2018] NATIONALITY AND DEFINING “THE RIGHT TO HAVE RIGHTS” S877 protection” and “thus, a usual consequence of nationality was denied them.” 137 Scholars articulated that nationality was significant because it “set[] in motion the machinery of diplomatic protection.” 138 The primacy of diplomatic protection manifested not only in the works of scholars but also in the negotiations of State representatives. From even the earliest drafts of the UDHR, it is apparent that State representatives viewed the key distinction between nationals and non-nationals to be the former’s access to diplomatic protection. 139 The Belgian delegate lamented “the tragic situation of stateless persons who had no diplomatic protection.” 140 The Dutch delegate interpreted statelessness similarly, characterizing the draft UDHR’s inclusion of provisions on nationality as a means of ensuring that “everyone will have the right to invoke some official protection.” 141 The South African delegate urged that the right to a nationality be read narrowly, with a focus on access to protection. 142 Multiple State representatives proposed charging the United Nations or the International Refugee Organization with the exercise of diplomatic protection for stateless persons. 143 Midway through the drafting, the right to a nationality was removed, as State representatives could not agree on the value of announcing the right 144 or the mechanism by which stateless persons should have access to diplomatic protection. 145 The right was only 137. Hudson, supra note 69, at 7. 138. PANHUYS, supra note 115, at 63. 139. Comm’n on Human Rights, Analysis of Various Draft International Bills of Rights, supra note 132. 140. Comm’n on Human Rights, Second Session: Summary Record of Thirty-Seventh Meeting, supra note 132. 141. Comm’n on Human Rights, Third Session: Comments from Governments on the Draft International Declaration on Human Rights, Draft International Covenant on Human Rights and the Question of Implementation, supra note 129. 142. Comm’n on Human Rights, Third Session: Comments from Governments on the Draft International Declaration on Human Rights, Draft International Covenant on Human Rights and the Question of Implementation, U.N. Doc. E/CN.4/82/Add.4 (Apr. 27, 1947). 143. See Comm’n on Human Rights, Second Session: Summary Record of ThirtySeventh Meeting, supra note 132; Comm’n on Human Rights, Third Session: Comments from Governments on the Draft International Declaration on Human Rights, Draft International Covenant on Human Rights and the Question of Implementation, supra note 129; Comm’n on Human Rights, Brazil: Amendment to the 3rd Paragraph of the French Amendment, U.N. Doc. A/C.3/324 (Nov. 5, 1948). 144. Comm’n on Human Rights, Second Session: Summary Record of the Forty-Fourth Meeting, U.N. Doc. E/CN.4/AC.1/SR.44 (May 24, 1948). 145. Comm’n on Human Rights, Second Session: Summary Record of the Thirty-Ninth Meeting, U.N. Doc. E/CN.4/AC.1/SR.39 (June 1, 1948). Electronic copy available at: https://ssrn.com/abstract=2954729

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