92
COLUM. J. RACE & L.
[Vol. 11:83
been undertaken regarding the prevalence of direct or indirect
racial discrimination in nationality laws, nor is there an
equivalent list of countries that maintain explicitly or indirectly
racially discriminatory nationality laws. This may well explain
why, of the 252 pledges made by states at the UNHCR HighLevel Segment on Statelessness in October 2019, only Uganda’s
pledge related to racial discrimination.29 This lack of focus on
racial discrimination is perhaps unsurprising when considering
that, as E. Tendayi Achiume convincingly argues, “racial equality
is marginal to the global human rights agenda.”30 As she notes,
despite wide ratification of ICERD, having now reached 182
states parties, 31 “racial equality has seemingly drifted to the
margins” of the human rights agenda,32 including in our view the
campaign to eradicate statelessness.
If racial discrimination is both a cause and consequence
of statelessness, 33 nationality laws and practices of certain
countries can both enshrine and enable such discrimination. This
insidious cycle34 of “racialized citizenship”35 can be seen in many
instances of mass denial or deprivation of citizenship, even as the
significant steps have been taken to address gender discriminatory nationality
laws in the international community) [https://perma.cc/2TBV-BWT8].
29 U.N. High Comm’r for Refugees, Results of the High-Level Segment
on Statelessness, (Oct. 2019), https://www.unhcr.org/ibelong/results-of-the-highlevel-segment-on-statelessness [https://perma.cc/8QXS-FWVE].
30 E. Tendayi Achiume, Putting Racial Equality onto the Global Human
Rights Agenda, 28 SUR INT’L J. ON HUM. RTS. 141, 142 (2018) [hereinafter
Achiume, Racial Equality].
31 U.N. Treaty Collection, International Convention on the Elimination
of
All
Forms
of
Racial
Discrimination,
https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV2&chapter=4&clang=_en [https://perma.cc/G5AJ-7DF9] (last visited Nov. 22,
2020).
32 Achiume, Racial Equality, supra note 30, at 144.
33 See, e.g., U.N. OFF. HIGH COMM’R, FORUM ON MINORITY ISSUES
ELEVENTH SESSION, STATELESSNESS: A MINORITY ISSUE, CONCEPT NOTE 3 (Nov.
29–30,
2018),
https://www.ohchr.org/Documents/HRBodies/HRCouncil/MinorityIssues/Sessio
n11/ConceptNote.pdf [https://perma.cc/6R3Y-3AA9]
34 Kingston, Worthy of Rights, supra note 25. See also de Chickera &
Whiteman, supra note 1, at 105 (“[I]n addition to continuing to face
discrimination on the basis of pre-existing characteristics, a person’s status as
stateless often becomes a basis for further discrimination.”). See KINGSTON,
FULLY HUMAN, supra note 21, at 57–78; Brad Blitz & Maureen Lynch,
Statelessness and the Deprivation of Nationality, in STATELESSNESS AND
CITIZENSHIP: A COMPARATIVE STUDY ON THE BENEFITS OF NATIONALITY 1 (Brad
K. Blitz & Maureen Lynch eds., 2011).
35 David Scott FitzGerald, The History of Racialized Citizenship, in THE
OXFORD HANDBOOK OF CITIZENSHIP 129, 130 (Ayelet Sachar et al. eds., 2017).