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generally appear to have been relied upon by states parties as a
justification or defense of discriminatory nationality laws. Rather
it has been the Committee that has occasionally identified a
potential conflict with Article 1(3). Yet, there is no in-depth
analysis in these reports of the scope of Article 1(3); rather Article
1(3) is most commonly cited without discussion. For instance, in
relation to the discrimination against Dominicans of Haitian
origin mentioned above, the Committee observed that the various
practices “all lead to a situation of statelessness (art. 1(3) and art.
5 (d) (iii)).” 174 However, in two instances, the Committee’s
relatively more detailed remarks reveal that its focus is indeed
on instances where it appears that a state’s discriminatory
nationality law or implementation thereof singles out a
particular nationality or ethnic group. For example, in relation
to France, the Committee recommended in 2010 that the state
“ensure that, in conformity with article 1, paragraph 3, of the
Convention, any measures taken in this area should not lead to
the stigmatization of any particular nationality.”175 In relation to
Iraq, the Committee noted that it asked the state party “whether
the special provision which referred specifically to Arab citizens
of other countries met the requirements of article 1, paragraph 3,
of the Convention.”176
While the Committee’s increasing willingness to examine
and critique nationality laws that may have a discriminatory
object or effect is laudable, it is difficult to discern the
interpretive methodology applied by the Committee in arriving
at its interpretation of Article 1(3).177 Of course, as an exception
and Sierra Leone)—a total of seven reports (twice regarding Sierra Leone). See
sources cited infra notes 174–176.
174 Comm.
on Elimination Racial Discrimination, Concluding
Observations on Dominican Republic, ¶ 19, U.N. Doc. CERD/C/DOM/CO/13-14
(Apr. 19, 2013). See also Comm. on Elimination Racial Discrimination,
Concluding Observations on Cote d’Ivoire, ¶ 11, U.N. Doc. CERD/C/62/CO/1
(June 3, 2003); Comm. on Elimination Racial Discrimination, Concluding
Observations on Namibia, ¶ 28, U.N. Doc. CERD/C/NAM/CO/13-15 (June 10,
2016); Comm. on Elimination Racial Discrimination, Rep. on the Work of Its
Forty-Sixth Session, ¶ 280, U.N. Doc. A/46/18 (Feb. 27, 1992) (regarding Sierra
Leone); Comm. on Elimination Racial Discrimination, Rep. on the Work of Its
Fiftieth Session, ¶ 588, U.N. Doc. A/50/18 (Sept. 22, 1995) (regarding Sierra
Leone).
175 Comm.
on Elimination Racial Discrimination, Concluding
Observations on France, ¶ 11, U.N. Doc. CERD/C/FRA/CO/17-19 (Sept. 23, 2010)
(emphasis added).
176 Comm. on Elimination Racial Discrimination, Rep. on the Work of
Its Forty-Second Session, ¶ 303, U.N. Doc. A/42/18 (Aug. 7, 1987) (regarding
Iraq).
177 But see THORNBERRY, supra note 2, at 158.