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1(1) actions by states parties that differentiate between citizens
and non-citizens, the Committee asserted that Article 1(3)
provides a qualification to paragraph 2 “by declaring that, among
non-citizens, States parties may not discriminate against any
particular nationality.”144 Thornberry claims that “the general
direction of the CERD approach has been to shrink progressively
any lacuna in human rights protection represented by 1(2) and
1(3).” 145 The Committee’s General Recommendation Thirty,
adopted in 2004, certainly augments the same logic contained in
General Recommendation Eleven and widens its guiding
principle.146 Echoing General Recommendation Eleven, Section I
of General Recommendation Thirty provides that “Article 1,
paragraph 3 declares that, concerning nationality, citizenship or
naturalization, the legal provisions of States parties must not
discriminate against any particular nationality.”147 Section 4 of
General Recommendation Thirty speaks directly to Article 1(3)
under the subheading, “Access to citizenship.”148 Paragraph 13
requires states to 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 long-term or permanent
residents.” 149 Paragraph 14 “recognize[s] 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.”150
Our survey of concluding observations reveals that, since
General Recommendation Thirty, the principles it sets out are
frequently relied upon. However, the Committee tends to focus
on gender-based discrimination, 151 the risk of statelessness or
144
Comm. on Elimination Racial Discrimination, General
Recommendation Eleven, on Non-Citizens, ¶ 1, U.N. Doc. A/48/18 (1993).
145 THORNBERRY, supra note 2, at 146.
146
Comm. on Elimination Racial Discrimination, General
Recommendation Thirty, on Discrimination Against Non-Citizens, ¶ 14, U.N.
Doc. HRI/GEN/1/Rev.7/Add.1 (May 4, 2005) [hereinafter General
Recommendation Thirty] (noting that states parties who fail to grant citizenship
on account of race or heritage violate their obligations under the Convention).
147 Id. ¶ 1.
148 Id. at 4.
149 Id. ¶ 13.
150 Id. ¶ 14.
151 The Committee focused on these issues in relation to fifteen
countries. See, e.g., Comm. on Elimination Racial Discrimination, Concluding
Observations on Bahamas, U.N. Doc. CERD/C/64/CO/1 (Apr. 28, 2004); Comm.
on Elimination of Racial Discrimination, Concluding Observations on Bahrain,
U.N. Doc. CERD/C/BHR/CO/7, at 17 (Apr. 14, 2005); Comm. on Elimination