ISI Database on Statelessness and
Human Rights

6. Recalling its guidelines for reporting under the Convention, 3 the Committee recommends that, in its next periodic report, the State party provide statistics on the ethnic composition of the population, including asylum-seekers, refugees, stateless persons and migrant workers, and on the enjoyment of economic, social and cultural rights, disaggregated by ethnic origin and by national origin, in order to provide the Committee with an empirical basis for evaluating the equal enjoyment of rights under the Convention.

22. In the light of its general recommendation No. 30 (2004) on discrimination against non-citizens, especially paragraph 16 on reducing statelessness, in particular statelessness among children, the Committee recommends that the State party expeditiously bring its legislation into line with the Convention by amending its Citizenship Act to eliminate provisions that discriminate against foreign nationals married to Bahraini women and against the children of Bahraini women married to foreign nationals, and add provisions allowing Bahraini women to transmit their nationality to their foreign-national spouses and to their children from birth, on an equal footing with men. The Committee also recommends that the State party ensure that particular groups of non-citizens are not discriminated against with regard to access to citizenship compared to others.

24. The Committee recommends that the State party revise the Citizenship Act, including its provisions on deprivation of nationality, to ensure that its application does not result in statelessness and that the Government cannot revoke the citizenship rights of persons exercising their fundamental rights, including the rights to freedom of expression, assembly and association, with a view to preventing statelessness, and consider ratifying the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness. The Committee also recommends that the State party find a durable solution to the problems faced by Bidoon, including by considering naturalizing all those who have lived in Bahrain for long periods and have a genuine and effective link to the country. The Committee further recommends that the State party put into place immediate administrative procedures to allow all stateless persons, including Bidoon, to have effective access to basic human rights and to obtain official documents, including birth registration documents.

Ratification of other treaties

35. Bearing in mind the indivisibility of all human rights, the Committee encourages the State party to consider ratifying those international human rights treaties that it has not yet ratified, in particular treaties with provisions that have direct relevance to communities that may be subjected to racial discrimination, including (...) the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness.

Paragraphs of particular importance

44. The Committee wishes to draw the attention of the State party to the particular importance of the recommendations contained in paragraphs 10 (legal framework for combating racial discrimination), 12 (special measures), 18 (racist hate speech and hate crimes), 20 (civil society organizations) and 24 (statelessness) above and requests the State party to provide detailed information in its next periodic report on the concrete measures taken to implement those recommendations.

6. Recalling its reporting guidelines4 and its general recommendation No. 8 (1990) concerning the interpretation and application of article 1 (1) and (4) of the Convention, the Committee recommends that the State party collect and provide updated statistics on the demographic composition of its population based on self-identification, disaggregated by ethnic group, indigenous people, national origin and language spoken, including data on migrants, refugees, asylum seekers and stateless persons, as well as relevant socioeconomic indicators.

10. The Committee recommends that the State party incorporate all of the substantive provisions of the Convention into its domestic law, with a view to ensuring comprehensive protection against racial discrimination, and that it conduct a systematic review of its laws and policies to guarantee their full conformity with the Convention and that they have no discriminatory impact on the rights of ethnic and ethno-religious groups, indigenous peoples, migrants, refugees, asylum seekers and stateless persons.

18. Recalling its general recommendations No. 7 (1985) relating to the implementation of article 4 of the Convention; No. 8 (1990) concerning the interpretation and application of article 1 (1) and (4) of the Convention; No. 15 (1993) on article 4 of the Convention; and No. 35 (2013) on combating racist hate speech, the Committee urges the State party to: (...)

(d) Launch awareness-raising and educational campaigns to eliminate prejudices and negative stereotypes against ethnic and ethno-religious groups, indigenous peoples, people of African descent, migrants, refugees, asylum seekers and stateless persons;

36. Recalling its general recommendation No. 30 (2004) on discrimination against non-citizens, the Committee recommends that the State party:

(a) Conduct a review of its laws and regulations on access to and the transmission of citizenship in order to reduce the risk of statelessness;

(b) Abolish the practice of mass and discriminatory collection of DNA samples from certain groups of stateless persons as a means to prove their right to citizenship, and facilitate their access to citizenship through alternative and non-discriminatory means in line with international human rights norms and standards;

(c) Intensify its efforts to facilitate access to birth registration and citizenship, by putting in place measures targeted for ethnic and ethno-religious groups, indigenous peoples, migrant workers, refugees and asylum seekers, including in remote areas.

Ratification of other treaties

41. (...) The Committee encourages the State party to accede to the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness.

26. The Committee recommends that the to-be-established National Anti-Discrimination and Anti-Racism Coordinator take into account intersectionality and ensure that all ethnic minorities are consulted on issues that affect them, in particular during the formulation of new policies and legislation. The Committee further recommends that the State party: (...)

(d) Take measures to ensure that its policy of stripping dual nationality is only applied with regard to grave criminal offences, does not lead to statelessness, is subject to effective legal remedies, and does not lead to discriminatory effects based on race, ethnicity, national origin or descent.

32. The Committee recalls its general recommendations No. 27 (2000) and No. 32 (2009) and recommends that the State party provide targeted support for Roma, Sinti and Travellers in the areas of housing, education and employment. The Committee also recommends that the State party take measures to counter the phenomenon of anti-Gypsyism. In particular, it recommends that the State party: (...)

(b) Provide support to stateless Roma, Sinti and Travellers who are eligible to obtain nationality of the Kingdom of the Netherlands but encounter difficulties in the naturalization procedure;

40. With reference to its general recommendation No. 31 (2005), the Committee reminds the State party that an absence of complaints about and legal action for racial discrimination may reveal a poor awareness of the legal remedies available, a lack of will on the part of the authorities to prosecute the perpetrators of such acts, a lack of trust in the criminal justice system or a fear of reprisals against victims. The Committee recommends that the State party take legislative and administrative measures to ensure that the public, in particular ethnic groups, asylum seekers and stateless persons, know their rights, including all legal remedies in the area of racial discrimination. The State party should ensure that complainants of acts of racial discrimination are treated with respect by the relevant authorities and that victims of racially motivated crimes are adequately supported to participate in criminal proceedings

30. (...) The Committee further recommends that the State party ensure that all members of the Roma community are granted unified official identity documents, without discrimination.

34. The Committee recommends that the State party accelerate the process of reinstating Faili Kurds’ citizenship by facilitating their access to citizenship, including by removing all administrative obstacles throughout the process.

35. The Committee is concerned about the situations that may lead to statelessness. It notes, in particular, the information provided by civil society that, although women can confer nationality to their children at birth, the requirement to provide paternity documents may result in situations that may lead to statelessness, as such requirement may constitute an obstacle for children born from rape, or to an undocumented or deceased father, which reportedly puts Yazidi children at particular risk of statelessness (arts. 2 and 5).

36. The Committee urges the State party to ensure that its laws and regulations relating to the acquiring, reinstating and transmitting of nationality apply to all persons without discrimination, and to take all measures necessary to prevent statelessness. It also recommends that the State party consider ratifying the Convention on the Reduction of Statelessness, of 1961, and the Convention relating to the Status of Stateless Persons, of 1954.

5. Recalling paragraphs 10–12 of its guidelines for reporting under the Convention (CERD/C/2007/1), the Committee recommends that the State party provide statistical data in its next periodic report on:

(a) The ethnic composition of the population, disaggregated in the manner specified in article 1 (1) of the Convention, on the basis of self-identification of ethnic groups, including data on non-citizens such as migrants, refugees, asylum seekers and stateless persons;

(...)

15. Reiterating its previous concluding observations (CERD/C/JOR/CO/13–17, paras. 12–13), the Committee urges the State party to:

(a) Put an end to the withdrawal of nationality from persons from the Occupied Palestinian Territory and restore the nationality of those who have been affected by that practice. Provide detailed information in its next periodic report on the legal status of persons who have had their nationality withdrawn and the consequences with regard to the enjoyment of their rights under the Convention;

17. Reiterating its previous concluding observations (CERD/C/JOR/CO/13-17, paras. 12–13), the Committee urges the State party to:

(...)

(f) Take measures to prevent statelessness and protect vulnerable individuals from exploitation and abuse. Ensure the proper registration of the births of children of Syrian refugees and asylum seekers and provide the necessary identity documentation. Consider acceding to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness;

(...)

23. Recalling its general recommendation No. 30 (2004) on discrimination against non-citizens, especially paragraph 16 on reducing statelessness, in particular among children, the Committee recommends that the State party bring its legislation into line with the Convention and, to this end, amend the Jordanian Nationality Act (law No. 6 of 1954) to eliminate provisions that discriminate against non-Arab spouses of Jordanian citizens and to include provisions allowing all Jordanian women to transmit their citizenship to their children from birth, without discrimination.

18. The Committee encourages the State party to continue its measures to ensure the identification, registration and regularization of stateless persons, while ensuring the inclusion of disadvantaged groups such as Roma/Jughi (art. 5). The Committee also recommends that the State party adopt the Amnesty Law and accede to the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness.

21. The Committee reiterates its concern regarding the amendment of the Family Code in 2011 restricting the right of foreigners and stateless persons, including migrants, to marry Tajik women, which has a discriminatory effect, in violation of the Convention. (...)

22. Taking into account its general recommendation No. 30 (2004) on discrimination against non-citizens, the Committee reiterates its recommendation (CERD/C/TJK/CO/6-8, para. 16) that the State party review its legislation to bring it into full compliance with its international obligations and the Convention; in particular, the State party should ensure that non-citizens are afforded effective enjoyment of the rights mentioned in article 5 of the Convention without discrimination. The Committee recalls that States parties have the duty to ensure that legislative guarantees against racial discrimination apply to non-citizens regardless of their immigration status and that the implementation of legislation does not have a discriminatory effect on non-citizens.
 

28. Recalling its general recommendation No. 30 (2004) on discrimination against non-citizens, the Committee recommends that the State party take measures to consider applications for citizenship from Bidoon residing in the State party. The Committee also recommends that the State party provide Bidoon with the documentation necessary to access health care, education, employment and State-provided services, without discrimination. The Committee recommends that the State party accede to the Convention on the Reduction of Statelessness and the Convention relating to the Status of Stateless Persons.

30. Recalling its general recommendation No. 30, especially paragraph 16 on reduction of statelessness, particularly among children, the Committee recommends that the State party revise the directive of 2 December 2011 to allow women to transmit their citizenship to their children from birth, without discrimination.
 

15. Bearing in mind its general recommendation No. 27 (2000) on discrimination against Roma, the Committee recommends that the State party:

(a) Intensify efforts to provide identity documents to all members of the Roma community, including through the adoption of special measures, taking into account the Committee’s general recommendation No. 32 (2009) on the meaning and scope of special measures in the International Convention on the Elimination of All Forms of Racial Discrimination;

(...)

16. While noting some steps taken by the State party to repatriate persons who were forcibly resettled from Georgia by the former Union of Soviet Socialist Republics in 1944, among them the Meskhetian Turks, the Committee notes the absence of a concrete strategy and action plan, and reiterates its previous concern that only a small number of them have been granted repatriation status. It also expresses concern about administrative and bureaucratic barriers that hinder the process of obtaining citizenship, including the requirement to present evidence of renunciation of foreign citizenship (arts. 2 and 5)

17. The Committee recommends that the State party expedite the process of repatriation of persons who were forcibly removed from the territory of the State party in 1944, in particular the Meskhetian Turks, without undue administrative constraints, including with regard to renunciation of foreign citizenship. (...)

23. The Committee recommends that the State party take effective measures to reduce the risk of statelessness and ensure that all stateless persons, including children born in the State party who would otherwise be stateless, are granted nationality without undue administrative obstacles.

19. The Committee notes with concern that the 2011 amendment to the Nationality Act, as introduced in section 10 (2), provides for the revocation of the Sudanese nationality of those who have acquired “de jure or de facto” the nationality of South Sudan, thus exposing many South Sudanese residing in the Sudan who have not necessarily acquired South Sudanese nationality to a high risk of statelessness (arts. 5 and 6).

The Committee recommends that the State party withdraw the 2011 amendment to the Nationality Act, ensure that rules governing citizenship acquisition and deprivation apply equally to all without discrimination based on, inter alia, ethnicity and protect against statelessness.

17. The Committee expresses concern about reports on the unequal application of the Nationality Law to Palestinian refugees. The Committee is also concerned that many Faili Kurds, who were stripped of their Iraqi citizenship in the 1980s, have not been able to reinstate their citizenship and face serious obstacles in proving their citizenship eligibility due to lack of documentation. (...)

The Committee urges the State party to ensure that laws and regulations relating to acquiring, reinstating and transmitting of nationality apply to all persons without discrimination. The Committee also requests the State party to expedite the process of reinstating Faili Kurds’ citizenship, by means other than documentation. (...)