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

Sélectionner le paragraphe cible3