2011] AN INTERNATIONAL LAW OF CITIZENSHIP 729 arbitrarily dismissing applications and that limit administrative discretion in judging substantive questions, written justifications for rejections[,] and judicial review of decisions with individual rights of appeal.234 The European Convention on Nationality requires parties to ensure that nationality-related applications “be processed within a reasonable time” and that fees be “reasonable.”235 Broadbased increases in naturalization rates can be attributed to relaxed naturalization thresholds and more regularized naturalization procedures.236 Discriminatory birthright citizenship practices. The treaty committees have expressed concern regarding birthright citizenship classifications in Cambodia,237 the Central African Republic,238 the Congo,239 the Dominican Republic,240 Kuwait,241 Sri Lanka,242 Syria,243 and Zaire.244 The committees have also highlighted discriminatory elements of citizenship acquisition practices in several country reports.245 The Committee on the Rights of the Child noted that it was “very concerned” about Liberia’s citizenship regime, under which birthright citizenship is restricted on the basis of racial origin.246 Jus soli for intergenerational migrants. It is increasing common for states to extend citizenship at birth to the children of habitual lawful residents, especially to children of individuals themselves born in state territory (so-called double jus soli). The European Convention on Nationality calls on parties to “facilitate” the acquisition of nationality of persons born in, and lawfully 234 Bauböck & Perchinig, supra note 180, at 439; see also MANBY, CITIZENSHIP LAWS IN AFRICA, supra note 5, at 14 (calling for provision of written reasons for rejection of naturalization application and for right to judicial review); SOKOLOFF, supra note 152, at 29 (“[r]ed tape is an effective means of discouraging people from regularizing their situation”). 235 Supra note 117, Arts. 10 –13. 236 See HOWARD, supra note 5, at 217 (table showing increased naturalization rates in eleven of fifteen core European Union states); Gurowitz, supra note 165, at 439. 237 CERD, Concluding Observations: Cambodia, para. 290, UN Doc. A/53/18 (Sept. 10, 1998). 238 Committee on the Rights of the Child, Concluding Observations: Central African Republic, paras. 435–36, UN Doc. CRC/C/100 (Nov. 14, 2000). 239 Committee on the Rights of the Child, Concluding Observations: Democratic Republic of the Congo, paras. 177–78, UN Doc. CRC/C/108 ( July 23, 2001). 240 Human Rights Committee, Annual Report: Dominican Republic, para. 78, UN Doc. A/56/40, vol. I (Oct. 26, 2001). 241 See CERD, Concluding Observations: Kuwait, para. 376, UN Doc. A/48/18 (Sept. 15, 1993); see also HUMAN RIGHTS WATCH, THE BEDOONS OF KUWAIT: “CITIZENS WITHOUT CITIZENSHIP” (1995). 242 CERD, Concluding Observations: Sri Lanka, para. 334, UN Doc. CERD/A/56/18 (Aug. 15, 2001) (discrimination against Tamils). 243 CERD, Concluding Observations: Syria, para. 176, UN Doc. A/54/18 (Sept. 29, 1999) (Syrian-born Kurds). 244 CERD, Concluding Observations: Zaire, para. 525, UN Doc. A/51/18 (Sept. 30, 1996). 245 See, e.g., Human Rights Committee, Concluding Observations: San Marino, para. 9, UN Doc. CCPR/C/ SMR/CO/2 ( July 31, 2008) (noting a particular concern about a law that discriminated against children, one of whose parents was a naturalized citizen: “The State party should amend the law so as to ensure that children are not discriminated against on the ground of the nationality of any one parent and in particular ensure equal right to acquisition of citizenship, irrespective of whether both or only one of the parents are naturalized San Marino citizens.”). 246 Committee on the Rights of the Child, Concluding Observations: Liberia, paras. 334 –35, UN Doc. CRC/ C/140 (Sept. 27, 2004); see also MANDBY, STRUGGLES FOR CITIZENSHIP IN AFRICA, supra note 5, at 56 – 66 (describing racially discriminatory citizenship regime in Sierra Leone); AMERICAN BAR ASSOCIATION RULE OF LAW INITIATIVE, ANALYSIS OF THE ALIENS AND NATIONALITY LAW OF THE REPUBLIC OF LIBERIA 13–14 (May 2009), at http://apps.americanbar.org/rol/publications/liberia_analysis_of_the_aliens_and_nationality_ law.pdf (finding Liberian measure inconsistent with international norms). 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