iii.
I.
Whether the Government the Republic of Sudan is responsible for the
alleged consequential violations under the African Charter on Human and
Peoples' Rights in relation the right to equal protection of the law (Article 3
(2)), right to dignity and legal status (article 5), right to have cause heard
(Article 7), right to education (article 11) and protection of the family
(article 18 (1)).
Alleged violations of article 3 of the African Children's Charter on nondiscrimination
24.The Committee takes note of the fact that in August 2011 the Republic of Sudan
has adopted an amendment law to its 1994 Nationality Act. The Committee
notes that following the separation of South Sudan from the Republic of Sudan,
the formation of the new State, which is now called the Republic of South
Sudan, and the amendment of the 1994 Sudanese Nationality Act resulted in
challenges on the determination and withdrawal of the nationality of children and
the prevention of statelessness of children, especially for those who were born
to Sudanese mothers and South Sudanese fathers. Section 10 (2) of the 2011
Amendment Law states that 'Sudanese nationality shall automatically be
revoked if the person has acquired, de jure or de facto, the nationality of South
Sudan'. Section 10 (3) of the Amendment Act further prescribes that without
prejudice to Section 15, Sudanese nationality shall be revoked where the
Sudanese nationality of his responsible father is revoked. The 2011
Amendments further prohibit dual nationality with South Sudan despite the fact
that dual nationality with any other country is permitted in the Sudan since 1994.
25.The Committee also notes that in prescribing the modes of acquisition of
nationality, Section 4 of the 1994 recognises acquisition of Sudanese nationality
by birth. Looking at the provisions, the Committee notes that Sudanese
nationality can be acquired by birth either automatically or by application.
Section 4 (1) of the 1994 Nationality Act provides the conditions which must be
satisfied for a person to be Sudanese by birth. Section 4 (1) reads:
In respect of persons born before the coming into force of this Act, a person
shall be Sudanese by birth if he satisfies the following conditions:
(a) if he has already acquired Sudanese nationality by birth;
(b) (i) if he was born in Sudan or his father was born in Sudan;
(ii) if he is residing in Sudan at the coming into force of this Act and he and his
ancestors from the father's side were residing in Sudan since 111/1956.
6