and the lack of recognition as a full participant in the political and social life of the
country where a person has been born and lived all his or her life, has been at the
heart of many of Africa‟s most intractable political crises and civil conflicts. Ensuring
that all children have a nationality from birth is not only in the best interests of the
child and future adult, but also of States Parties to the Charter.
90. In considering the significance of the wording of Article 6(3), the Committee of
Experts held in the Kenyan Nubian Children‟s case that:
The African Committee notes that Article 6(3) does not explicitly read, unlike the right to a
name in Article 6(1), that “every child has the right from his birth to acquire a nationality”. It
only says that “every child has the right to acquire a nationality”. Nonetheless, a purposive
reading and interpretation of the relevant provision [Article 6(3)] strongly suggests that, as
much as possible, children should have a nationality beginning from birth. This interpretation
is also in tandem with Article 4 of the African Children‟s Charter that requires that “in all
actions concerning the child undertaken by any person or authority the best interests of the
child shall be the primary consideration”.
91. As indicated in that case, because by definition, a child is a person below the
age of 18 (Article 2 of the African Children‟s Charter), any law, policy or practice
which entails that children must wait until they turn 18 years of age to apply to
acquire a nationality cannot be seen as an adequate effort on the part of the State
party to comply with its Charter obligations.37 Although the Committee accepts that
there are a variety of legal systems in place in Africa relating to the acquisition of
nationality, and acknowledges the discretion of State parties to adopt rules that
conform with their traditions and needs, this discretion is at the same time limited by
the principles of international human rights law, including the African Children‟s
Charter. Thus, the Committee believes that States should adopt legal and other
measures to ensure that nationality is acquired by a child at birth not only on the
basis of descent from a citizen without restrictions (such as limitation of transmission
of nationality to one generation only for children born abroad), but also in some
circumstances on the basis of birth in the territory of the State. The commitment to
reduce the possibility of statelessness is an overarching obligation in the best
interests of the child.
37
Kenyan Nubian Children’s Case, paragraph 42.
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