undermined when a woman holds a nationality but cannot transmit it to her
child.10
39.Coming to the issue at hand, the Committee notes that the effective nationality
law of Sudan, through which Ms lman can obtain a nationality, is the Sudanese
Nationality Act of 1994 as amended in 2005 and in 2011. Section 4 of the 1994
Act provides how Sudanese is acquired by birth.
40.From Section 4 of the Nationality Act, it is possible to deduce that the law
provides automatic conferral of Sudanese nationality by birth on children born to
Sudanese fathers as opposed to children born to a Sudanese mother as they
are required to submit application to the competent authorities to obtain
Sudanese nationality by birth. Unlike children born to a Sudanese father,
children born to a Sudanese mother have to go through administrative process
to be considered as Sudanese national by birth. The law treats differently these
groups of children on the basis of the gender of their parents. In this regard,
Article 3 of the African Children's Charter is clear in that it lists the child's or
his/her parents' gender as a prohibited ground of discrimination. This law
requires Ms lman, born to a Sudanese mother, to apply for a Sudanese
Nationality as opposed to other children who are born to Sudanese Fathers.
This violates Ms Iman's right not to be discriminated based on the gender of her
mother in obtaining her nationality.
41.The Committee notes that the Section 4 of the 1994 Act that requires a child of
a Sudanese mother to apply for nationality (as opposed to automatic conferral
of nationality by operation of the law for child of a Sudanese father) contradicts
the provisions of the African Children's Charter and other international norms.
Hence, the Committee finds the Respondent State in violation of Article 3 of the
African Charter on the Right and Welfare of the Child as it discriminates against
children born to a Sudanese mother in general and Ms. lman in particular on the
basis of gender.
1.2.
Alleged violation of article 3 on prohibition of non-discrimination on the
grounds of country of origin of parents as it relates to arbitrary deprivation
of nationality
42.The Committee recognises the principle of international law which prohibits an
arbitrary deprivation of nationality to be another limit to the sovereignty of states
to decide the conferral, withdrawal and regulation of nationality. In particular, the
10
Attorney General of Botswana case v Unity Dow, The High Court of Botswana, 1991.
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