87. The Committee thus reminds African States that States do not enjoy unfettered discretion in establishing rules for the conferral of their nationality, but must do so in a manner consistent with their international legal obligations. These include those set out in Article 6, paragraphs (3) and (4) of the African Children‟s Charter, as well as Article 4, which provides that “In all actions concerning the child undertaken by any person or authority the best interests of the child shall be the primary consideration”. The Committee also draws States‟ attention to Article 5(2) of the African Children‟s Charter, which provides that “States Parties to the present Charter shall ensure, to the maximum extent possible, the survival, protection and development of the child”, and notes that the possession of a nationality is critical to the ability of a child to access such State protection. 88. Articles 6(3) and (4) of the African Children‟s Charter reaffirm the established international principle set out in the Universal Declaration of Human Rights Article 15(1) that “Everyone has the right to a nationality”. However, the combination of sub-articles (3) and (4) of Article 6 provide a more specific obligation than Article 15(1) of the Universal Declaration of Human Rights. This is because these subarticles require States “to adopt every appropriate measure, both internally and in cooperation with other States, to ensure that every child has a nationality when he is born”.36 Article 6(4) of the African Children‟s Charter strengthens the overarching provision on nationality, and harmonises the Charter with the principle established by the 1961 Convention on the Reduction of Statelessness: that a child who would otherwise be stateless – that is, who does not obtain any other nationality at birth – shall have the nationality of the State in which he or she is born. The African Children‟s Charter thus reaffirms the specific responsibility of the State where the child is born to confer its nationality upon the child, if that child has no other nationality. 89. Above all, the inclusion of Article 6(4) within the African Children‟s Charter represents a recognition by African States that the lack of the right to a nationality, 36 General Comment No. 17 of the UN Human Rights Committee (1989); Article 24 : Rights of the Child, paragraph 8; see also Kenyan Nubian Children’s case (note 8 above), para 42. Cf The Convention on the Rights of the Child which provides in Article 7(2) that “States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless”. 32

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