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

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