of attribution of nationality; accordingly, the Articles list, i) habitual residence, ii)
appropriate legal connection with one of the constituent units of the predecessor
State, or iii) birth in the territory. In cases of absence of any of these criteria, the
ILC further introduced a saving criterion of 'any other appropriate connection'.
65.The Committee notes that in cases where state succession happens, there is no
way persons who had the nationality of the predecessor state should suddenly
be left without any nationality. It is also the Committee's position that the process
of acquisition of nationality in cases of state succession has to comply with
human rights obligations including the prevention of statelessness.
66.1n the current communication, the Authors claim that the Respondent State has
violated article 6(3) & (4) of the African Children's Charter. They indicated that
the Respondent State's legislation is not in line with the above stated provisions
of the Charter due to the fact that the Republic of the Sudan has not introduced
an implementing guidelines to the 1994 Nationality Act which left Sudanese
authorities with the discretion to determine whether or not to withdraw Sudanese
nationality without procedural safeguards that ensure an individual has acquired
South Sudanese nationality. The Complainants submitted that the Government
has just relied on the definition of South Sudanese nationals under the
Referendum Act to argue that a person has acquired South Sudanese
nationality.
67.According to the Complainants, the challenges that Ms lman Benjamin has
faced can clearly demonstrate the above alleged violations. It is submitted that
Sudanese nationality of Ms. lman Hassan Benjamin's has been revoked on the
ground that the Sudanese nationality of her father has been revoked because of
his entitlement to South Sudanese nationality. This indicates, according to the
Complainants, that the Respondent State failed to prevent Ms lman Benjamin
from being statelessness by depriving her Sudanese nationality given the fact
that she did not obtain South Sudanese or any other states' nationality.
68. Moreover, the Complainants submitted that the internal administrative
procedures of Sudan failed in ensuring that Ms lman obtains a nationaiiD.,
69.Replying to the Complainants allegation, the Respondent State submitted that
the allegations are groundless. It is the view of the Respondent State that the
1994 Nationality Act together with the Interim Sudanese Constitution is very
clear in determining to whom Sudanese nationality should be granted or
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