2021]
NATIONALITY LAWS
113
connection with enforcement of the right to nationality under
article V” as it might present an obstacle to states, such as Italy,
“which endeavoured to assist former Italian nationals to
reacquire Italian nationality.”126
In the final analysis, a joint amendment of Ghana, India,
Kuwait, Lebanon, Mauritania, Morocco, Nigeria, Poland, and
Senegal was proposed and adopted unanimously, almost without
comment. The delegate of France said that the text submitted
was entirely acceptable to his delegation and to that of the United
States. The amendment clarified that the Convention would not
apply to non-citizens or affect legislation on nationality,
citizenship, or naturalization, provided that there was no
discrimination against any particular nationality. 127 The only
further mention of Articles 1(2) and 1(3) arose briefly during
discussions on Article 5, where the delegate of India stated that
“the word ‘everyone’ in the introductory part of that article might
be regarded as including non-citizens as well as citizens,” but
that in view of Article 1 “the word ‘everyone’ no longer presented
difficulties for his delegation.” 128 While many scholars tend to
follow Schwelb’s view that paragraph 3 of Article 1, as inserted
by the Third Committee into the Convention, “appears, to a
certain extent at least, to be a saving clause for maintaining
disabilities of naturalised persons,” 129 a close reading of the
drafting history suggests a more complex view. The twin
concerns of state sovereignty and anti-colonialism reinforced
each other and were absorbed and reflected into the broad terms
of Article 1(3).
Broadly, two key points are discernable from the complex
drafting history of Article 1(3). First, the term and notion of
“nationality” caused much confusion and anxiety among state
representatives, who ultimately did not arrive at a settled
definition. The word “nationality” therefore remains ambiguous
for the purposes of treaty interpretation, and to a certain extent
can and did refer to a person’s legal status as well as to his or her
legal citizenship (as evinced by the concern for protecting the
126 U.N. ESCOR, Summary Record of the 786th Meeting, supra note
124, at 5.
127 U.N. HIGH COMM’R FOR HUM. R TS. THE RIGHTS OF NON-CITIZENS 9
(2006),
https://www.ohchr.org/Documents/Publications/noncitizensen.pdf
[https://perma.cc/A6YV-SMSY].
128 U.N. GAOR, 20th Sess., 1309th mtg. at 105, U.N. Doc.
A/C.3/SR/1309 (Oct. 19, 1965).
129 Schwelb, Elimination of All Forms of Racial Discrimination, supra
note 100, at 1010.