for the child's long-term or day-to-day care, welfare and development. Hence, slman did not have a responsible father at the time of revocation of her Sudanese nationality. Rather, it was the mother of the complainant who was discharging her parental responsibility. It has not been contested that the mother of Ms lman has a Sudanese nationality; and her Sudanese nationality has not been revoked. From this, it follows that her Sudanese nationality should not have been revoked since !man's responsible parent (the complainant's mother) has not been affected by Section 10 (2) of the Nationality Act (Amendment) 2011. Furthermore, it cannot be said that her father is entitled to South Sudanese nationality de jure or de facto since at the time of his death there was no concept of South Sudanese nationality and the conferral of the South Sudanese nationality Started after secession of South Sudan which happened after the death of Ms !man's father. Moreover, as it has been recorded on his death certificate !man's father was a Sudanese national and a resident of aiHasaheesa.19 As aforementioned, amendment of nationality law of the Respondent State took place at least six months after death of the !man's father. Retroactive application of Section 10(2) of the Nationality Act (Amendment) has not been provided in the text of the amendments or elsewhere in the nationality law of the Respondent State. Given such circumstance, it is the Committee's view that revocation of Sudanese nationality of Ms Iman Benjamin on the ground that the nationality of the deceased father has been revoked is ill-founded and absurd. 78.1n the presence of the above facts, revocation of Sudanese nationality of Ms. lman Hassan Benjamin's amounts to arbitrary deprivation of nationality. In the Case of Children of Nubian Descent V. the Republic of Kenya, this Committee noted that 'States Parties need to make sure that all necessary measures are taken to prevent the child from having no nationality.' 20 In the Case Modise v. Botswana, the African Commission on Human and Peoples' Right held that failure or refusal of States to grant nationality on grounds that individuals had obtained another nationality or had accepted it without showing any proof is a violation of the right to nationality which is basic component of the right to recognition of legal status guaranteed under Article 5 of the African Charter on Human and Peoples' Right.21 19 The death certificate of the Complainant's father, Annex 1, p. 4-5. ACERWC, Communication: No. Com/002/2009, Institute for Human Right an Development in Africa (IHRDA) and the Open Society Justice Initiative (on behalf of Children of Nubian Descent in Kenya) v. Kenya para 52. 2 1 African Commission, Modise v. Botswana Communication 97/93, ACHPR 2000, par 88-89. 20 2 1

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