79.The Committee also notes that Ms Iman Benjamin may be entitled to South Sudanese nationality but she is not pursing it. The facts in the Communication clearly entail that she is entitled to Sudanese nationality and she has been pursing it with no success. Hence, it is the view of the Committee that Ms lman Benjamin has become stateless as she is not formally recognized as a national of neither South Sudan nor Sudan. 80.Moreover, the Committee notes that international law allows and recognizes some of the rules upon which loss/deprivation/ withdrawal of nationality can take place. Any loss/deprivation/withdrawal of nationality will need to comply with primarily three criteria- it should be aimed at achieving a legitimate purpose; it should take the least intrusive method; and finally it has to be proportional to the right or interest that it aims to protect. In line with this approach, the African Court on Human and Peoples' Right noted that 'International Law does not allow, save under very exceptional situations, the loss of nationality. 22 The said conditions are: i) they must be founded on clear legal basis; ii) must serve a legitimate purpose that conforms with International Law; iii) must be proportionate to the interest protected; iv) must install procedural guaranties which must be respected, allowing the concerned to defend himself before an independent body.'23 As a result, the Committee is of the view that the application of Section 10(3) leaves a child to be stateless, even if it is for a limited period of time; hence it is not complying with the provisions of the African Children's Charter as they are stated in Article 6(3) & (4). 81.1n the particular case, in a situation whereby Ms lman would effectively be rendered stateless, it would be difficult, if not impossible, to argue that Article 10(3) is proportional to the interest that the legislation is aimed to protect. The Committee does not find the measure taken by the Respondent State in automatically changing nationality requirements without giving due regard to the impact it is having on individuals, to the effect that people like Ms lman can also be at the risk of statelessness, proportional to the interest of the state it is trying to keep. Even if the nationality of the responsible parent is revoked, that cannot justify revocation of nationality of the child. In this regard, the Committee in its General Comment explicated that 'where a parent loses or is deprived of nationality, that loss or deprivation should not affect the child and in no case, may a child lose or deprived of his or her nationality if he or she would be left stateless.' 24 22 23 24 Anudo Ochieng Anudo V. United Republic of Tanzania, The AfCHPR (2018) para 79. As above General Comment (n 6 above}, Par. 98. 2 2