2020
Statelessness & Citizenship Review
2(2)
prejudices and promote understanding among different groups. 109 General
Recommendation No 13 acknowledges the role of ‘public authorities and public
institutions, national and local’, in guaranteeing the rights identified under art 5,
and that ‘law enforcement officials should receive intensive training’ to do so. 110
In relation to this, it is worth reiterating that in art 2 on obligations, the ICERD
requires states to take active measures to combat racial discrimination. Building
on this, the Committee calls upon states parties to report on measures taken for
training of law enforcement in the elimination of racial discrimination, when
preparing its periodic state report. 111
The state is responsible for ensuring that its public authorities comply with the
ICERD. However, during the assessment of Concluding Observations and
individual complaints, no communications were found that challenged the
discretion of public authorities in determining nationality itself, even if the
chances were high that it would lead to discrimination and arbitrariness. On the
naturalisation procedure, the Committee has made recommendations to ensure
‘standardized registration procedures’ or ‘legal safeguards’. 112 However, it has not
been consistent in the way it phrases such recommendations. To countries with
particular problems regarding prejudices and the right to nationality, such as
Madagascar, Thailand, Lebanon and Kuwait, the Committee has not mentioned
discrimination as a result of such prejudices, although it did in these cases raise
other issues related to nationality. 113
Switzerland provides another interesting case study. It includes in its
naturalisation procedure a popular vote to determine if a person should obtain
citizenship in a number of its states (Cantons). In 2002, the Committee noted that
‘it was concerned at expressions of xenophobic and racist attitudes’ in these
procedures. 114 When an applicant of Albanian origin was rejected for Swiss
nationality by popular vote, he submitted a complaint to the Committee claiming
that he was rejected because of his national origin. While the Committee declared
the case inadmissible as ‘discrimination on the grounds of national or ethnic
109
110
111
112
113
114
ICERD (n 3) art 7.
Committee on the Elimination of Racial Discrimination, General Recommendation 13 on the
Training of Law Enforcement Officials in the Protection of Human Rights, UN Doc A/49/18
(16 March 1993) [1]–[2].
SRG, UN Doc CERD/C/2007/1 (n 25) [19].
Concluding Observations: Kenya, UN Doc CERD/C/KEN/CO/5-7 (n 74) [27], [29].
De Chickera and Whiteman (n 8) 104; 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: Madagascar, UN Doc CERD/C/65/CO/4 (10 December 2004) [15]
(‘Concluding Observations: Madagascar’); Committee on the Elimination of Racial
Discrimination, Concluding Observations on the Eighteenth to Twenty-Second Periodic
Reports of Lebanon, UN Doc CERD/C/LBN/CO/18-22 (26 August 2016) [23] (‘Concluding
Observations: Lebanon’); Committee on the Elimination of Racial Discrimination,
Concluding Observations on the First to Third Periodic Reports of Thailand, Adopted by the
Committee at Its Eighty-First session, UN Doc CERD/C/THA/CO/1-3 (15 November 2012)
[14] (‘Concluding Observations: Thailand’).
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: Switzerland, UN Doc
CERD/C/60/CO/14 (21 May 2002) [10].
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