92.
While the situation of children born in the territory who do not acquire the
nationality of another State at birth has already been considered in relation to Article
6(4), the Committee notes that it can be difficult to prove the risk of statelessness:
that is, that a person does not have, or is not going to acquire, another nationality. In
addition, it may be unreasonable to expect a child who may have a theoretical right
to another nationality to take the steps needed to acquire that nationality. Thus, the
Committee encourages States Parties to adopt legal provisions – already in place in
many African States – that a child born in the State with one parent (either mother or
father) also born in the State acquires the nationality of that State at birth.
As
already recommended in the Kenyan Nubian Children‟s case, the Committee also
believes that States should adopt provisions giving children born in their territory the
right to acquire nationality after a period of residence that does not require the child
to wait until majority before nationality can be confirmed. Additionally, a number of
African States provide for a child born in the territory of parents who are lawfully and
habitually resident there to acquire nationality at birth, and the Committee regards
this as best practice. Further, the Committee encourages African States to facilitate
the acquisition of nationality by children who were not born in their territory but who
arrived there as children and have been resident there for a substantial portion of
their childhood.
93.Although this impacts only on a very small number of children, the Committee
suggests that States parties to ensure that their nationality laws provide that children
born on a ship or in an aircraft flagged or registered in that State are deemed to have
been born in the territory of that State.
Nationality and the Principle of non-discrimination
94. In establishing rules relating to nationality, States must also uphold the principle
of non-discrimination set out in Article 3 of the Charter. Specifically, all criteria
established by States relating to acquisition of nationality by children must not
distinguish on the basis of “the child's or his/her parents‟ or legal guardians‟ race,
ethnic group, colour, sex, language, religion, political or other opinion, national and
social origin, fortune, birth or other status”. Accordingly, the Committee recommends
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