16 According to the Complainants, a person needs to have a national identity number
in order to apply for a university education. By the time Ms. lman was trying to
register for her university education she only had a birth certificate, which is not
sufficient as she is also required to have a national identity number which she could
get only through presentation of a nationality certificate. When Ms. lman submitted
her application for a nationality certificate, it is submitted that the Civil Registration
Department directed her to the Alien Persons Department to register her name,
indicating that she has lost her Sudanese nationality since her father would have
become South Sudanese upon the separation of Sudan and South Sudan. This in
turn, according to the Complainants, resulted in Ms. lman's loss of Sudanese
nationality by application of Section 10 (3) of the Nationality Act (Amendment) 2011.
The Complainants therefore submitted that apart from not being able to attend her
university education such automatic loss of nationality left Ms. lman Hassan
Benjamin to be stateless.
17 In view of the above, the Complainants submitted that the Republic of Sudan has
violated provisions of the African Children's Charter, specifically article 3 (The right
not to be discriminated); article 4 (The protection of the best interest of the Child);
article 6 (3) the right to acquire a nationality) and article 6 (4) the obligation to
prevent statelessness recognised under the African Charter on the Rights and
Welfare of the Child. Moreover, the Complainants also argued that the acts of the
Respondent State consequentially violated the protections under the African
Charter on Human and Peoples' Rights particularly, 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)).
The Committee's analysis on the allegations
23. After deliberation on the facts in the communications, the Committee bases its
Decision on the following issues:
i.
ii.
Whether the Respondent State violated its obligations under the African
Children's Charter as it relates to Article 3 on non-discrimination;
Whether the Respondent State violated the right to acquire a nationality
and prevention of statelessness as protected under article 6 (3) and article
6 (4) of the African Children's Charter;
5