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International Law Association London Conference (2000) INTERNATIONAL LAW ASSOCIATION LONDON CONFERENCE (2000) COMMITTEE ON FEMINISM AND INTERNATIONAL LAW Members of the Committee: Professor Christine Chinkin (UK): Chair Professor Karen C Knop (Canada): Rapporteur Professor Junko Akiba-Torii (Japan) Mme Ludmila V Korbut (Russia) Mr Andrew C Byrnes (Hong Kong) Professor Virginia Leary (USA) Professor Hilary Charlesworth (Australia) Professor P Loenen (Netherlands) Alternate: Ms Anne Gallagher Justice Sujata V Manohar (India) Ms Mai Chen (New Zealand) Dr Karin Oellers-Frahm (Germany) Dr Alpha Connelly (Ireland) Ms Catherine Redgwell (UK) Alternate: Dr Patricia Conlan Atty Zenaida P Reyes (Philippines) Professor M Kirilova Eriksson (Sweden) Ms Jenny Huei-Yi Shyu (China (Taiwan)) Mrs Alda Gant (Brazil) Alternate: Ms Chih-yu Wu Professor Savitri W E Goonesekere Dr Lilly Sucharipa (Austria) (HQ/Sri Lanka) Professor Giuseppe Vedovato (Italy) Dr Anja-Riitta Ketokoski (Finland) Ms Tania Wasserstein (Brazil) Ms Annette Lansink Kirk-Cohen (South Africa) Final Report on Women’s Equality and Nationality in International Law 1) Introduction 1.1) Activities of the Committee This report is the final of the Committee’s three reports on women’s equali- ty in the context of nationality under international law. The Committee’s work on the topic began at the 66th ILA Conference in Buenos Aires with the con- sideration of a report prepared by Professor Christine Chinkin, then Rapporteur of the Committee, and Mr Urfan Khaliq (Faculty of Law, University of Southampton) entitled “Preliminary Study and Comparative Analysis of the Immigration and Nationality Laws of Different States and their Impact Upon Women” (Preliminary Study). The plenary meeting of the Conference took note of this Preliminary Study and requested the Committee to continue its work. At the 68th ILA Conference in Taipei, the Committee considered the further Preliminary Report “Women’s Equality and Nationality in International Law” (Preliminary Report). The Preliminary Report built on the Preliminary Study, 2INTERNATIONAL LAW ASSOCIATION but shifted the field of the Committee’s work from comparative to internation- al law and narrowed its focus to nationality. The Preliminary Report was con- sidered by the plenary meeting of the 68th Conference, which invited the Committee to continue its work, taking into account the comments made at the 68th Conference. Among the comments made in the Committee’s working session at the 68th Conference was the suggestion that the Preliminary Report be widely circulat- ed in order both that it might serve as a resource for international organizations, nongovernmental organizations (NGOs), women’s groups and others seeking to advance women’s equality in nationality law, and that it might attract useful feedback from such hands-on users. This has proved to be invaluable advice. In accordance with the specific suggestion of Professor Andrew Byrnes,1 Professor Christine Chinkin, the Chair of the Committee, sent a copy of the Preliminary Report to the United Nations Human Rights Committee and the Committee on the Elimination of Discrimination Against Women (CEDAW). The Preliminary Report was publicized in the American Society of International Law Women and International Law (WILIG) Newsletter and is listed in Women’s Human Rights Resources, a web-based bibliography on women’s human rights.2 It is hoped that inclusion in this website, in particular, will help to bring the Committee’s work to the attention of those who might not be famil- iar with the International Law Association or think to consult its publications. The Preliminary Report was made available to some of the advocates involved in litigation in South Asia around women’s equality in nationality law through Interights, a London-based international NGO which monitors and assists the domestic litigation of human rights issues. In October 1999, Professor Chinkin delivered a key-note address based on the Preliminary Report, entitled “Nationality in International and Regional Human Rights Law,” at a plenary session of a Judicial Colloquium organized by the United Nations Division for the Advancement of Women held in Vienna and attended by nearly 100 judges from around the world. Professor Karen Knop, the Rapporteur of the Committee, drew on the report in her paper “Relational Nationality: On Gender and Nationality in International Law,” prepared for the conference “Citizenship: Comparisons and Perspectives,” co-sponsored by The International Migration Policy Program, Carnegie Endowment for International Peace and the Fundação Luso-Americana para o Desenvolvimento, held in Lisbon in June 1999 (forthcoming in collection from the Carnegie Endowment for International Peace). At the request of the UN Division for the Advancement of Women, Professor Chinkin will author a version of the Final Report aimed at a more general audience, which will be published by the United Nations in its “Women 2000” series. An informal meeting of the Committee was held in Washington, D.C. in 1 International Law Association, 68th Conference Report (1998) at 320. 2 http://www.law-lib.utoronto.ca/Diana/nation/documents.htm COMMITTEE ON FEMINISM AND INTERNATIONAL LAW 3 April 1999. In addition to the Chair and Rapporteur of the Committee, Professor Hilary Charlesworth, Professor Virginia Leary, Ms Jenny Huei-yi Shyu and Dr. Lilly Sucharipa were in attendance. Other Committee members sent regrets. Professor Chinkin had occasion to speak separately with Professor Savitri Goonesekere, former Chair of the Committee and currently a member of CEDAW, about the direction of the Final Report. Professor David Berry made available to the Committee his paper “International Law and the Violation of Women’s Rights to Nationality: A Caribbean Perspective,” and Dr. Maria Laeticia Loenen forwarded comments on the Preliminary Report by the Dutch Working Group on Feminism and International Law. Other Committee mem- bers brought various national developments to the Committee’s attention. Since the 68th Conference in 1998, the Committee’s work on equality and nationality has also benefitted from the assistance of a number of outside insti- tutions, organizations and individuals. Through the International Human Rights Programme at the University of Toronto Faculty of Law, the Committee was able to establish two student internships related to its work. Ms Alison Symington (LL.B. student, University of Toronto) spent the summer of 1999 as an intern with Ms Sara Hossein of Interights, London; and Ms Sandra Raponi (LL.B. student, University of Toronto) was a summer intern under the supervi- sion of Ms Carol Batchelor (ILA Headquarters member) at the United Nations High Commission for Refugees (UNHCR) in Geneva. Professor Knop con- veyed in writing the Committee’s gratitude to Professor Rebecca Cook (Faculty of Law, University of Toronto) and Ms Valerie Oosterveld (then Director of the International Human Rights Programme at the Faculty of Law, University of Toronto) for making these internships possible. The Committee is grateful to the two host organizations and especially to Ms Hossain and Ms Batchelor for their respective supervision of the interns. Ms Hossain and Ms Symington have been of ongoing assistance to the Committee in keeping it apprised of domestic developments in South Asian countries and in providing the Committee with documentation in this regard. Ms Raponi contributed several regional studies of women and nationality law based on her research at UNHCR. The Committee also acknowledges with thanks comments on the Preliminary Report by Carol Batchelor, Rebecca Cook, Zdenka Machnyikova and Johanna Myyra.3 3 Due to the Committee’s focus on women’s equality and nationality in international law, the Final Report uses domestic laws and cases only as examples. While the Final Report therefore does not make reference to the full wealth of information received by the Committee on specific coun- tries and regions, its formulation of the issues, priorities and recommendations attempts to reflect the entire range of information at its disposal. Readers who are having difficulty locating any of the sources mentioned in the Final Report are welcome to contact the Rapporteur by mail at Faculty of Law, University of Toronto, 84 Queen’s Park Crescent, Toronto, Ontario, Canada M5S 2C5; fac- simile (416-978-7899); or electronic mail ([email protected]). 4INTERNATIONAL LAW ASSOCIATION 1.2) Final Report of the Committee The Final Report updates and revises the Preliminary Report to reflect the assistance and advice received by the Committee. The most significant revision is the addition of a conclusion which proposes a set of general recommenda- tions for discussion at the 69th ILA Conference in London and identifies relat- ed subjects in international law deserving of separate study. The primary goals of the Preliminary Report were to develop a framework for analyzing the various issues of women’s equality in nationality law and to use this framework to evaluate the relevant international legal regimes. With respect to the first of these goals, the Preliminary Report introduced the idea of successive “generations” of equality issues, where reforms to nationality law eliminated one set of equality issues only to leave or give rise to another. This idea of generations offered a clearer picture of the progress, past and present, toward women’s equality in nationality law. The goal of examining the full range of international legal regimes available to promote equality in matters of nationality was intended to
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