× (1) Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within
its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of
any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status.
of the International Covenant on Civil and Political Rights, Article 2(2)
× The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the
present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other status.
of the International Covenant on Economic, Social and Cultural Rights, Article 1(1)
× The States Parties to this Convention undertake to respect the rights and freedoms recognized herein
and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and
freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other
opinion, national or social origin, economic status, birth, or any other social condition.
of the American Convention of Human Rights, Article 14
× The enjoyment of the rights and freedoms set forth in this Convention shall be secured without
discrimination on any ground such as sex, race, colour, language, religion, political or other opinion,
national or social origin, association with a national minority, property, birth or other status.
of the European Convention on Human Rights and Fundamental Freedoms, Article 3 of the African Charter
on the Rights and Welfare of the Child etc.
40 See Human Rights Committee, General Comment 18, Non-discrimination (Thirty-seventh session,
1989), Compilation of General Comments and General Recommendations Adopted by Human Rights
Treaty Bodies, U.N. Doc. HRIGEN1Rev.1 at 26 (1994), para 1
41 Communication 29/04 - ZLHR & IHRDA v Zimbabwe (2006) ACHPR para 91 ; see also the
Commission's decision in Communication 211/98 - Legal Resources Foundation v Zambia (2000) ACHPR
para 63
42 Evidence to this effect includes amongst others the sworn affidavits of Ismail Dafala Salim, Ibrahim
Athman Said, Arafa Ali and Amina Sebit Aminala.
43 Non-Nubians, except for Kenyan Arabs and Somalis are not subjected to vetting and are only required
to produce the ID of one parent and a baptismal certificate to be issued with ID cards.
44 Exhibit 14: Affidavit of Ismail Ahmed Babalah, at para. Exhibit 22: Affidavit of Mariam Gharib Ahmed, at
para 7; Exhibit 5: Affidavit of Adam Muhammed, at para. 10; Exhibit 21: Affidavit of Khaltuma Ismail Omar,
at para. 12.
45 See the Commmission's decision in Legal Resources Foundation v. Zambia, African Comm. Decision of
May 2001, Comm. No. 211/98, (2001), at para. 63; See also the South Africa Constitutional Court decision
in Harksen v Lane No 1998 (1) SA300 CC para53.
46 Kenya National Commissionon Human Rights, An Identity Crisis: A Study on the Issuance of National
Identity Cards, at 24. (2007). Available at: www.knchr.org/dmdocuments/FinalIDsReport.pdf
47 In the French version of the Charter, 'legal status' is translated as 'personalité juridique' or 'juridical
personality', which accords more with the terminology used in other human rights instruments. Juridical
personality and legal status are therefore used interchangeably in the present Communication.
48 See among others, the Universal Declaration of Human Rights, Article 6
× Everyone has the right to recognition everywhere as a person before the law.
; the International Covenant on Civil and Political Rights, Article 16
× Everyone shall have the right to recognition everywhere as a person before the law.
; the American Declaration on the Rights and Duties of Man, Article XVII
× Every person has the right, in case of pursuit not resulting from ordinary crimes, to seek and receive
asylum in foreign territory, in accordance with the laws of each country and with international agreements.
, the American Convention on Human Rights, Article 3
× Every person has the right to recognition as a person before the law.
; the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa,
Article 3(1)
× Every woman shall have the right to dignity inherent in a human being and to the recognition and
protection of her human and legal rights
.
49 See case of Yean Bosico v Dominican Republic I-ACtHR, Judgment of 8 Sept 2005, para178.
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