child shall acquire the nationality of the State in the territory of which he has
been born if, at the time of the child's birth, he is not granted nationality by any
other State in accordance with its laws."17As per the above provision of the
Charter, the State where the child is born in is the primary bearer of the
obligation to grant nationality to the child, particularly in a situation where the
child becomes otherwise stateless.
61.1n determining the Respondent State's obligation to grant nationality to a child
who would otherwise be stateless, the Committee would like to refers to Articles
1-4 of the 1961 Convention on Reduction of Statelessness (the 1961
Convention). The Committee recognises that article 1 of the 1961 Convention
provides safeguarding principle which serve as the basis for the mechanisms
that States should take to prevent statelessness among children. Article 1 gives
a child who would otherwise be stateless the right to acquire the nationality of
his or her State of birth through one of two means. A State may grant its
nationality automatically, by operation of law to children born in its territory who
would otherwise be stateless. Alternatively, a State may grant nationality to such
individuals later upon application.
62. The Committee notes that while the obligation of granting nationality falls
primarily on the State of birth of a child, it recognises other States with which a
child has a relevant link are also under obligations to ensure that the child has
acquired a nationality. Such relevant links could be established by looking at
various factors but particularly through parentage or residence.
63.The Committee recognises the legal protections that specifically address
nationality and state succession in Article 10(1) of the 1961 Statelessness
Convention which requires any treaty contracted between States concerning the
transfer of territory to include specific provisions addressing the nationality of the
citizens of the territory at issue. In the absence of such provisions, a State is
required to confer its nationality on residents of the transferred territory if they
would otherwise become stateless.
64.The ACERWC would also like to recognize the most relevant document from
International Law Commission(ILC) on Nationality of Natural Persons in Relation
to the Succession of States. In addressing the issue of attribution of nationality,
Part II of the ILC's Articles on Nationality prescribes elements for the purposes
17
The African Children's Charter (n 14 above), article 6(4)
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