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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).