be obtained only upon presentation of nationality certificate which is provided
only to Sudanese nationals and serves as proof of Sudanese nationality. This
indicates that higher education can be accessed in the Respondent State only
by Sudanese nationals. As facts presented before the Committee indicate, Ms
lman has been Sudanese national until her Sudanese nationality was revoked
by application of Section 10(3) of Sudanese Nationality Act (amendment 2011).
As safely concluded by the Committee elsewhere in this decision, the
Respondent State arbitrarily deprived the Complainant's nationality by
introducing a legislation (mentioned above) which arbitrarily deprives children of
South Sudanese origin their Sudanese Nationality based on the national origin
of their parents. Had Sudanese nationality of Ms lman not been revoked, she
could have obtained nationality certificate and national identity number which is
required to access higher education in the Respondent State. In other words, the
Complainant was denied access to higher education as a result of arbitrary
deprivation of her Sudanese nationality.
99.For the above reasons, the Committee concurs with submission of the
Complainants and concludes that revocation of the Complainant's Sudanese
nationality cost her the opportunity to access higher education institution and the
Complainants right to education guaranteed under Article 11 of the Children's
Charter has been consequentially violated as a result of arbitrary deprivation of
the Complainants nationality.
ii.
Alleged Violation of the Right to Protection of the Family
100.
Article 18(1) of the Children's Charter provides that 'The family shall be
the nattJral unit and basis of society. It shall enjoy the protection and support of
the State for its establishment and development'. Article 19(1) of the Children's
Charter further provides that 'Every child shall be entitled to the enjoyment of
parental care and protection and shall, whenever possible, have the right to
reside with his or her parents. No child shall be separated from his parents
against his will, except when a judicial authority determines in accordance with
the appropriate law, that such separation is in the best interest of the child'.
Violation of the right to protection of the family at least presupposes, among
others, existence of unlawful interference in family either by the state actors or
non-state actors, dissolution of family because of interference of state or nonstate actors, unjustified separation of child from his/her family without
considering the best interest of the child and etc.
30