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bringing consistent attention to the existence of racially
discriminatory nationality laws and practices. To be sure, the
Committee has sometimes homed in directly on discriminatory
nationality laws, although it is perhaps worth noting that when
it does make reference directly to the Convention it tends to cite
Article 5 without mention of Article 1(3).154
General Recommendation Thirty appears to draw a
distinction
between
denial
of
nationality
and
deprivation/withdrawal of nationality. Specifically, deprivation
of nationality on racially discriminatory grounds is described as
a breach,155 whereas in relation to denial, states are urged to
“ensure” non-discrimination against “particular groups,” and
“pay due attention to” potential discrimination.156
CERD/C/65/CO/3 (Dec. 10, 2004); Comm. on Elimination Racial Discrimination,
62nd Sess., U.N. Doc. A/62/18, at 75 (2007) (regarding Kyrgyzstan); Comm. on
Elimination Racial Discrimination, Concluding Observations on Namibia, U.N.
Doc. CERD/C/NAM/CO/13-15 (June 10, 2016); Comm. on Elimination Racial
Discrimination, Concluding Observations on (North) Macedonia, U.N. Doc.
CERD/C/MKD/CO/8-10 (Sept. 21, 2015); Comm. on Elimination Racial
Discrimination,
Concluding
Observations
on
Peru,
U.N.
Doc.
CERD/C/PER/CO/22-23 (May 23, 2018); Comm. on Elimination Racial
Discrimination,
Concluding
Observations
on
Poland,
U.N.
Doc.
CERD/C/POL/CO/20-21(Mar. 19, 2014); Comm. on Elimination Racial
Discrimination, Concluding Observations on United States of America, U.N.
Doc. CERD/C/USA/CO/6 (May 8, 2008).
154 See, e.g., Comm. on Elimination Racial Discrimination, Concluding
Observations on Kenya, U.N. Doc. CERD/C/KEN/CO/1-4 (Sept. 14, 2011);
Comm. on Elimination Racial Discrimination, Concluding Observations on
Maldives, U.N. Doc. CERD/C/MDV/CO/5-12 (Sept. 14, 2011). But see Comm. on
Elimination Racial Discrimination, Concluding Observations on Côte d’Ivoire,
U.N. Doc. CERD/C/62/CO/1 (June 3, 2003); Comm. on Elimination Racial
Discrimination, Concluding Observations on Dominican Republic, U.N. Doc.
CERD/C/DOM/CO/13-14 (Apr. 19, 2013); Comm. on Elimination Racial
Discrimination,
Concluding
Observations
on
France,
U.N.
Doc.
CERD/C/FRA/CO/17-19 (Sept. 23, 2010); Comm. on Elimination Racial
Discrimination, Concluding Observations on Namibia, U.N. Doc.
CERD/C/NAM/CO/13-15 (June 10, 2016).
155 General Recommendation Thirty, supra note 146, ¶ 14.
156 Id. ¶ 13 (This is also replicated in Comm. on Elimination Racial
Discrimination,
General
Recommendation
Thirty-Four,
on
Racial
Discrimination against People of African Descent, ¶¶ 47–49, U.N. Doc.
CERD/C/GC/34 (Oct. 3, 2011)). See also Michiel Hoornick, The Right to
Nationality Under the International Convention of All Forms of Racial
Discrimination: An Assessment of its Interpretation by the Committee on the
Elimination of Racial Discrimination, 27 (Aug. 6, 2018) (L.L.M. Thesis, Tilburg
University) (on file with University Library, Tilburg University).