001080
true copies or an original of his Tanzanian passport, which he alleges he has; rather,
he produced a copy of a temporary emergency travel document.
83.The
Respondent
Tanzania
do
State
not permit
finally asserts
that,
dual citizenship
and
as
regards
once
an
nationality,
individual,
the
who
laws
has
of
dual
nationality, has attained the age of eighteen (18) years, he or she has to make a
choice to retain or renounce his/her Tanzanian nationality. Therefore, regardless of
the Applicant's claim that he is a Tanzanian citizen, the mere fact that he possesses
passports of other countries proving that he is a citizen of those countries, while he
is far beyond the age of eighteen (18), nullifies any contention that he is a Tanzanian.
aE
84. The Court notes that neither the Charter nor the International Covenant on Civil and
Political Rights (ICCPR) contains any provision specifically dealing with the right to
nationality. However, Article 5 of the Charter provides that “Every individual shall have
the right to the respect of the dignity inherent in a human being and to the recognition of his
legal status ...”
85. The Court also notes that the Universal Declaration of Human Rights (UDHR) which
is recognized as part of customary international law provides in its Article 15 that
“Everyone shall have a right to nationality” and “No one shall be arbitrarily deprived of his/her
nationality...”.1° The Court recalls, as it has held in the case of Anudo Ochieng Anudo
v. United Republic of Tanzania, that the right to nationality as provided under the
UDHR
can
apply
as a binding
norm
to the extent to which
the instrument
has
acquired the status of a rule of customary international law.'! The Court in the same
judgment noted that while deprivation of nationality has to be done in a manner that
avoids statelessness, international law recognises that “... the granting of nationality
10 See the Case
[1980]. ICJ page
Liberia v. South
1962, page 319,
Concerning United States Diplomatic and Consular Staff in Tehran (United States v fran)
3. Collection 1980. See also The question of South West Africa (Ethiopia v. South Africa;
Africa). (Preliminary Objection). (Separate Opinion of Judge Bustamante) ICJ, Collection
Section 9(f) of the Constitution of the United Republic of Tanzania, 1977.
‘1 Anudo Ochieng Anudo v. Tanzania (Merits), § 76.
22