89.Finally, the Committee also notes that the Respondent State, during the
dialogue, submitted that Ms lman is not stateless by producing a document
issued as an Emergency Travel Document which stated that she is South
Sudanese. Though the document was introduced only on the floor without an
adequate amount of time for the Committee and the Complainants to review and
respond to the contents and value of the document; the Committee notes that it
would be important to reflect on its content and implications on proof of
nationality. From the onset, the Committee recognises that an Emergency Travel
Document could be considered as a prime facie recognition of nationality. In the
current Communication, as far as the investigation of the Committee goes, the
document was issued by the Nationality, Passports and Immigration (DNPI) of
South Sudan in Khartoum for those who claim entitlement to South Sudan
nationality but do not possess all required supporting/evidentiary documents to
supplement their claims. The document is issued to them to enable them to
respond to some protection needs, such as, collection of pensions, and using it
to sit for secondary school exams. In this regard, it is the view of the Committee
that the document is not a substitute to the nationality document and DNPI
sometimes issued it to individuals whose applications for nationality in Khartoum
is rejected to facilitate their travel to Juba to further follow up on their application
in the DNPI Head Quarters in Juba. The disclaimer indicated in the document
also highlights the very purpose why this document is issued; i.e., for mere
emergency travel. Besides, the Committee notes that there is evidence that
South Sudanese nationality is proven through a nationality certificate and not
through an Emergency Travel Document. Hence, upon closer scrutiny, the
Committee takes the view that the Emergency Travel Document should not be
considered as proof of nationality.
Ill.
Alleged Consequential Violations
90.1n their submission to the Committee, the Complainants argued that Ms !man's
arbitrary deprivation of Sudanese Nationality has consequentially violated her
numerous human rights. The Complainants mainly argued that the arbitrary
deprivation of nationality resulted in the violation of Ms !man's right enshrined in
the African Charter on Human and Peoples' Rights on the right to equal
protection of the law, right to dignity and legal status, right to fair trial, right to
education, and protection of the family. However, the Committee believes that it
does not have the mandate to pronounce violations on other instruments apart
from the African Children's Charter in principle. The Committee is of the view
that its mandate as it relates to other international and regional human rights
instruments and jurisprudence is only to draw inspiration from such instruments
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