initial responsibility of substantiating his or her claim on the claimant. However, the Committee believes that in cases where a child who claims to be at the risk of statelessness is requested to bear the sole responsibility to prove that the child does not hold a nationality of another country, it would put the child in a more precarious situation. In this regard, the Committee recognises the approach to a shared burden of proof between the claimant or his/her parents/guardians and the concerned government to obtain evidence and establish the facts. In cases where there is no sufficient evidence which support that the claimant holds another nationality, the country concerned should grant the child a nationality automatically without putting the child in a situation of prolonged statelessness. 84.The nationality Act of the Respondent State has also failed to put in place procedural guaranties which should be respected and allow persons whose nationality has been revoked to defend themselves before an independent body. Given the above facts, revocation of Ms lman's Sudanese nationality constitutes arbitrary deprivation of nationality which is in violation of Article 6 (3) & (4) of the Children's Charter. 2.1. Alleged violations against article 6 (3) and (4) as it relates to proof of nationality 85.Furthermore, in line with the Complainants allegation on violations of article 6 (3) and (4) of the Charter, the Committee considered matters related to proof of nationality and how that relates to acquisition of nationality and prevention of statelessness. In their submission, the Complainants submitted that acquisition of a Sudanese birth certificate does not proof nationality. Children are, therefore; left in an ambiguous situation. Children who are born to Sudanese mothers and South Sudanese fathers, in particular, are left in more ambiguous situation compared to others as they are left to grow up with the expectation that they are Sudanese nationals without confirmation. Their expectations of acquiring Sudanese nationality are further hindered upon reaching the age of 16 by application of the Nationality Act. Children born to Sudanese mothers and South Sudanese fathers have a more difficult task to prove their nationality through their Sudanese parent and their desire to retain Sudanese nationality. The complainants further submitted that determining and documenting citizenship at birth provides the best protection for children and there is no justification for leaving the determination of citizenship until age 16 for everyone, especially given the serious consequence for children of mixed, Sudanese-South 24

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