Addressing Statelessness through ICERD Nevertheless, in the period of 2004–19, the Committee has referred to themes related to ‘nationality’, ‘statelessness’ or ‘naturalisation’ in at least 145 Concluding Observations — over half of all such assessments — ranging from recommendations to accede to the Statelessness Conventions; to provide data on naturalisation procedures; to change citizenship legislation; and consider granting nationality to particular stateless groups. In 2004, the Committee clarified in its GR 30 how it interpreted the obligations under the Convention regarding non-citizens, in which it devoted a section on access to citizenship. 14 This interpretation is the starting point of this paper. In particular, the article will look at three aspects of the right to a nationality; deprivation of nationality, denial of nationality and positive obligations to fulfil the right to a nationality. The Content of the Convention In comparison to the other instruments of that period — the Universal Declaration of Human Rights (‘UDHR’), 15 the Charter of the United Nations, 16 the International Covenant on Civil and Political Rights (‘ICCPR’) and the International Covenant on Economic, Social and Cultural Rights. 17 —the ICERD provides for the equal enjoyment of existing rights regardless of racial background, rather than it stipulating new rights. 18 As Thornberry notes, the genesis of the ICERD strives against ‘unfair or unjust distinctions on defined grounds’ that lead to an unequal enjoyment of the already accepted human rights. 19 As such, it relies on the rights included in other treaties. However, in art 5, an open-ended list of rights is provided, including in the right to a nationality. 20 This builds onto the key art 1, defining racial discrimination, and art 2, which sets out the measures a member state should take to eliminate such discrimination. The ICERD has repeatedly been described as a ‘living instrument’, which should be read in light of both legal and practical circumstances. The Committee therefore holds the opinion that the ICERD ‘must be interpreted and applied taking into account the circumstances of contemporary society’, and this interpretation can therefore change over time and with context. 21 One of the changes over time has been that, although the ICERD does not create new rights, the rights listed 14 15 16 17 18 19 20 21 GR 30, UN Doc CERD/C/64/Misc.11/Rev.3 (n 13) [13]–[17]. Universal Declaration of Human Rights, GA Res 217A (III), UN GAOR, 3rd sess, 183rd plen mtg, UN Doc A/810 (10 December 1948) (‘UDHR’). Charter of the United Nations. ICCPR (n 7); International Covenant on Economic, Social and Cultural Rights, opened for signature 16 December 1966, 993 UNTS 3 (entered into force 3 January 1976). Egon Schwelb, ‘The International Convention on the Elimination of all Forms of Racial Discrimination’ (1966) 15(4) The International and Comparative Law Quarterly 1001–2. Patrick Thornberry, The International Convention on the Elimination of All Forms of Racial Discrimination (Oxford University Press 2016) 132. ICERD (n 3) art 5(d)(iii). Thornberry (n 19) 4; Committee on the Elimination of Racial Discrimination, General Recommendation No 32: The Meaning and Scope of Special Measures in the International Convention on the Elimination of All Forms Racial Discrimination, UN Doc CERD/C/GC/32 (24 September 2009) (‘GR 32’) [5]; Committee on the Elimination of Racial Discrimination, Communication No 26/2002, UN Doc CERD/C/62/D/26/2002 (14 April 2003) [7.3]; Committee on the Elimination of Racial Discrimination, General Recommendation 35 on Combatting Racist Hate Speech, UN Doc CERD/C/GC/35 (26 September 2013) [4]. 225

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