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country launched a violent counter-insurgency against one ethnic group, reportedly
in retaliation for an attack that killed border police officers. Villages were burned
and hundreds of civilians were beaten, raped or killed. 28
2.
Xenophobia and racism in immigration and border control policies
Freedom of movement
25. The Special Rapporteur notes that, in the light of increasing terrorist threats,
some States have adopted measures aimed at preventing potentially dangerous
individuals from entering a country, from travelling internally or from returning to a
country where they have the right of abode. Aggressive counter -terrorism measures
restricting freedom of movement have disproportionately affected persons from the
Middle East.
26. In one Western European country, hundreds of people have been subjected to
administrative bans, preventing them from leaving or entering the country since
2015. 29 Public authorities often justify those orders by resorting to counter-terrorism
rhetoric. 30
27. An executive order which was recently issued in one North American country
suspended the refugee admissions programme for 120 days, stopping it indefinitely
for refugees from a particular country. The order also imposed an entry-ban on
nationals of seven Muslim-majority countries. National security concerns and the
threat of terrorism were cited as justifications. 31 After the order had been blocked by
lower courts, the country’s Supreme Court has recently allowed a modified version
to come into effect. 32
Nationality
28. Similarly, the Special Rapporteur notes that legislative amendments in several
Western Europe countries have made it easier for Governments to strip citizens of
their nationalities if they are suspected of activities related to terrorism. Such
amendments are particularly problematic where due process safeguards are not
guaranteed. In some extreme cases, legislation does not require prior judicial
authorization or allows for citizens to be stripped of their nationality while abroad. 33
The Special Rapporteur also expresses concern about a recent court ruling that
could set a dangerous precedent for the discriminatory use of nationality -stripping
measures in one Middle Eastern country. The judgment revoked the citizenship of
an individual belonging to an ethnic minority on the basis of the Nationality Law,
which allows for the revocation of citizenship for breach of loyalty to the State,
including for terrorist acts. 34
29. Many countries that have introduced nationality-stripping measures apply such
measures to dual nationals only, thus ensuring that the removal of nationality do es
not result in statelessness. 35 However, the Special Rapporteur notes with concern
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29
30
31
32
33
34
35
8/23
See https://perma.cc/WH7G-KFCL.
Bérénice Boutin, Administrative Measures against Foreign Fighters: In Search of Limits and
Safeguards, ICCT research paper (The Hague, International Centre for Counter -Terrorism, 2016),
pp. 11-12. See also Amnesty International, “Dangerously disproportionate: the ever -expanding
national security state in Europe” (London, 2017), p. 50.
See https://goo.gl/1WY8tm.
See https://perma.cc/7245-GKMC.
See https://goo.gl/dHgm1R.
Amnesty International, “Dangerously disproportionate”, pp. 58 -63.
See goo.gl/aCnHjB; goo.gl/SwF6bJ.
Amnesty International, “Dangerously disproportionate”, p. 58.
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