Addressing Statelessness through ICERD
nationality. 60 While this practice does not discriminate on the background of the
applicant, the person could be left in limbo if his or her Togolese citizenship
application gets denied. In such cases, the state party is expected to provide for a
legal safeguard. Similarly, the Committee recommended Uzbekistan
to adopt urgent measures to remove obstacles to granting citizenship and prevent
persons from becoming stateless, in particular in the process of acquiring
citizenship of the State party. 61
State Succession
Equal application of citizenship legislation without discrimination on race or other
grounds under art 1(1) is particularly relevant in the context of state succession.
When a country splits up or an area gains independence, the new-born state or
states must define themselves and their population. With the new definition of
what constitutes as the state, minorities are particularly vulnerable where their
heritage is associated with the parent or successor state, leaving them at risk of
being deprived of nationality. 62 The Committee made reference to this specific
issue in GR 30 and advised states to ‘regularise the status of former citizens of
predecessor States who now reside within the jurisdiction of the State Party’. 63
In its Concluding Observations, the Committee condemned the 2011
amendment to the Sudanese Nationality Act 1994, which ‘provides for the
revocation of the Sudanese nationality of those who have acquired “de jure or de
facto” the nationality of South Sudan’. 64 According to the Committee, this
amendment could give rise to situations in which the Sudanese government strips
the citizenship of persons belonging to an ethnic group associated with South
Sudan, rendering them at risk of statelessness. Therefore, the Committee
recommended Sudan to ‘ensure that rules governing citizenship acquisition and
deprivation apply equally to all without discrimination based on, inter alia,
ethnicity and protect against statelessness’. 65 The Committee raised similar
concerns on the ‘Erased’ persons (Izbrisani) in Slovenia, a group that remained
without a legal status after the declaration of the country's independence in 1991
and is mostly of non-Slovene or mixed ethnicity and includes a significant number
60
61
62
63
64
65
Committee on the Elimination of Racial Discrimination, Concluding Observations on the
Combined Eighteenth and Nineteenth Periodic Reports of Togo, UN Doc
CERD/C/TGO/CO/18-19 (18 January 2017) [27] (‘Concluding Observations: Togo’), citing
Code de la nationalité Togolaise [Code of Togolese Nationality] (1978) Ordinance No 78-34
(Republic of Togo).
Committee on the Elimination of Racial Discrimination, Concluding Observations on the
Combined Tenth to Twelfth Reports of Uzbekistan, UN Doc CERD/C/UZB/CO/10-12 (27
January 2020) [21].
Institute of Statelessness and Inclusion (n 1) 25.
GR 30, UN Doc CERD/C/64/Misc.11/Rev.3 (n 13) [17].
Sudanese Nationality Act (Amendment) 2011 (Sudan) s 10(2). According to UNHCR, ‘the
[Sudanese] decision to revoke nationality from any individual qualifying for South Sudanese
nationality has left many people at risk of statelessness’. Additional difficulties that lead to
the risk of statelessness are administrative challenges, lack of capacity and discrimination
among public authorities, economic barriers and displacement. See A Study of Statelessness
in South Sudan (Study, UNHCR 2017) 30.
Committee on the Elimination of Racial Discrimination, Concluding Observations on the
Combined Twelfth to Sixteenth Periodic Reports of the Sudan, 86th sess, UN Doc
CERD/C/SDN/CO/12-16 (12 June 2015) [19].
231