Addressing Statelessness through ICERD
citizenship deprivation might result in human rights violations that are, even in a
time of emergency, non-derogable. 47
The Committee confirmed in GR 30 that the right to nationality under art
5(d)(iii) of the ICERD includes a prohibition upon the deprivation of nationality,
‘recogniz[ing] that deprivation of citizenship on the basis of race, colour, descent,
or national or ethnic origin is a breach of State Parties’ obligations to ensure nondiscriminatory enjoyment of the right to nationality’. 48 Also in its Concluding
Observations, the Committee has repeatedly stressed that ‘deprivation of
citizenship on the basis of national or ethnic origin is a breach of the obligation to
ensure non-discriminatory enjoyment of the right to nationality’. 49 Among others,
the Concluding Observations on Jordan show how the Committee phrases its
recommendations regarding deprivation of nationality. After Jordan withdrew the
nationality of citizens from Palestinian origin, 50 the Committee condemned this in
2012 and 2017 and urged Jordan to ‘put an end to the withdrawal of nationality
from persons from the Occupied Palestinian Territory and restore the nationality
of those who have been affected by that practice’. 51
The Committee has acknowledged the possible consequences of (mass)
denationalisation, and noted that deprivation of nationality could lead to the
expulsion of the group affected. For example, in April 1989, after a number of
years of polarisation and Arab nationalism, the Mauritanian government started to
denationalise and consequently expel its population of black African descent,
mainly to Senegal. 52 In its Concluding Observations of Mauritania’s reports in
2004 and 2018, the Committee recommended to encourage the return of these
refugees, to take measures for reintegration into Mauritanian society, and stated
47
48
49
50
51
52
For a more elaborate overview of the current status quo on deprivation of nationality as a
national security measure, see: Draft Commentary to the Principles on Deprivation of
Nationality as a National Security Measure (Commentary, Institute on Statelessness and
Inclusion
2020)
principle
4
(‘ISI
Draft
Commentary’)
<https://files.institutesi.org/PRINCIPLES_Draft_Commentary.pdf>.
GR 30, UN Doc CERD/C/64/Misc.11/Rev.3 (n 13) [14].
Committee on the Elimination of Racial Discrimination, Consideration of Reports submitted
by State Parties under Article 9 of the Convention: Concluding Observations of the Committee
on the Elimination of Racial Discrimination: Lithuania:, UN Doc CERD/C/LTU/CO/3 (11
April 2006) [23] (‘Concluding Observations: Lithuania’); Committee on the Elimination of
Racial Discrimination, Concluding Observations of the Committee on the Elimination of
Racial Discrimination, Consideration of Reports Submitted by State Parties under Article 9
of the Convention: Concluding Observations of the Committee on the Elimination of Racial
Discrimination : Turkmenistan, UN Doc CERD/C/TKM/CO/5 (27 March 2007) [16]
(‘Concluding Observations: Turkmenistan’).
Stateless Again: Palestinian-Origin Jordanians Deprived of their Nationality (Report, Human
Rights Watch 2 February 2010) <https://www.refworld.org/docid/4b6ae5702.html> 4.
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: Jordan, UN Doc
CERD/C/JOR/CO/13-17 (4 April 2012) [12]–[13]; Committee on the Elimination of Racial
Discrimination, Concluding Observations on the Combined Eighteenth to Twentieth Periodic
Reports of Jordan, UN Doc CERD/C/JOR/CO/18-20 (26 December 2017) [14]–[15]
(‘Concluding Observations: Jordan’).
Institute of Statelessness and Inclusion (n 1) 111–12; ‘Statelessness in Mauritania: A Brief
Account of a Long History of Discrimination’, The Legal Agenda (Web Page, 19 January
2016) <http://legal-agenda.com/en/article.php?id=744&folder=articles&lang=en>.
229