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been a significant focus of the UNHCR #IBELONG campaign,
which aims to end statelessness by 2024, nor of the work of the
wide array of international actors engaged in the campaign.
Gender discrimination and childhood statelessness have been
(appropriately) explicitly identified as core, “urgent” issues in
resolving statelessness, 26 with dedicated campaigns and much
attention from relevant international actors, including treaty
bodies. Racial discrimination, however, has not been identified in
the same manner despite its undeniably pivotal role in the
creation of statelessness in the modern era. 27 Comprehensive
work has been undertaken in relation to gender discrimination
in nationality laws, which has produced widely accessible
information about the number and identity of countries that
retain such discrimination.28 By contrast, no such analysis has
26 See U.N. High Comm’r for Refugees et al., Urgent Action Needed to
Reform Gender Discriminatory Nationality Laws Causing Childhood
Statelessness (Aug. 22, 2019),
https://www.unhcr.org/en-au/news/press/2019/8/5d5e63d9456/urgent-actionneeded-reform-gender-discriminatory-nationality-laws-causing.html
[https://perma.cc/C4UT-S9RY].
27 Rohingya people represent one of the largest known stateless
populations, underlining the relevance of discrimination based on ethnicity and
race to statelessness today. There is no question that race discrimination
underpins their predicament. Indeed, the International Court of Justice (ICJ)
issued interim measures in January 2020 in relation to Gambia’s case against
Myanmar which claims that Myanmar has violated the Genocide Convention.
See Application of the Convention on the Prevention and Punishment of the
Crime of Genocide (Gam. v. Myan.), Order, 2020 I.C.J. 178 (Jan. 23). Article I of
the Genocide Convention, provides that all States parties undertake “to prevent
and to punish” the crime of genocide. Id. ¶ 49. Article II provides that genocide
means a list of relevant acts “committed with intent to destroy, in whole or in
part, a national, ethnical, racial or religious group.” Id. The ICJ held:
Bearing in mind Myanmar’s duty to comply with its
obligations under the Genocide Convention, the Court
considers that, with regard to the situation described above,
Myanmar must, in accordance with its obligations under the
Convention, in relation to the members of the Rohingya group
in its territory, take all measures within its power to prevent
the commission of all acts within the scope of Article II of the
Convention, in particular: (a) killing members of the group;
(b) causing serious bodily or mental harm to the members of
the group; (c) deliberately inflicting on the group conditions of
life calculated to bring about its physical destruction in whole
or in part; and (d) imposing measures intended to prevent
births within the group.
Id. ¶ 79. See also, Convention on the Prevention and Punishment of the Crime of
Genocide, Dec. 9, 1948, 102 Stat. 3045, 78 U.N.T.S. 277.
28 See, e.g., U.N. HIGH COMM’R FOR REFUGEES, BACKGROUND NOTE ON
GENDER EQUALITY, NATIONALITY LAWS AND STATELESSNESS 2019 (Mar. 8,
2019), https://www.refworld.org/docid/5c8120847.html (demonstrating that