001079
falls within the ambit of the sovereignty of States and,
consequently,
each
State
determines the conditions for attribution of nationality”.'2
86. The Court further notes that the nationality provision in the UDHR has crystallised in
several subsequent international law instruments whether universal or African. Such
instruments
include the United Nations Conventions of 1954 and 1961
preventing
and
reducing
determine the granting
statelessness,
which
of nationality always
essentially
bearing
devoted to
obligate
in mind the utmost
States
to
need
of
avoiding statelessness.'3 Under the aegis of the African Union, the African Charter
on the Rights and Welfare of the Child explicitly provides in its Article 6(3) that “every
child has the right to acquire a nationality”.14
87. The Court holds that the right to nationality is a fundamental aspect of the dignity of
the human person. The protection of the dignity of the human person is recognised
as a cardinal principle under international law. Apart from the recognition of the norm
in most
international
human
principle of respect for human
rights
instruments
dignity is enshrined
such
as
ICCPR
and
UDHR,
the
in most constitutions of modern
states in the world.’® The protection of human dignity is therefore considered as a
fundamental human right.
88. The Court further notes that a person's arbitrary denial of his/her right to nationality
is incompatible with the right to human dignity, reason for which international human
instruments, including the Charter, provide that “Everyone shall have the right to have
his legal status recognized everywhere”’® and international law requires States to take
all necessary measures to avoid situations of statelessness.'”
12 Ibid, § 77-78.
13 See UN Convention Relating to the Status of Stateless Persons (1954); and UN Convention on the
Reduction of Statelessness (1961).
‘4 Entered into force on 29 November 1999. Ratified by the United Republic of Tanzania on 16 March
2003.
‘8 See, for example, Article 12(2), Constitution of the United Republic of Tanzania (1977); Article 28
Constitution of Kenya (2010); Article 24, Constitution of the Federal Democratic Republic of Ethiopia (1994);
Article 10, the Constitution of the Republic of South Africa (1996).
18 See Article 5 of the Charter and Article 6 of the UDHR.
17 UN Convention on the Reduction of Statelessness (1961).
23