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) 1 7

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