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

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