2020 Statelessness & Citizenship Review 2(2) its concern over the risk of statelessness amongst these returnees. 53 On the situation in the Dominican Republic, the Committee strongly condemned the retro-active application of its General Law on Migration No 285-04, through which persons of Haitian descent were stripped of their Dominican nationality. 54 Furthermore, it expressed its concern of the broader consequences that this deprivation of nationality can have, particularly when it comes to ‘mass, indiscriminate and arbitrary deportations of citizens of Haitian origin’. 55 Dual Nationality Similar to what is written in the 1961 Convention, the Committee has indicated that the loss of nationality with the acquisition of another is not necessarily deprivation of nationality as a violation of art 5(d)(iii) of the ICERD, as long as it is not discriminatory. Referring directly to GR 30, the Committee did raise its concern over a provision in the Lithuanian Law on Citizenship, which at the time stipulated that only citizens of Lithuanian origin were allowed to be a dual national, a measure taken to prevent the ethnic Russian population that arrived after 1940 from acquiring Lithuanian citizenship as their second. 56 Citizens of non-Lithuanian origin lost their citizenship upon acquisition of another nationality. 57 The Committee stressed that ‘deprivation of citizenship on the basis of national or ethnic origin is a breach of the obligation to ensure nondiscriminatory enjoyment of the right to nationality’ and urged Lithuania ‘to refrain from adopting any policy that directly or indirectly leads to such deprivation’. 58 Deprivation of nationality falls under the mandate of the ICERD if it is discriminatory, based on the race, colour, descent, or national or ethnic origin of the person whose citizenship has been revoked. This is first of all reiterated in the Committee’s GR 30, which states that ‘deprivation of citizenship on the [protected grounds] is a breach of States parties’ obligations to ensure non-discriminatory enjoyment of the right to nationality. 59 Furthermore, the Committee has raised its concern during the periodic report of Togo, which requires applicants for citizenship to first relinquish the nationality of origin before granting Togolese 53 54 55 56 57 58 59 Committee on the Elimination of Racial Discrimination, Consideration of Reports Submitted by States Parties under Article 9 of the Convention: Concluding Observations of the Committee on the Elimination of Racial Discrimination: Mauritania, UN Doc CERD/C/65/CO/5 (10 December 2004) [17]; Committee on the Elimination of Racial Discrimination, Concluding Observations on the Combined Eight to Fourteenth Reports of Mauritania, UN Doc CERD/C/MRT/CO/8-14 (30 May 2018) [23]–[24]. General Law on Migration No 285-04 (2004) (Dominican Republic); Institute of Statelessness and Inclusion (n 1) 8–10. Committee on the Elimination of Racial Discrimination, Concluding Observations on the Thirteenth and Fourteenth Periodic Reports of the Dominican Republic, Adopted by the Committee in its Eighty-Second Session (11 February – 1 March 2012), UN Doc CERD/C/DOM/CO/13-14 (19 April 2013) [18]–[21]. Law of the Republic of Lithuania on Citizenship (2002) Law No IX-1078 (Republic of Lithuania) arts 18(1)(2). ibid art 18(2). Concluding Observations: Lithuania, UN Doc CERD/C/LTU/CO/3 (n 49) [23]; Committee on the Elimination of Racial Discrimination, Concluding Observations on the Combined Ninth and Tenth Periodic Reports: Lithuania, UN Doc CERD/C/LTU/CO/9-10 (7 June 2019); Law of the Republic of Lithuania on Amending Articles 1, 17 and 28 of the Law of the Republic of Lithuania on Citizenship (1991) Law No VIII-391 (Republic of Lithuania) art 18(1). GR 30, UN Doc CERD/C/64/Misc.11/Rev.3 (n 13) [14]. 230