initial responsibility of substantiating his or her claim on the claimant. However,
the Committee believes that in cases where a child who claims to be at the risk
of statelessness is requested to bear the sole responsibility to prove that the
child does not hold a nationality of another country, it would put the child in a
more precarious situation. In this regard, the Committee recognises the
approach to a shared burden of proof between the claimant or his/her
parents/guardians and the concerned government to obtain evidence and
establish the facts. In cases where there is no sufficient evidence which support
that the claimant holds another nationality, the country concerned should grant
the child a nationality automatically without putting the child in a situation of
prolonged statelessness.
84.The nationality Act of the Respondent State has also failed to put in place
procedural guaranties which should be respected and allow persons whose
nationality has been revoked to defend themselves before an independent body.
Given the above facts, revocation of Ms lman's Sudanese nationality constitutes
arbitrary deprivation of nationality which is in violation of Article 6 (3) & (4) of the
Children's Charter.
2.1.
Alleged violations against article 6 (3) and (4) as it relates to proof of
nationality
85.Furthermore, in line with the Complainants allegation on violations of article 6 (3)
and (4) of the Charter, the Committee considered matters related to proof of
nationality and how that relates to acquisition of nationality and prevention of
statelessness. In their submission, the Complainants submitted that acquisition
of a Sudanese birth certificate does not proof nationality. Children are, therefore;
left in an ambiguous situation. Children who are born to Sudanese mothers and
South Sudanese fathers, in particular, are left in more ambiguous situation
compared to others as they are left to grow up with the expectation that they are
Sudanese nationals without confirmation. Their expectations of acquiring
Sudanese nationality are further hindered upon reaching the age of 16 by
application of the Nationality Act. Children born to Sudanese mothers and South
Sudanese fathers have a more difficult task to prove their nationality through
their Sudanese parent and their desire to retain Sudanese nationality. The
complainants further submitted that determining and documenting citizenship at
birth provides the best protection for children and there is no justification for
leaving the determination of citizenship until age 16 for everyone, especially
given the serious consequence for children of mixed, Sudanese-South
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