• GR No. 30 on discrimination against non-citizens: “Differential treatment based on citizenship or immigration status will constitute discrimination if the criteria for such differentiation (…) are not applied pursuant to a legitimate aim, and are not proportional to the achievement of this aim.” (para. 4) It thus follows that, “deprivation of citizenship on the basis of race, colour, descent, or national or ethnic origin is a breach of States parties’ obligations to ensure nondiscriminatory enjoyment of the right to nationality.” (para. 14) Article 1(3): “Nothing in this Convention may be interpreted as affecting in any way the legal provisions of States Parties concerning nationality, citizenship or naturalization, provided that such provisions do not discriminate against any particular nationality.” Granting nationality, citizenship and naturalization is a State’s sovereign right. However, nationality laws must not discriminate on the basis of race or ethnicity. • GR No. 27 on discrimination against Roma: The Committee urges States to “ensure that legislation regarding citizenship and naturalization does not discriminate against members of Roma communities.” (para. 4) • GR No. 30 on discrimination against non-citizens: “Ensure that particular groups of non-citizens are not discriminated against with regard to access to citizenship or naturalization, and to pay due attention to possible barriers to naturalization that may exist for longterm or permanent residents.” (para. 13) • GR No. 34 on racial discrimination against people of African descent: “Deprivation of citizenship on the basis of race or descent is a breach of States parties’ obligations to ensure non-discriminatory enjoyment of the right to nationality.” (para. 48) See above, under Article 1(1). Protection of Stateless Persons Article 5: “States parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of… the right to equal treatment before the tribunals and all other organs administering justice… (and) other civil rights, in particular… the right to nationality...” Everyone is entitled to civil rights, including stateless people. Fundamental rights such as equality before courts and tribunals must be enjoyed by everyone without exception. • GR No. 30 on discrimination against non-citizens: The Committee urges States to “reduce statelessness, in particular statelessness among children, by, for example, encouraging their parents to apply for citizenship on their behalf and allowing both parents to transmit their citizenship to their children;” (para. 16) and to “regularize the status of former citizens of predecessor States who now reside within the jurisdiction of the State party.” (para. 17) • GR No. 31 on the prevention of racial discrimination in the administration and functioning of the criminal justice system: “In order to facilitate access to justice for the victims of racism, States parties should strive to supply the requisite legal information to persons belonging to the most vulnerable social groups, who are often unaware of their rights.” (para. 7) Article 5: “[States parties undertake to guarantee the right of everyone to equality before law, notably in the enjoyment of] … (and) economic, social and cultural rights, in particular the rights to work, to free choice of employment... (and) the right to education and training…” As with civil rights, everyone is entitled to economic, social, and cultural rights, including stateless people. • GR No. 30 on discrimination against non-citizens & GR No. 34 on racial discrimination against people of African descent: “In some cases denial of citizenship for long-term or permanent residents could result in creating disadvantage for them in access to employment and social benefits (…)” (para. 15 & para. 49 respectively). In conformity with the ICERD, States are urged to “ensure that public education institutions are open to non-citizens and children of undocumented immigrants residing in the territory of a State party.” (para. 30) Note It is noted that Article 1(3) of the ICERD could be understood as implying that matters of nationality and statelessness lie outside the purview of the convention. Article 1(3) states: “Nothing in this Convention may be interpreted as affecting in any way the legal provisions of States Parties concerning nationality, citizenship or naturalization, provided that such provisions do not discriminate against any particular nationality.” However, as noted by Prof. Patrick Thornberry, former member and Rapporteur of the Committee, in his Commentary on the ICERD: “With regard to [Article] 1(3) and the repeated use of ‘nationality,’ the [T]ravaux [Préparatoires] and subsequent practice support the view that ‘nationality’ in the second sense of a forbidden ground of discrimination means ‘national origin’ on a par with ‘ethnic origin.’… In light of [this], STATELESSNESS AND HUMAN RIGHTS TREATIES the right to nationality protected by Article 5, and attendant questions around citizenship and naturalization, are not treated as appreciably diminished by Article 1(3).” Therefore, if individuals or groups are deprived of or denied nationality on the basis of race or ethnicity, it is still in violation of the ICERD. For further information, please consult Patrick Thornberry, The International Convention on the Elimination of All Forms of Racial Discrimination: A Commentary. (Oxford University Press, 2016). The Committee further clarified this point in General Recommendation No. 30 on Discrimination against Non-Citizens (2005), when it affirmed that “deprivation of citizenship on the basis of race, colour, descent, or national or ethnic origin is a breach of States parties’ obligations to ensure non-discriminatory enjoyment of the right to nationality.” UNHCR & MRGI, July 2017