A/HRC/38/52
globalization instrumentally to use and further marginalize those who have not
benefited in the same ways from the global neoliberal order.
66.
In the light of these conclusions, the Special Rapporteur wishes to reiterate the
recommendations made by the Committee on the Elimination of Racial Discrimination
in its general recommendation No. 30 on discrimination against non-citizens (sects. II–
VII). She also recalls relevant good practices and recommendations made by her
predecessors, particularly in reports relating to xenophobia (A/HRC/32/50), counterterrorism (A/72/287), racial and ethnic profiling (A/HRC/29/46) and Islamophobia
(A/HRC/15/53).
67.
In addition, the Special Rapporteur urges States to adopt the following concrete
measures aimed at eliminating and preventing racial discrimination in the context of
citizenship, nationality and immigration:
(a)
Ratify relevant instruments, including the 1954 Convention relating to the
Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness,
and harmonize the definitions of racial discrimination against non-citizens, stateless
persons and refugees within national laws in accordance with these instruments. This
includes withdrawing reservations to these treaties that undermine the pursuit of
substantive racial equality;
(b)
Especially with respect to citizenship and nationality, adopt and
implement article 1 of the International Convention on the Elimination of All Forms of
Racial Discrimination, as explained by the Committee on the Elimination of Racial
Discrimination in its general recommendation No. 30. States are prohibited from
restricting the rights of non-citizens in any way that is not proportionately tailored to
achieve a legitimate aim grounded in the substantive racial equality framework of the
Convention. Under the Convention relating to the Status of Refugees and the
International Convention on the Elimination of All Forms of Racial Discrimination,
blanket bans on specific nationalities and other immigration measures that exclude on
the basis of race, colour, ethnicity or national origin are unlawful. States must take
immediate steps to undo any measures of this sort;
(c)
Take specific steps to end statelessness, including by putting an end to the
practices and policies identified above that render persons stateless and in doing so,
make them vulnerable to extreme human rights violations;
(d)
Address intersectional discrimination, especially as it affects non-citizens
on the basis of gender and religion, combined with other grounds;
(e)
Make every effort to ensure that the Global Compact on Migration and
the Global Compact for Refugees both place equality and non-discrimination principles
at their centre. For the Global Compact on Migration, this means States must make an
explicit commitment to protecting regular and irregular migrants from racial
discrimination, as required by international human rights law.
68.
A set of more concrete recommendations has been posted on the website of the
Special Rapporteur.99
99
20
See www.ohchr.org/EN/Issues/Racism/SRRacism/Pages/Reports.aspx.