2021]
NATIONALITY LAWS
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Our analysis of concluding observations revealed that
with respect to denial of citizenship,157 the Committee tends to
use similar language to that seen in General Recommendation
Thirty, including “draws attention to,” “is concerned,” and
“recommends.” For example, with respect to reports that
government officials in Nepal were seeking to discourage Dalits
from applying for citizenship and that other groups had been
denied citizenship by descent, the Committee recommended that
Nepal ensure that “the laws, regulations and practices contain
procedures for issuing citizenship certificates without distinction
as to caste.” 158 In 2011, the Committee noted that it was
“particularly concerned” with the discriminatory provisions in
the Maldivian Constitution that “all Maldivians should be
Muslim, thus excluding non-Muslims from obtaining citizenship
. . . and affecting mainly people of a different national or ethnic
origin.”159 Here, the Committee referred only to Article 5.160 The
Committee’s concluding observations on Cyprus in 2013 noted
with concern that naturalization requests from persons of
Southeast Asian origin had been denied, despite meeting
requirements for naturalization.161 The Committee in that case
recommended that Cyprus “respect the right to nationality
without discrimination.” 162 In 2001, prior to its issuance of
General Recommendation Thirty, the Committee in its
observations on Latvia noted the fact that “only such persons who
were citizens of Latvia before 1940 and their descendants have
automatically been granted citizenship,” while other persons—
more than twenty-five percent of the resident population—had to
apply for citizenship and were therefore in a disadvantaged
position.163 The Committee also noted the existence of persons
157 Our analysis revealed that denial of nationality on the basis of
race/ethnic origin was considered in relation to seventeen countries between
1995 and December 2019 (being Bahrain, Cambodia, Croatia, Cyprus, Czech
Republic, Estonia, Iraq, Germany, Kenya, Maldives, Nepal, Qatar, Republic of
Korea, Switzerland, Syrian Arab Republic, Tajikistan, and Togo).
158 Comm.
on Elimination Racial Discrimination, Concluding
Observations on Nepal, ¶ 34, U.N. Doc. CERD/C/NPL/CO/17-23 (May 29, 2018).
159 Comm.
on Elimination Racial Discrimination, Concluding
Observations on Maldives, ¶ 10, U.N. Doc. CERD/C/MDV/CO/5-12 (Sept. 14,
2011).
160 Id.
161 Comm.
on Elimination Racial Discrimination, Concluding
Observations on Cyprus, ¶ 18, U.N. Doc. CERD/C/CYP/CO/17-22 (Sept. 23,
2013).
162 Id.
163 Comm.
on Elimination Racial Discrimination, Concluding
Observations on Latvia, ¶ 12, U.N. Doc. CERD/C/304/Add.79 (Apr. 12, 2001). See
also Comm. on Elimination Racial Discrimination, Concluding Observations on