Regarding the right to acquire nationality, the ACERWC, in the Case of Children
of Nubian Descent in Kenya v. the Republic of Kenya noted that: 'Article 6(3)
does not explicitly read, unlike the right to a name in Article 6(1), that "every
child has the right from his birth to acquire a nationality". It only says that "every
child has the right to acquire a nationality". Nonetheless, a purposive reading
and interpretation of the relevant provision strongly suggests that, as much as
possible, children should have a nationality beginning from birth. This
interpretation is also in tandem with Article 4 of the African Children's Charter
that requires "in all actions concerning the child undertaken by any person or
authority the best interests of the child shall be the primary consideration".14
57.Despite this accepted approach under international law, the Committee notes
that, some States make findings that a child is of "undetermined nationality".
However, in situations where the child's nationality is undetermined and when
the child finds herself/himself otherwise be stateless, countries should, as soon
as possible, determine her/his nationality so as not to prolong a child's status of
undetermined nationality. As the Committee in the Nubian Descent case stated
"a year in the life of a child is almost six percent of his or her childhood... the
implementation and realization of children's rights in Africa is not a matter to be
relegated for tomorrow, but an issue that is in need of proactive immediate
attention and action."15
58.Furthermore, as per Article 2 of the African Children's Charter, a child is a
person below the age of 18.
59.In view of the above, the Committee also aligns itself with the Human Rights
Committee where it states that '[s]tates are required to adopt every appropriate
measure, both internally and in cooperation with other States, to ensure that
every child has a nationality when he is born.' 16 Moreover, the Committee also
makes reference to the requirement of article 6(2) of the African Children's
Charter, article 7(1) of the UNCRC and article 24 (2) which require children to be
registered immediately after birth, which implies that States are obliged to
facilitate early conferral of nationality to children.
60. On the issue of obligations of State Parties, the African Children's Charter, as in
the case with the UNCRC, requires states parties to "undertake to ensure that
their Constitutional legislation recognises the principles according to which a
14
15
16
The African Charter on the Rights and Welfare of the Child, Adopted by OAU in 1999, article 4.
Nubian Descent case (n 6 above) Par 33.
General Comment No. 17 on Article 24 of the ICCPR, Human Rights Committee, 1989 Par 8.
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