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NATIONALITY LAWS
109
citizens and non-citizens from the ambit of the
definition.108
Initially, the Sub-Commission’s draft convention
proposed the “interpretive” Article 8 to serve as a counterbalance
to the broad protection offered by Article 1(1) and the contested
invocation of “national origin.”109 Draft Article 8 reads as follows:
Nothing in the present Convention may be
interpreted as implicitly recognizing or denying
political or other rights to non-nationals nor to
groups of persons of a common race, colour, ethnic
or national origin which exist or may exist as
distinct groups within a State Party.110
There was general agreement that the article was
intended by the Sub-Commission to provide a qualification to
Article 1. It was “aimed at precluding certain interpretations of
the provisions of the Convention.” 111 There was considerable
discussion, however, about the scope and intention of some of the
wording used in the Sub-Commission’s text. A joint amendment
to Article 8 proposed by representatives of France, India, and the
Philippines read as follows:
Nothing in this present Convention may be
interpreted as affecting in any way the distinction
between national and non-nationals of a State, as
recognized by international law, in the enjoyment
of political or other rights, or as amending
provisions governing the exercise of political or
other rights by naturalized persons . . . .112
After lengthy discussions that revolved largely around
the inclusion of the words “national origin” in Article 1(1), Article
108 Boyle & Baldaccini, supra note 88, at 152 n.79.
109 U.N. ESCOR, 37th Sess., Supp. 8, at ¶¶ 248, 253, U.N. Doc.
E/CN.4/874 (Feb. 17–Mar. 18, 1964).
110 Id. ¶ 242.
111 Id. ¶ 248.
112 Id. ¶ 247. See also Comm’n on Hum. Rts. Sub-commission on
Prevention of Discrimination & Protection of Minorities, Rep. of the Sixteenth
Sess., 41, U.N. Doc. E/CN.4/873 (Feb. 11, 1964). The phrase “as recognized by
international law” was later deleted. Earlier drafts focused largely on noncitizens. The first version, submitted by Calvoressi and Capotorti, included the
provision that nothing in the Convention “shall be interpreted as implying a
grant of equal political rights to nationals of a contracting State or a grant of
political rights to a distinct racial ethnic or national group as such.”
THORNBERRY, supra note 2, at 142.