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

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