2020 Statelessness & Citizenship Review 2(2) acquisition of nationality. 78 The UN Human Rights Committee (‘HRC’) has stated in its General Comment No 17 that states do not necessarily have an obligation to ‘give their nationality to every child born in their territory’. 79 This does not, however, omit that there are certain limits on the freedom of states in prescribing their citizenship requirements. 80 In this light, it has been increasingly acknowledged that, in many cases, statelessness as the result of the denial of nationality may be arbitrary under international law. 81 Also, the 1961 Convention offers safeguards against statelessness at birth and contracting states ‘shall grant its nationality to a person born in its territory who would otherwise be stateless’. It also protects persons at risk of becoming stateless if that statelessness would be caused by conflict of nationality legislation. 82 Considering the international character of the right to nationality, it is in many cases not clear which state is responsible for the acquisition of nationality of an individual. In preparation to the adoption of GR 30 on the rights of non-citizens, the former Special Rapporteur on the Rights of Non-Citizens emphasised, however, that states parties ought to treat all non-citizens equally, including when it comes to acquisition of nationality. 83 This was reaffirmed by the Committee, recommending that states ‘ensure that particular groups of non-citizens are not discriminated against with regard to access to citizenship or naturalization’. 84 While deprivation of nationality on the basis of race or descent ‘is a breach of the Convention’, the Committee has chosen slightly softer wording on denial of nationality and recommended that states ‘take into consideration that … denial of citizenship … could result in the creation of disadvantage … in terms of access to employment and social benefits’. 85 The Committee, in its General Recommendation No 34 on persons of African descent, repeats this wording and reiterates that states have an obligations to ‘ensure that legislation regarding citizenship and naturalization does not discriminate against people of African descent’. 86 Inclusion of Ethnicity in Nationality Laws The most direct form of denial of nationality on a discriminatory basis is excluding particular groups from their nationality legislation. This is a particularly relevant reasoning in former colonised or newly established states, which were or are still in the process of nation-building. 87 However, the inclusion of certain racial or 78 79 80 81 82 83 84 85 86 87 ICCPR (n 7) art 24; CRC (n 7) art 7(1); CEDAW (n 7) art 9(1); CRPD (n 7) art 18(a). United Nations Human Rights Committee, CCPR General Comment No 17: Article 24 (Rights of the Child), UN Doc HRI/GEN/1/Rev.9 (7 April 1989) (‘GC 17’) [8]. Van Waas (n 76) 97. De Chickera and Whiteman (n 8) 101. 1961 Convention (n 6) arts 1, 4; Van Waas (n 76) 54. United Nations Sub-Commission on the Promotion and Protection of Human Rights, The Rights of Non-Citizens: Final Report of the Special Rapporteur, Mr David Weissbrodt, Submitted in Accordance with Sub-Commission Decision 2000/103, Commission Resolution 2000/104 and Economic and Social Council Decision 2000/283, UN Doc E/CN.4/Sub.2/2003/23 (26 May 2003) [20]–[21]. GR 30, UN Doc CERD/C/64/Misc.11/Rev.3 (n 13) [13]. ibid [15]. Committee on the Elimination of Racial Discrimination, General Recommendation No 34 Adopted by the Committee: Racial Discrimination against People of African Descent, UN Doc CERD/C/GC/34 (3 October 2011) (‘GR 34’) [48]–[49]. Thornberry (n 19) 3. 234