Addressing Statelessness through ICERD
Croatia were unable to ‘reclaim their status as citizens and/or residents’. 101 It
raised a similar concern on Bosnia and Herzegovina, and noted with concern that
the grounds for denying citizenship were ‘vague and may lead to discriminatory
application’. 102 Such vagueness and the risk of (indirect) discrimination as a result
has also been noted by the Committee in relation to Switzerland and Cyprus,
among others. 103
The Committee has been clearest when one particular group is directly
excluded from citizenship. The UAE, Kuwait and Saudi Arabia are three countries
with a sizeable population of Bidoon, a traditionally nomadic group, many of
whom are stateless. 104 The Committee made note of this in the latest Concluding
Observations of the UAE and Kuwait, recommending the latter to consider
‘naturalizing those who have lived in Kuwait for long periods and have a genuine
and effective link to the State’. 105 It did not raise this issue on Saudi Arabia,
although it did mention statelessness as a result of gender discrimination. 106 On
Kenya, the Committee urged the state to address its discriminatory procedures
towards the Nubian minority such as extensive vetting procedures and ‘to consider
awarding Kenyan citizenship to all Nubians who were residing in Kenya on the
date of Kenyan independence and their descendants’. 107
Public Authorities and Public Institutions
While local officers are pivotal in the administrative practices, discretion to
determine the outcome of naturalisation processes — often without judicial
oversight — could lead to denial of nationality and the risk of statelessness,
especially in situations where a minority group already faces social stigma in their
home country. 108 Article 7 of the ICERD stipulates that states should combat
101 Committee on the Elimination of Racial Discrimination, Consideration of Reports Submitted
102
103
104
105
106
107
108
by States Parties under Article 9 of the Convention: Concluding Observations of the
Committee on the Elimination of Racial Discrimination: Croatia, 53rd sess, UN Doc
CERD/C/304/Add.55 (10 February 1999) [11], [17]; Concluding Observations: Croatia, UN
Doc CERD/C/60/CO/4 (n 100) [100].
Committee on the Elimination of Racial Discrimination, Concluding Observations on the
Ninth to Eleventh Periodic Reports of Bosnia and Herzegovina, UN Doc CERD/C/BIH/CO/911 (12 June 2015) [10].
Committee on the Elimination of Racial Discrimination, Concluding Observations on the
Combined Seventh to Ninth Periodic Reports of Switzerland, UN Doc CERD/C/CHE/CO/79 (13 March 2014) [13]; Committee on the Elimination of Racial Discrimination, Concluding
Observations on the Seventeenth to Twenty-Second Periodic Reports of Cyprus, Adopted by
the Committee at Its Eighty-Third Session, UN Doc CERD/C/CYP/CO/17-22 (23 September
2013) [18].
Institute of Statelessness and Inclusion (n 1) 109–11.
Committee on the Elimination of Racial Discrimination, Concluding Observations on the
Combined Twenty-First to Twenty-Fourth Periodic Reports of Kuwait, UN Doc
CERD/C/KWT/CO/21-24 (25 August 2017) [27]–[28] (‘Concluding Observations: Kuwait’);
Committee on the Elimination of Racial Discrimination, Concluding Observations on the
Eighteenth to Twenty-First Periodic Reports of the United Arab Emirates, UN Doc
CERD/C/ARE/CO/18-21 (25 August 2017) [27]–[30] (‘Concluding Observations: UAE’);
Committee on the Elimination of Racial Discrimination, Consideration of Reports Submitted
by States Parties under Article 9 of the Convention: Concluding Observations of the
Committee on the Elimination of Racial Discrimination: United Arab Emirates, UN Doc
CERD/C/ARE/CO/17 (31 August 2009) [17].
Committee on the Elimination of Racial Discrimination, Concluding Observations on the
Combined Fourth to Ninth Periodic Reports of Saudi Arabia, UN Doc CERD/C/SAU/CO/49 (8 June 2019) [29] (‘Concluding Observations: Saudi Arabia’).
Concluding Observations: Kenya, UN Doc CERD/C/KEN/CO/5-7 (n 74) [27], [29].
De Chickera and Whiteman (n 8) 104.
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