2020
Statelessness & Citizenship Review
2(2)
On Kazakhstan and other states in the region, it simply recommended to ‘take
measures to address statelessness’. 140 Despite the general nature of such
recommendations, they could be seen as a starting point that obligations regarding
the right to nationality is not interpreted as only abstaining from violations.
Moreover, the Committee has also recommended states to ensure stateless persons
have access to health care, education and employment services. 141
In particular, the Committee has used its group-specific General
Recommendations to emphasise the call for positive measures. On ‘racial
discrimination against people of African descent’, it ‘observes that overcoming
the structural discrimination … calls for the urgent adoption of special
measures’. 142 In order to improve the situation of Roma communities, the
Committee recommended taking a number of special measures to improve living
conditions and participation in public life, on top of a list of other ‘regular’
measures. 143 For instance, it recommended the Russian Federation improve the
socio-economic situation of Roma communities by special measures to facilitate
their access to, inter alia, citizenship. 144 It made a similar comments on Roma
populations in Lithuania and Macedonia, among others. 145 Judging from this
language, solving statelessness is more than a goal in itself; it is, rather, an
acknowledgment that citizenship is needed to improve the situation of particular
groups. Having established that there is indeed an obligation to actively ensure
equal enjoyment of the right to a nationality, it would be interesting to see then
what sort of measures countries are required to take.
140 Committee on the Elimination of Racial Discrimination, Concluding Observations on the
141
142
143
144
145
Combined Sixth and Seventh Periodic Reports of Kazakhstan, UN Doc CERD/C/KAZ/CO/67 [19]; Committee on the Elimination of Racial Discrimination, Concluding Observations on
the Combined Eighth and Ninth Periodic Reports of Uzbekistan, UN Doc
CERD/C/UZB/CO/8-9 (14 March 2014) [20]; Concluding Observations: Tajikistan, UN Doc
CERD/C/TJK/CO/6-8 (n 99) [14]; Committee on the Elimination of Racial Discrimination,
Consideration of Reports Submitted by States Parties under Article 9 of the Convention:
Concluding Observations: Turkmenistan, UN Doc CERD/C/TKM/CO/6-7 (13 April 2012)
[17].
Committee on the Elimination of Racial Discrimination, Concluding Observations on the
Combined Twenty-Third and Twenty-Fourth Periodic Reports of Magnolia, UN Doc
CERD/C/MNG/CO/23-24 (17 September 2019) [15], [16].
GR 34, UN Doc CERD/C/GC/34 (n 86).
Committee on the Elimination of Racial Discrimination, General Recommendation No 27 on
Discrimination against Roma, UN Doc A/55/18 (16 August 2000) annex V (‘GR 27’) [28],
[29], [41].
Committee on the Elimination of Racial Discrimination, Concluding Observations on the
Twentieth to Twenty-Second Periodic Reports of the Russian Federation, UN Doc
CERD/C/RUS/CO/20-22 (1 March 2013) [15].
Committee on the Elimination of Racial Discrimination, Concluding Observations on the
Combined Sixth to Eighth Periodic Reports of Lithuania, UN Doc CERD/C/LTU/CO/6-8 (6
January 2016) [22]; Committee on the Elimination of Racial Discrimination, Concluding
Observations on the Combined Eighth to Tenth Periodic Reports of the Former Yuglosav
Republic of Macedonia, UN Doc CERD/C/MKD/CO/8-10 (21 September 2015) [20];
Committee on the Elimination of Racial Discrimination, Consideration of Reports Submitted
by States Parties under Article 9 of the Convention: Concluding Observations: Italy, UN Doc
CERD/C/ITA/CO/16-18 [24].
242