Addressing Statelessness through ICERD
ethnic groups in national legislation could lead to the direct or indirect exclusion
of other groups not included in those laws. Liberia, founded by former AfroAmerican slaves from the United States, is perhaps the clearest example. Its 1986
Constitution of the Republic of Liberia stipulates that only those of ‘negro descent’
are eligible for citizenship, ‘in order to preserve, foster and maintain the positive
Liberian culture, values and character’. 88 Similar sentiments can be found in Sierra
Leone and in the Democratic Republic of Congo (‘DRC’). 89 The Committee did
not make a comment on Liberia’s latest Concluding Observations in 2001 and
only noted in 1996 that Sierra Leone’s Citizenship Act of 1973 differentiated on
race. 90 On the DRC, the Committee recommended in 2007 to ‘ensure that the
application [of its nationality legislation does] not give rise to discrimination in
the enjoyment of the right to nationality by members of certain ethnic groups
residing within its territory’. 91 As a testament to the lack of reporting by a large
number of states and a reflection of one of the major weaknesses of UN treaty
bodies generally, all three have not submitted a report to the Committee since.
The inclusion of ethnicity might also be relevant for states with a sizable
diaspora, who wish to maintain or strengthen the (ethnic) connection with its
population. For example, Israel’s 1950 Law of Return gives every Jewish person
the ‘right to return’ and upon arrival, become an Israeli national under the 1952
Nationality Law. 92 A similar provision can be found in Ghana, which provides for
a ‘right to abode’ to persons of African descent. 93 The Law of 1995 on Citizenship
of the Republic of Armenia provides for a simplified procedure to become citizens
for ethnic Armenians. 94 This aspect was not raised in recent Concluding
Observations of Ghana, nor Armenia. However on Israel, the Committee
recommended that Israel ‘ensure that the definition of Israel as a Jewish nation
State does not result, in any systemic distinction, exclusion, restriction or
preference based on race, colour, descent, or national or ethnic origin in the
enjoyment of human rights’; repeatedly recommended that Israel reconsidered its
policy on citizenship and residence permits through family reunification so that it
88
89
90
91
92
93
94
1986 Constitution of the Republic of Liberia (Liberia) art 27.
Citizenship Act of 1973 (Sierra Leone) (‘Sierra Leone Citizenship Act’), as amended by Sierra
Leone Citizenship (Amendment) Act, 2006, Act No 11 of 2006 (Sierra Leone); Citizenship
(Amendment) Act, Act No 33 of 2017 (Sierra Leone). See also ‘Causes of Minority
Statelessness’,
Minority
Stories
(Web
Page,
2017)
<http://stories.minorityrights.org/statelessness/chapter/causes-of-statelessness/>.
Committee on the Elimination of Racial Discrimination, Report of the Committee on the
Elimination of Racial Discrimination: Concluding Observations: Liberia, UN Doc A/56/18;
Committee on the Elimination of Racial Discrimination, Report of the Committee on the
Elimination of Racial Discrimination: Concluding Observations: Sierra Leone,
A/50/18(SUPP) [589], citing Sierra Leone Citizenship Act (n 89). Note, both reviews were
conducted before the Committee’s GR 30 in 2004: GR 30, UN Doc
CERD/C/64/Misc.11/Rev.3 (n 13).
Committee on the Elimination of Racial Discrimination, Report of the Committee on the
Elimination of Racial Discrimination: Concluding Observations: Democratic Republic of the
Congo, UN Doc A/62/18 (17 August 2007) [331] (‘Concluding Observations: DRC’).
Law of Return (1950) Law No 5710-1950 (Israel); Nationality Law (1952) Law No 57121952 (Israel).
Immigration Act, Act No 573 of 2000 (Ghana) s 17(1)(b).
Law of 1995 on Citizenship of the Republic of Armenia (Armenia) art 1.
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