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. 1 1

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