CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ THE ISSUE OF COMPARISON OF STATELESS PERSON WITH STATELESS SHIP … These states are the Bahamas, Barbados, Burundi, Iran, Iraq, Jordan, Kiribati, Liberia, Libya, Malaysia, Nepal, Oman, Saudi Arabia, Sudan, Syria, Togo, and the United Arab Emirates (states in the orange category). Finally, states which limit the conferral of nationality by women, however they guarantee that they would ensure that statelessness will arise only rarely. Such a state is based on the UNHCR report Mauritania (state in the yellow category). 45 The determination whether practise of the above mentioned states is or is not in accordance with the Convention on Elimination of All Forms of Discrimination against Women depends on whether the states concerned are state parties of this convention, and whether they declared reservations against the Article 9(2) stipulating that ‘States Parties shall grant women equal rights with men with respect to the nationality of their children .’ 46 Iran, Somalia, and Sudan are not state parties to this convention. The states which ratified the convention but declared the reservation against the Article 9(2) are Brunei Darussalam (due to Islamic law), Kuwait (due to the domestic laws allowing only father confer the nationality), Qatar (due to the general inconsistency of Article 9(2) with domestic law), Bahamas, Jordan, Lebanon, Malysia, Oman, Saudi Arabia, Syria, and the UAE (without providing a reason). 47 In regard to enforcing the fulfilment of the right to nationality of the child acquired through their mother based on Article 9(2), it is important that the state parties concerned did not declare reservation against Article 29(1) which stipulates that [a]ny dispute … concerning the interpretation or application of the present Convention, which is not settled by negotiation’ to an arbitration. ‘If within six months from the date of the request for arbitration the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court . 48 State parties which did not declare the reservations against Articles 9(2) and 29(1) are Eswatini (red); Barbados, Burundi, Kiribati, Liberia, Libya, Nepal, Togo (orange); and Mauritania (yellow). Any state party, which did not declare the reservation upon accession of the above-mentioned states, so the convention between these states did not apply, might consider the negotiations followed by arbitration, respectively submitting the application to the ICJ. The grounds for such submission might be the alleged inconsistency of the domestic law, specifically the failure of a state party to ensure equal rights of men and women in regard to the citizenship of their children, which might qualify as violation of the obligations stemming from the Convention on Elimination of All Forms of Discrimination against Women . This approach towards reducing statelessness could be, in the author’s opinion, hypothetically considered primarily 49 in relation to Eswatini, which falls into the red category 45 Ibidem. 46 Convention on the Elimination of All Forms of Discrimination against Women, 18 December 1979, United Nations, Treaty Series, vol. 1249, p. 13. 47 UN Treaty Collection. 8. Convention on the Elimination of All Forms of Discrimination against Women, New York, 18 December 1979. Registry of Declarations and Reservations. [online] [accessed on 19 May 2024] Available at: https://tinyurl.com/5y7rjsct. 48 Convention on the Elimination of All Forms of Discrimination against Women, c.w. 49 It is, of course, possible to consider such approach in regard to any of the above-mentioned states, that did not declare the reservations against the Articles 9 and 29. The colour categories are only UNHCR’s internal markings, but in relation to the Convention, they are irrelevant. In regard to enforcing the implementation of

33