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Article 1(3) in its argument that the claim was inadmissible.181
In finding the claim to be admissible (although dismissing it on
the merits), the Committee did not take the opportunity to
provide a robust explanation of the relationship between Article
1(3) and Article 5(d)(iii), but rather relied once again on General
Recommendation Thirty.182 A strong interpretive framework for
explaining its application of General Recommendation Thirty
might empower the Committee to respond more forcefully to such
invocations. The absence of a principled framework for
explaining the limited reach of state sovereignty in matters of
nationality simultaneously empowers states to continue relying
on such claims, and threatens to weaken state engagement with
the process of review. Second, the Committee still does not
routinely raise matters of nationality, even in obvious cases of
discrimination. 183 Indeed in some instances, other UN treaty
bodies have been more active on the topic of racial discrimination
in nationality laws than the very treaty body vested with core
responsibility in matters of racial discrimination. For example,
the Committee did not comment on Liberia’s nationality laws in
its 2001 review,184 whereas the Committee on the Rights of the
Child commented on Liberia’s discriminatory nationality laws in
both its 2004 and 2012 Concluding Observations.185 In 2012, for
example, it noted with regret that:
[D]espite its previous recommendation, the
granting of citizenship to children born in the
State party remains restricted on the basis of
colour or racial origin according to the provisions
181 Pjetri v. Switzerland, Communication 53/2013, Opinion, Comm. on
Elimination Racial Discrimination, ¶ 4.2, U.N. Doc. CERD/C/91/D/53/2013 (Jan.
23, 2017).
182 Id. ¶ 6.2.
183 Our analysis reveals that there was no discussion of nationality laws
in the reviews of sixty-one countries (being Albania, Argentina, Austria,
Bangladesh, Barbados, Belize, Bolivia, Bulgaria, Burundi, Cabo Verde, Canada,
Chad, China, Colombia, Djibouti, Ecuador, Fiji, Gabon, Gambia, Ghana,
Guatemala, Guinea, Guyana, Haiti, Holy See, Hungary, India, Iran, Ireland,
Jamaica, Lao People’s Democratic Republic, Lesotho, Liberia, Mali, Malta,
Mauritius, Mexico, Mozambique, Nicaragua, Niger, Pakistan, Panama, Papua
New Guinea, Paraguay, Philippines, Republic of Moldova, Romania, Saint
Vincent and the Grenadines, Seychelles, Slovakia, Solomon Islands, South
Africa, Spain, Tonga, Trinidad and Tobago, Turkey, Uganda, Uruguay,
Venezuela, Yugoslavia (Former Republic of), and Zambia).
184 Hoornick, supra note 156, at 27.
185 See Comm. on Rts. Child, Concluding Observations on Liberia, ¶ 32,
U.N. Doc. CRC/C/15/Add.236 (July 1, 2004); Comm. on Rts. Child, Concluding
Observation on Liberia, ¶ 42, U.N. Doc. CRC/C/LBR/CO/2-4 (Dec. 13, 2012).