discrimination. Paragraph (2) of Article (1) excludes from this
definition acts that are made by a state party and that
differentiate between citizens and non-citizens. Paragraph
(3) of Article (1) limits paragraph (2) of Article (1) by declaring
that States Parties shall not, with respect to non-nationals,
discriminate against any particular nationality”.
1.7
The (CERD) Committee emphasized that states parties are obligated
to fully report and implement legislation related to foreigners. The
Committee further emphasizes that paragraph (2) of Article (1) must
not be interpreted to undermine in any form the rights and freedoms
recognized and enshrined in other instruments, in particular the
Universal Declaration of Human Rights, the International Covenant
on Economic, Social and Cultural Rights and the International
Covenant on Civil and Political Rights15.
1.8
In the same context, the (CERD) Committee, in its interpretation of
Article (5) of the Convention, commented that: “2. Where a State
imposes a limitation on any right listed in Article (5) of the
Convention... it shall ensure that the restriction is not contrary,
neither in purpose nor in outcome, to Article (1) of the
Convention, as an integral part of the International Human
Rights Standards ..., 3. All persons living in a state should enjoy
a wide range of the rights and freedoms set out in Article (5),
such as the right to equality before the courts, and other rights,
such as the right to Participation in elections, voting and
nomination are among the rights of citizens.”16
15 General Recommendation XI of the Committee on the Elimination of Racial Discrimination relating to non-citizens
(D-42/1993):
http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N94/032/64/PDF/N9403264.pdf?OpenElement
(16) General Recommendation XX of the Committee on the Elimination of Racial Discrimination relating to noncitizens (D - 48 / 1996):
“Additional Information” Parallel Report of the National Institution for Human Rights in the Kingdom of Bahrain to
the Committee on the Elimination of Racial Discrimination (CERD) © 2022
19