lack of recognition is often based on arbitrary and discriminatory laws and
motives such as exclusion of a particular race, ethnic origin and gender. The
Committee notes that the existence of such discriminatory laws and practices in
relation to nationality matters deprives the child's legal existence in a particular
state which then exclude the child from enjoying a full range of his/her rights
which are linked with the conferral of nationality. Because a child is undulybased on discriminatory laws and practices- denied or revoked his/her
nationality, he /she may not have his/her birth registered,3 be enrolled in schools
or universities, have access to public health services, or obtain travel
documents.4
34. Based on the above explanation the Committee approached the allegation from
two angles
i.
Whether the nationality laws of the Republic of Sudan consist of
discriminatory provisions as it relates to acquisition of nationality; and
ii.
Whether the nationality laws of the Republic of Sudan consist of
discriminatory provisions as it relates to deprivation of nationality.
1.1.
Alleged violation of article 3 as it relates to the prohibition of nondiscrimination on the ground of sex of a parent while transferring
nationality to a child
35. The Committee recognises the fact that matters of nationality, particularly
acquisition of nationality, falls under the domain of individual states, based on
the principle of sovereignty and equality of states in international law.5 However,
the Committee also recognises the instances where international law can feature
into the domestic jurisdiction of states in matters of attribution of nationality. At
the current stage of the development of international human rights law, the
authority of States on matters of nationality is limited, on the one hand, by their
obligation to provide individuals with the equal and effective protection of the law
3
Though the Committee takes the position that according to article 6 (2) of the African Children's Charter,
State Parties are legally bound to register ALL children who are born on their territories regardless of their
nationality.
4 It is because of the high prevalence of discrimination in nationality laws that international and regional
laws include specific prohibition of discriminatory laws and practices in nationality laws. In this regard, the
Committee particularly refers to Article 6 (g) & (h) of the Protocol to the African Charter on Human and
Peoples' Rights on the Rights of Women, Article 26 of the ICCPR, Article 5 of the 1965 Convention on the
Elimination of All Forms of Racial Discrimination (CERD), Article 9 of the 1979 Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW, Article 2 of the 1989 Convention on
the Rights of the Child (CRC) and Article 5 of the Convention on the Elimination of All Forms of Racial
Discrimination.
5 Laura van Waas, Nationality Matters: Statelessness under International Law, 2008, Pp. 36.
9