82.
The Committee notes the practice that details recorded in the birth registry
may be more extensive than those provided on the certificate issued to parents and
their children. In particular, details that may be prejudicial to the child or lead to
stigmatization or discrimination may need to be omitted.
5.3
Right to acquire a nationality: Art 6 (3) and the obligation to prevent
statelessness: Art 6 (4)
83.
The right to a nationality has a central importance for the recognition and
respect for other rights: thus the prevention of statelessness, including the
statelessness of children, is a fundamental principle of international human rights
law. The Committee of Experts has held that, “One of the main purposes of Article
6, in particular Article 6(4), of the African Children‟s Charter, is to prevent and/or
reduce statelessness.” A person who is stateless is a person who is “not considered
as a national by any State under the operation of its law”: this definition, found in
Article 1(1) of the 1954 Convention relating to the Status of Stateless Persons, has
been recognised by the Committee of Experts to constitute part of customary
international law.32
84. Even if the vast majority of human rights are not formally restricted on the basis
of nationality, the lack of a recognised nationality in practice has a profoundly
negative impact on respect for and fulfillment of other human rights. The effective
proof of nationality (usually through documentation issued by the State) is a
necessary foundation not only for the exercise of rights of civic and political
participation, but also freedom of movement, participation in the formal economy,
and the entitlement to mobilize the protection of the State of nationality when the
enjoyment of human rights is endangered or threatened. The Committee of Experts
notes that, although the African Charter on Human and Peoples‟ Rights does not
specifically include a provision on the right to a nationality, the African Commission
on Human and Peoples‟ Rights has considered issues touching on the right to a
nationality in a large number of communications, underlining the challenges related
32
Kenyan Nubian Children’s case( note 8 above), paragraph 44.
30