A/HRC/35/41
59.
The Special Rapporteur expressed concern at the situation of an ethnic minority in
one East African country. In response to a spate of terrorist attacks, the Government
launched an operation to increase the policing of ethnic minorities and Muslim
communities.23 Over 6,000 police officers were deployed in one suburb, where the forces
raided homes and arbitrarily arrested and detained close to 4,000 people, mostly of the
country’s ethnic minority.24 There have also been cases of extrajudicial killings of terrorist
suspects implicating the country’s antiterrorism unit and the police.25
B.
Xenophobia and racism in immigration and border control policies
1.
Freedom of movement
60.
Aggressive counter-terrorism policies have disproportionally affected people from
Arab countries, considerably restricting their freedom of movement. In one Western
European country, hundreds of people have been subjected to administrative bans against
leaving or entering the country since 2015.26 The Special Rapporteur is concerned that the
authorities often justify those orders by using counter-terrorism rhetoric.27
61.
Recently, in January 2017, an executive order was issued in one country, which
suspended the Refugee Admissions Programme for 120 days, stopping it indefinitely for
refugees from a particular country and banning entry into the country of nationals of seven
Muslim-majority countries for national security concerns. 28 However, the courts ruled that
there was little proof that the ban was in any way beneficial. Although the refugee
programme remains frozen, an appellate court has upheld a stay on the travel ban. 29
2.
Nationality
62.
Several Western European countries have amended legislation to make it easier to
strip citizens of their nationalities if they are suspected of terrorist-related activities.30 In
more extreme cases, new amendments allow citizens to be stripped of their nationality
while abroad or without prior judicial authorization. 31
63.
In almost all countries with nationality-stripping measures, the Government ensures
that the removal of citizenship does not have the effect of rendering an individual
stateless.32 However, the Special Rapporteur has found that one country has legislated on
the removal of citizenship for foreign-born nationals who only hold the citizenship of which
they are being stripped.33
3.
Treatment of refugees and asylum seekers
64.
Responding to the fear of terrorism from an influx of refugees, many countries have
enacted xenophobic measures to keep asylum seekers out. The Special Rapporteur
documented examples of countries in Western Europe that are not acting fully in
accordance with the international law principle of non-refoulement and are deporting
23
24
25
26
27
28
29
30
31
32
33
Jeremy Lind, Patrick Mutahi and Marjoke Oosterom. Tangled Ties: Al-Shabaab and Political
Volatility in Kenya. Evidence report No. 130, Addressing and Mitigating Violence (Institute of
Development Studies, April 2015), p. 25.
See www.hrw.org/news/2014/05/12/kenya-end-abusive-round-ups.
See www.hrw.org/sites/default/files/world_report_download/wr2015_web.pdf.
See Amnesty International, “Upturned lives: the disproportionate impact of France’s state of
emergency” (2016). Available at https://www.amnesty.org/en/documents/eur21/3364/2016/en.
Ibid.
See https://perma.cc/7245-GKMC; also https://perma.cc/L4HZ-RXAT.
United States Court of Appeals for the Ninth Circuit, State of Washington v. Trump, Per curiam order
No. 17-35105, adopted on 7 February 2017.
See Amnesty International, “Upturned lives” (2016).
See https://perma.cc/5B72-2F9C; and http://eprints.lse.ac.uk/69460/.
Ibid.
Victoria Parsons, “Theresa May deprived 33 individuals of British citizenship in 2015” (Bureau of
Investigative Journalism, 21 June 2016).
13