discrimination has been recognized as jus cogens / a peremptory norm of international law, which creates obligations towards all / erga omnes, and from which no derogation is acceptable (irrespective of any treaty obligations).15 Pakistan has also ratified the International Convention on the Elimination of All Forms of Racial Discrimination, which states in Article 1 that racial discrimination encompasses any differentiation, exclusion, restriction, or preference based on race, colour, descent, or national or ethnic origin, which aims to nullify or impair the equal enjoyment of human rights and fundamental freedoms across various spheres of public life. The Convention serves as a cornerstone for protection against discrimination and racism and any actions inconsistent with its provisions risk damaging Pakistan’s reputation on the international stage. Differential treatment in denying citizenship to children of Afghan refugees while granting it to children of other nationalities under Pakistan Citizenship Act would constitute as a clear violation of Pakistan’s international obligations. Additionally, Article 5 of the Convention mandates that states ensure the right to equality before the law for all individuals, without discrimination. By disregarding the Conventions mandates, particularly Article 5, which guarantees equality before the law and prohibits discrimination, Pakistan not only undermines its commitments to upholding human rights but also risks scrutiny and condemnation from the international community. Thus, upholding the principles enshrined in Pakistan’s international obligations is essential not only for safeguarding the rights of the most vulnerable populations such as Afghan refugee 15 These norms reflect and protect fundamental values of the international community, are hierarchically superior to other rules of international law and are universally applicable.’ Therefore, even if Pakistan has not signed a treaty imposing a specific obligation on it, Pakistan still has an absolute responsibility to not engage in acts that would constitute as a violation of peremptory norms / jus cogens such as torture, racial discrimination etc.; these acts are universally and without exception prohibited. See Chapter V, ‘Peremptory norms of general international law (jus cogens)’ at https://legal.un.org/ilc/reports/2019/english/chp5.pdf 8