114 COLUM. J. RACE & L. [Vol. 11:83 advantage granted to natural born citizens and the disadvantages of naturalization).130 Second, and relatedly, while Article 1(3) was viewed as an exception to the broad protections contained in Article 1(1), it was seen by many of the drafters as a limited exception aimed at providing scope for states to favor or give preference to certain groups in response to the context of decolonization. B. Committee on the Elimination of Racial Discrimination and Article 1(3): Toward a Justification The Convention’s expert monitoring body, the Committee, was established by operation of Article 8 of ICERD.131 The Committee is comprised of independent experts nominated and elected by states parties to ICERD. 132 States parties to ICERD are obliged to report to the Committee one year after the Convention enters into force and every two years thereafter on the measures they have adopted to give effect to the Convention. 133 The Committee publishes concluding observations on the basis of the information gathered through this reporting. Additionally, the Committee is to report annually to the General Assembly on its activities, and is empowered to make General Recommendations and suggestions on the basis of the information they have gathered from states parties. 134 Furthermore, the Committee is empowered under Article 11 to receive and communicate inter-state complaints regarding the failure to give effect to the Convention by a state party.135 This mechanism was utilized for the first time in 2018 when three separate complaints were received by the Committee.136 This is particularly noteworthy since it is the first time that an interstate complaint mechanism has been invoked under any United 130 Id. at 1010 (noting that including the word “national” lacked the support of several states because, among other reasons, “certain legitimate differentiations based on national origin might conceivably be prohibited under the Convention if the words were retained.”). 131 ICERD, supra note 11, art. 8. 132 Id. art. 8(1)–(4). 133 Id. art. 9(1). 134 Id. art. 9(2). 135 Id. art. 11(1). 136 See State of Qatar v. Kingdom of Saudi Arabia, ICERD-ISC-2018/1 (Comm. on Elimination Racial Discrimination 2018); State of Qatar v United Arab Emirates, ICERD-ISC-2018/2 (Comm. on Elimination Racial Discrimination 2018); State of Palestine v State of Israel, ICERD-ISC-2018/3 (Comm. on Elimination Racial Discrimination 2018).

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