Committee aligns itself with Article 15 of the UDHR which prescribes that
'everyone has the right to a nationality and the no one shall be arbitrarily
deprived of his nationality nor denied the right to change his nationality'.11 The
question which needs elaboration is therefore 'what does an arbitrary deprivation
of nationality constitute?'
43.In explaining the elements of 'arbitrariness' the Committee draws inspiration
from the approach adopted by the UN Human Rights Committee. The Human
Rights Committee, in explaining the elements of an 'an arbitrary interference of
states on the enjoyment of one's human rights', depicts that an interference
would amount to arbitrary if it is incompatible with the provisions, aims and
objectives of human rights, and not reasonable in particular circumstances.12
44.The Committee notes that the right to non-discrimination forms part of the main
principle of all human rights instruments in general and the African Children's
Charter in particular. Hence, on matters of nationality, the Committee notes that
depriving one's nationality on the basis of one or more of the prohibited grounds
of discrimination, such as national origin, race and ethnicity would amount to an
arbitrary deprivation of nationality, which is prohibited under article 3 of the
African Children's Charter and other international instruments.
45.1n line with the above approach, the Inter-American Court of Human Right in the
Case of the Girls Yean and Bosico V. Republic of Dominican noted that '[t]he
State's failure to grant nationality for discriminatory reasons constitute an
arbitrary deprivation of nationality and violates the right to nationality guaranteed
by the American Convention'.13
46.1n the Communication at hand, the Complainants submitted that the 2011
amendments provided for the automatic revocation of Sudanese nationality from
persons who, de facto or de jure, acquired South Sudanese nationality. Section
10 of the 1994 Nationality Act as amended in 2011 reads:
(2) Sudanese nationality shall automatically be revoked if the person has acquired, de
jure or de facto, the nationality of South Sudan.
11
Universal Declaration of Human rights, Adopted by the United Nations General Assembly, 1948, Art 15.
UN Human Rights Committee, General Comment No. 16: The Right to respect of privacy, family, home
and correspondence, and protection of honor and reputation, article 17, Par 4.
13 Inter-American Court of Human Right, Case of Girls Yean and Bosico V. Republic of Dominican,
Judgment of September 8, 2005 Para 140.
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