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However, the concerns around the inclusion of the words
“national origin” and its relevance to nationality laws in ICERD
were also animated, at least in part, by a desire on the part of
powerful, developed states to “assure states parties that due
respect is given to state sovereignty in areas concerning
naturalization.”123 For example, the representative of the United
Kingdom stated that the term “national origin” tended to confuse
the issue because “such a provision [regarding nationality] would
do away with the special facilities given by States to those of their
nationals who, having changed their nationality, subsequently
wished to recover their original nationality . . . as compared with
aliens desiring to acquire that nationality by naturalization.”124
Similarly, the representative of France explained that the
inclusion of the words “national origin” might “impair the
principle that temporary measures taken by Governments with
regards to naturalised persons did not constitute
discrimination.”125 The representative of Italy likewise explained
that the mention of national origin would “raise difficulties in
economic rights set forth in the draft Covenant.”)). See also Alice Edwards,
Human Rights, Refugees, and the Right to Enjoy Asylum, 17 INT’L J. REFUGEE
L. 293 (2005) (asserting that the “purpose of Article 2(3) was to end the
domination of certain economic groups of non-nationals during colonial times,”
but that the provision should be narrowly construed).
123 Drew Mahalic & Joan Gambee Mahalic, The Limitation Provisions
of the International Convention on the Elimination of All Forms of Racial
Discrimination, 9 HUM. RTS. Q. 74, 79, 82 (1987).
124 Schwelb, Elimination of All Forms of Racial Discrimination, supra
note 100, at 1010, refers to this comment, and others like it, as an attempt at
“maintaining disabilities of naturalised persons” and argues that this is the key
animating consideration that gave rise to Article 1(3). The representative of the
United Kingdom added that since the definition of racial discrimination in
paragraph 1 was exceedingly broad, certain legitimate differentiations based on
national origin might conceivably be prohibited under the convention if the
words were retained. For example, in the United Kingdom, preference was given
to married women who had lost their British nationality in assisting them to
reacquire that nationality; such preference could not be deemed discrimination.
U.N. ESCOR, Summary Record of the 786th Meeting, 20th Sess., at 4, U.N. Doc.
E/CN.4/SR.786 (Apr. 21, 1964).
125 Schwelb, Elimination of All Forms of Racial Discrimination, supra
note 100, at 1010. See Comm’n on Hum. Rts., Rep. of the Prevention and
Protection of Minorities Subcomm. on Its Fourteenth Session, 42, U.N. Doc.
E/CN.4/830 (Feb. 8. 1962). In making this claim, the representative of France
pointed to the Report of the 14th session of the Sub-Commission on the
Prevention of Discrimination and Protection of Minority Rights to the
Commission on Human Rights, in which it was asserted that an insistence upon
an over-generous policy of granting full political rights immediately to all
naturalized persons might discourage nations from giving nationality to many
applicants as the view that all naturalized persons should enjoy the same
political rights as any other national was not shared by every State.