so using a combination of approaches. It can be difficult to isolate individual drivers of discrimination and intolerance but it is possible to identify distinct, although related, categories. A. Ethno-nationalism 39. The most obvious driver and facilitator of racial discrimination in citizenship and immigration laws is explicit prejudice, often rooted in ethno-nationalist ideologies. Ethnonationalism, broadly defined, views the nation as “defined in terms of assumed blood ties and ethnicity”.53 It is important to highlight that, despite popular perception, ethno-nationalist ideologies are not spontaneous. They are the result of a range of complex economic, political, social and historical forces combined with the deliberate manipulation by “ethnic entrepreneurs” 54 and other political actors who seek to advance the narrow interests of particular groups. 40. Ethno-nationalism is not new. As discussed below, it has deep historical roots that have long operated in the realm of the law and policies of political membership. For example, European colonialism relied on ethno-nationalist theories to systemically exclude nonEuropeans from effective citizenship status. In the nineteenth and twentieth centuries, Jews and Roma in Europe were targeted and excluded from citizenship on ethno-nationalist grounds. However, shifts have occurred over the past four years that include remarkable and 50 51 52 53 54 12 Muneer I. Ahmad, “A rage shared by law: post-September 11 racial violence as crimes of passion”, California Law Review, vol. 92, No. 5 (October 2004), p. 1278; Stephanie E. Berry, “Bringing Muslim minorities within the International Convention on the Elimination of All Forms of Racial Discrimination—square peg in a round hole?”, Human Rights Law Review, vol. 11, No. 3 (September 2011), p. 446; Olivier Roy, Globalized Islam: The Search for a New Ummah (New York, Columbia University Press, 2004), p. 133. Bronwen Manby, Citizenship Law in Africa, p. 4. Available at www.unhcr.org/4cbc60ce6.pdf. For an analysis of the jurisprudence of the Committee on the Elimination of Racial Discrimination involving religious discrimination that reaches this conclusion, see Stephanie E. Berry, “Bringing Muslim minorities within the International Convention on the Elimination of All Forms of Racial Discrimination—square peg in a round hole?”, Human Rights Law Review, vol. 11, No. 3 (September 2011), pp. 431–436 and 450. René Lemarchand, “The siren song of self-determination”, UNESCO Courier (June 1993), p. 30. Available at http://unesdoc.unesco.org/images/0009/000944/094420eo.pdf. Ibid., p. 31. See also Kris Brown and Fionnuala Ní Aoláin, “Through the looking glass: transitional justice futures through the lens of nationalism, feminism and transformative change”, International Journal of Transitional Justice, vol. 9, No. 1 (March 2015), p. 140.