2021]
NATIONALITY LAWS
115
Nations (UN) human rights treaty. 137 While none of these
complaints challenge nationality laws, they and the parallel case
before the International Court of Justice (ICJ) 138 raise issues
about the correct interpretation of Article 1(2) of the ICERD and
hence the relationship between discrimination on the grounds of
nationality and racial discrimination.139
Article 14 (1) provides that a state party may make a
declaration allowing for individual and group complaints to be
made to the Committee regarding violations of rights under the
Convention by the state in question. 140 Of the fifty-seven
individual communications brought to the Committee, only three
have invoked Article 5(d)(iii), namely, racial discrimination in
respect of the right to nationality, and in none of these cases has
the claim been made out.141
137 U.N. High Comm’r for Hum. Rts, Comm. on Elimination Racial
Discrimination,
Inter-State Communications,
https://www.ohchr.org/EN/HRBodies/CERD/Pages/InterstateCommunications.a
spx [https://perma.cc/N9A2-8F3H] (last visited Sept. 6, 2020). For other such
mechanisms, see Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment art. 21, Dec. 10, 1984, T.I.A.S. No. 941120.1, 1465 U.N.T.S. 85; International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families art. 74, Dec. 18,
1990, 2220 U.N.T.S. 3; International Convention on the Protection of All Persons
from Enforced Disappearance art. 32, Dec. 20, 2006, 2716 U.N.T.S. 3; Optional
Protocol to the International Covenant on Economic, Social and Cultural Rights,
art. 10, Dec. 10, 2008, 2922 U.N.T.S. 29; Optional Protocol to the Convention of
the Rights of the Child on a Communication Procedure art. 12, Dec. 19, 2011,
2983 U.N.T.S. Registration No. 27531; International Covenant on Civil and
Political Rights arts. 41–43, Dec. 16, 1966, T.I.A.S. No. 92-908, 999 U.N.T.S. 171.
138 Elimination of All Forms of Racial Discrimination (Qatar v. U.A.E.),
Application Instituting Proceedings, ¶¶ 55–56 (June 11, 2018), https://www.icjcij.org/public/files/case-related/172/172-20180611-APP-01-00-EN.pdf
[https://perma.cc/K6M6-3P3G] (conceding that while Article 1(2) affords nations
the right to distinguish citizens from non-citizens, it does not allow nations to
discriminate against non-nationals by treating one group differently from
another).
139 See Comm. on Elimination Racial Discrimination, Jurisdiction of the
Inter-State Communication Submitted by Qatar Against the Kingdom of Saudi
Arabia, U.N. Doc. CERD/C/99/5 (Aug. 30, 2019).
140 ICERD, supra note 11, art. 14 (Of the 182 states parties to the
Convention, fifty-nine have made a declaration under art. 14(1) to recognize the
competency of the Committee to hear individual complaints. The Committee
only possesses jurisdiction to hear the petitioner’s complaint once it has
ascertained that they have exhausted all domestic remedies. Id. art. 14(7)(a).
After hearing the complaint, the Committee is required to communicate any
suggestion and recommendation to both the State party and the petitioner. Id.
art. 14(7)(b)).
141 See Pjetri v. Switzerland, Communication 53/2013, Opinion, Comm.
on Elimination Racial Discrimination, ¶ 4.2, U.N. Doc. CERD/C/91/D/53/2013