A/HRC/38/52 achieve formal equality before the law, but also substantive (de facto) equality in the enjoyment and exercise of human rights. The Committee emphasizes that the Convention applies to purposive or intentional discrimination as well as discrimination in effect 15 and structural discrimination.16 19. The Special Rapporteur stresses that this substantive, non-formalistic approach to equality applies even in the context of citizenship, nationality and immigration laws and policies. Article 1 (2) of the International Convention on the Elimination of All Forms of Racial Discrimination stipulates that the Convention does not apply to distinctions, exclusions, restrictions or preferences made between citizens and non-citizens. While this provision allows States to make some distinction between citizens and non-citizens, the Special Rapporteur reiterates that it must be interpreted narrowly and in accordance with international human rights law and standards relating to the prohibition of racial discrimination and equality before the law. Distinctions between citizens and non-citizens cannot be applied in a racially discriminatory manner or as a pretext for racial discrimination. In its general recommendation No. 30 (2004) on discrimination against non-citizens, the Committee explains that article 1 (2) must not undermine the general equality and nondiscrimination provisions enshrined in article 5 of the Convention and other international legal instruments (paras. 2–3). The Committee elaborates further, indicating that differential treatment based on citizenship or immigration status will constitute discrimination if the criteria for such differentiation, judged in the light of the objectives and purposes of the Convention, are not applied pursuant to a legitimate aim, and are not proportional to the achievement of this aim (para. 4). In order to eliminate and prevent racial discrimination against non-citizens, the Committee calls on States to ensure that domestic legislation on the prohibition of racial discrimination applies to non-citizens, regardless of their immigration status, and to ensure that the implementation of national legislation does not have a discriminatory effect on non-citizens (para. 7). In addition, the Committee urges States to protect the rights of non-citizens by adopting concrete measures with regard to hate speech and racial violence; access to citizenship; the administration of justice; expulsions and deportations; and the enjoyment of economic, social and cultural rights (sects. II–VII). 20. The prohibition of racial discrimination also applies in the context of deportations or expulsions of non-citizens. Although not explicitly mentioned in the Convention, the Committee has addressed racial discrimination in the context of deportations and expulsions in its general recommendations, jurisprudence and concluding observations. Deportations and expulsions threaten and can violate article 5 (b) of the Convention, which guarantees freedom from racial discrimination in enjoyment of the right to security of person and protection from violence or bodily harm. 17 In its general recommendation No. 30, the Committee lists concrete measures that States should adopt in this area. It calls on States to ensure that: (a) domestic legislation concerning deportations or other forms of removal do not discriminate, in purpose or effect, among non-citizens on the basis of race, colour, national or ethnic origin; (b) all non-citizens have equal access to effective remedies; (c) noncitizens are not subject to collective expulsion; (d) the principle of non-refoulement is respected; and (e) they avoid expulsions of non-citizens, especially long-term residents, that would result in disproportionate interference with their right to family life (paras. 25–28). 21. With regard to immigration, the Special Rapporteur notes that laws and policies on immigration must not discriminate, in purpose or effect, on the basis of race, colour, national or ethnic origin.18 The Special Rapporteur is of the view that blanket immigration bans that target particular nationalities with the intent or effect of discriminating on the basis of race, 15 16 17 18 See Committee on the Elimination of Racial Discrimination, general recommendation No. 32, paras. 6–7. See, for example, Committee on the Elimination of Racial Discrimination, general recommendation No. 34 (2011) on racial discrimination against people of African descent, paras. 5–7. Patrick Thornberry, The International Convention on the Elimination of All Forms of Racial Discrimination: A commentary (Oxford, Oxford University Press, 2016), pp. 325–326 and 339–340. See, for example, International Convention on the Elimination of All Forms of Racial Discrimination, art. 1 (3); Committee on the Elimination of Racial Discrimination, general recommendation No. 30, paras. 1, 7 and 9; Durban Declaration and Programme of Action, art. 30. 7