Addressing Statelessness through ICERD
Committee centre around legislative changes, which are measurable, though its
wording becomes less concrete when considering what other measures states
ought to take to ensure that the elimination of racial discrimination is achieved.
While the Committee is clear that states should indeed take measures to address
statelessness, it could benefit from more detailed guidelines on how far states
should go to ensure the right to a nationality. Building on GR 30 and consequent
Concluding Observations, one suggestion that could be further fleshed out is a
general recommendation specific to statelessness, as it has done on people of
African descent, Roma, indigenous peoples, refugees and displaced persons. 169
Such a communication could give necessary guidance to the 182 state parties on
the implementation of art 5(d)(iii) in relation to the obligations described under art
2 and, of equal importance, raise the profile of statelessness as a fundamental
human rights issue spanning all corners of the globe. Discrimination lies at the
heart of the world’s largest statelessness situations. Most recently, this has been
demonstrated by the developments in Assam, India, where the Indian citizenship
of 1.9 million people has been cast in doubt since 2019. This, on top of situations
surrounding the Rohingya in Myanmar and Bangladesh, the Bidoon in the Gulf
and Dominicans of Haitian descent, underscores the relation between statelessness
and discrimination. Building on the past and looking to the future, the Committee
can play an even stronger role in addressing this discrimination and building
towards the elimination of statelessness.
169 GR 34, UN Doc CERD/C/GC/34 (n 86); GR 27, UN Doc A/55/18 (n 141); Committee on the
Elimination of Racial Discrimination, General Recommendation No 23 on the Rights of
Indigenous Peoples, UN Doc A/52/18 (18 August 1997) annex V; GR 22, UN Doc A/51/18
(n 159).
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