A/HRC/46/30
verified citizens and instead declared them “illegal immigrants”. 99 The Citizenship
Amendment Act of India fast-tracks the citizenship of Hindu, Sikh, Buddhist, Jain, Parsi and
Christian individuals who arrived from Afghanistan, Bangladesh or Pakistan before 2015;
the absence of Muslims from that list is notable.100 Myanmar has denied citizenship to its
predominately Muslim, Rohingya ethnic minority since 1982. Successive governments have
claimed that no such ethnic group as “Rohingya” exists, preferring to label the community
as “Bengali illegal immigrants”. Most recently, Myanmar introduced national verification
cards to enable individuals to gain access to public services and required Rohingya to register
as Bengali to obtain one. 101 Faced with resistance from Rohingya against registering as
Bengali, the Myanmar authorities have reportedly responded with arbitrary arrest, enforced
disappearance and torture.102
In other States, Muslims are denied citizenship or legal immigration status due to
xenophobic and racialized perceptions that Muslims represent national security and terrorism
threats. It is reported that the United States disproportionately applies its Controlled
Application Review and Resolution Program – a largely secretive, extreme vetting process
for immigrants perceived to be a threat to national security – to immigrants of Arab, Middle
Eastern and South Asian origin or ethnicity with the result that a significant number of
applications from Muslims are indefinitely postponed or denied without proper notice,
justification or the possibility to appeal.103 The Program has also reportedly been used to
pressure Muslims into gathering intelligence on their local communities for use by law
enforcement agencies.104
It was also reported to the Special Rapporteur that States have denied citizenship
applications in response to individuals’ expression of religion or belief, alleging an
incompatibility between certain Muslim practices and “national values” such as gender
equality. 105 Three European States have rejected citizenship applications by individuals
unwilling to shake hands with a government representative so as not to violate their religious
belief that it is prohibited to touch someone of another gender with whom they are neither
intimate nor related.106 Denmark has reportedly adopted similar policies, although the Special
Rapporteur has not received any reports of Muslims being refused citizenship on this basis
to date.107 Similarly, one of the reasons cited by a French court in upholding a decision to
deny citizenship to a Muslim woman was her practice of wearing a burka.108
Relatedly, representatives of four European States have publicly rejected Muslim
refugees or migrants in their societies, amid accusations of preferential treatment for
Christian refugees.109 Hungary and Slovakia have challenged the European Union policy of
mandatory reallocation of refugees and migrants of Middle Eastern and North African origin
before the European Court of Justice, 110 in the context of those States’ leaders publicly
claiming that Muslims were “criminals” “who are impossible to integrate”111 and that the
99
100
101
102
103
104
105
106
107
108
109
110
111
12
OL IND 11/2019, OL IND 13/2018 and OL IND 29/2018.
AL IND 3/2020.
A/HRC/40/37, paras. 22–26, and A/75/335, para. 31.
www.fortifyrights.org/downloads/Tools%20of%20Genocide%20-%20Fortify%20Rights
%20-%20September-03-2019-EN.pdf. See also A/HRC/38/52.
www.aclusocal.org/sites/default/files/carrp-muslims-need-not-apply-aclu-socal-report.pdf.
Ibid.
www.oasiscenter.eu/en/islam-in-europe-paradoxes-of-integration-debate.
France (www.conseil-etat.fr/fr/arianeweb/CRP/conclusion/2018-04-11/412462?download_pdf),
Germany (http://lrbw.juris.de/cgi-bin/laender_rechtsprechung/document.py?Gericht=bw&nr=32523)
and Switzerland (www.bbc.co.uk/news/world-europe-45232147).
Submission by the Centre for Danish-Muslim Relations.
www.legifrance.gouv.fr/ceta/id/CETATEXT000019081211/.
Czechia (https://content.sciendo.com/view/journals/jnmlp/12/2/article-p192.xml?language=en),
Hungary, Poland
(www.ceemr.uw.edu.pl/sites/default/files/Gozdziak_Marton_Where_the_Wild_Things_Are.pdf) and
Slovakia (www.politico.eu/article/robert-fico-islam-no-place-news-slovakia-muslim-refugee/).
https://eur-lex.europa.eu/legalcontent/en/TXT/PDF/?uri=uriserv%3AOJ.C_.2017.374.01.0004.01.ENG.
https://domov.sme.sk/c/20070758/fico-musime-zabranit-vzniku-ucelenej-moslimskej-komunity-naslovensku.html.