724 THE AMERICAN JOURNAL OF INTERNATIONAL LAW [Vol. 105:694 But there may be limits to the acceptable length of durational residency requirements. The European Convention on Nationality provides that the period of residence required as a condition for naturalization not exceed ten years.190 This requirement reflects prevailing practice among states, under which naturalization is possible (usually subject to additional qualifications) after a residency period of ten years or less (in most states closer to five years).191 States with longer residency requirements have been pressed to shorten them. In the context of a major international controversy regarding its post-Soviet citizenship regime, Latvia’s sixteenyear residency requirement proved “particularly controversial”;192 it was later reduced to five.193 CERD denounced Liechtenstein’s thirty-year residency requirement as “excessively lengthy.”194 Under major 1999 citizenship reform legislation, German reduced its residency requirement from fifteen years to eight.195 With the European Convention standard as a possible focal point, ten years may come to mark the outer limit of residency required for naturalization. Integration requirements (language and civics tests). Most states condition naturalization on the satisfaction of cultural and political knowledge requirements. The United States, for instance, requires naturalization applicants in most cases to demonstrate a facility in the English language and a knowledge of national history and governmental institutions.196 It is clear that in some form such thresholds to citizenship are consistent with existing international human rights norms, even though in practice they will restrict access to citizenship.197 As with 190 European Convention on Nationality, supra note 117, Art. 6(3). See Patrick Weil, Access to Citizenship: A Comparison of Twenty-five Nationality Laws, in CITIZENSHIP TODAY, supra note 5, at 17, 22–23 (setting forth naturalization requirements of various states, none of which include a residency requirement longer than ten years); see also JOPPKE, supra note 152, at 175 n.14 (“there is an emergent sense in Europe that five years’ legal residence time as prerequisite to naturalization is ‘best practice’ ”); MANBY, CITIZENSHIP LAW IN AFRICA, supra note 5, at 14 (calling for right to acquire naturalization after habitual residence of five years among African states, some of which have residency requirements as long as thirty-five years); Goldston, supra note 119, at 344 (calling for entitlement to citizenship after continuous residence “for a reasonable period of time—perhaps five years”). 192 Orentlicher, supra note 155, at 301. 193 See CITIZENSHIP POLICIES IN THE NEW EUROPE, supra note 5, at 52–53 (Estonia), 66 – 67 (Latvia). In the face of the European pressure, both Estonia and Latvia have implemented laws and other administrative practices to facilitate the naturalization of Russian residents. Reform in the Baltics was motivated by entry barriers to the Council of Europe and the European Union. See ZIEMELE, supra note 139, at 321 (delay in Latvia’s admission to Council of Europe “primarily dependent” on issues relating to naturalization practices). The subsequent admission eliminated a major leverage point, however, see HOWARD, supra note 5, at 183, and concerns continue to be voiced regarding citizenship policies in the Baltics. See, e.g., CERD, Annual Report: Latvia, UN Doc. A/58/18 (Nov. 1, 2003); see also Office of the High Commissioner on Human Rights, Report of the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance, Addendum: Mission to Latvia, UN Doc. A/HRC/7/19/Add.3 (Mar. 5, 2008). 194 CERD, Concluding Observations: Liechtenstein, para. 17, UN Doc. CERD/C/LIE/CO/3 (May 7, 2007). 195 See Hailbronner, supra note 188, at 215–224. Even so, implementation of the naturalization reforms in Germany have been questioned to the extent that they have not sufficiently raised naturalization rates, implying an affirmative duty to facilitate the acquisition of citizenship. See CERD, Concluding Observations: Germany, para. 20, UN Doc. CERD/C/DEU/CO/18 (Sept. 22, 2008) (“While taking note of the amendments to the Nationality Law simplifying the acquisition of German citizenship by long-term residents, the Committee regrets that a considerable proportion of non-citizens who may fulfil the requirements to obtain naturalization still live in the State party without citizenship, in particular persons of Turkish origin.”); see also Office of the High Commissioner on Human Rights, Report of the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance, Addendum: Mission to Italy, UN Doc. A/HRC/4/19/Add.4, at 15, 27 (Feb. 15, 2007) (welcoming draft citizenship law under which residency period would be reduced from ten years to five). 196 See 8 U.S.C. §1423 (2010). 197 See Peter J. Spiro, Questioning Barriers to Naturalization, 13 GEO. IMMIGR. L.J. 479, 509 (1999). 191 This content downloaded from 82.196.111.31 on Thu, 07 Oct 2021 15:20:30 UTC All use subject to https://about.jstor.org/terms