to nationality in Africa.33 Highlighting its findings in these cases, the African Commission on Human and Peoples‟ Rights adopted a resolution on the right to a nationality in April 2013 stating that: “[…] the right to nationality of every human person is a fundamental human right implied within the provisions of Article 5 of the African Charter on Human and Peoples‟ Rights and essential to the enjoyment of other fundamental rights and freedoms under the Charter.” 34 85. While the right to a nationality becomes of greater significance as a person approaches and reaches adulthood, it is critical for the right to a nationality to be recognised for children. This is both because the clear recognition of nationality from the moment of birth is the best guarantee that nationality of the adult will also be recognised; and also because children may have their other rights restricted if they are not regarded as nationals, in particular in relation to their access to education, health care and other social services. 86. It is thus not a coincidence that the first case in which the Committee has ruled on interpretation of the African Children‟s Charter related to the statelessness of children. In the Kenyan Nubian Children‟s case), the Committee stated that it : [...] cannot overemphasise the overall negative impact of statelessness on children. While it is always no fault of their own, stateless children often inherit an uncertain future. For instance, they might fail to benefit from protections and constitutional rights granted by the State. These include difficulty to travel freely, difficulty in accessing justice procedures when necessary, as well as the challenge of finding oneself in a legal limbo vulnerable to expulsion from their home country. Statelessness is particularly devastating to children in the realisation of their socio-economic rights such as access to health care, and access to education. In sum, being stateless as a child is generally an antithesis to the best interests of children. 35 33 These cases include: Communication No.97/93, Modise v. Botswana; Communication No. 212/98, Amnesty International v. Zambia; Communication No.159/96, Union Interafricaine des Droits de l’Homme and Others v. Angola; Communications Nos. 27/89, 49/91 and 99/93, Organisation Mondiale Contre la Torture and Others v. Rwanda; Communication No.71/92, Rencontre Africain pour la Défense des Droits de l’Homme v. Zambia; Communication 211/98, Legal Resources Foundation v. Zambia; Communication 292/2004, Institute for Human Rights and Development in Africa v. Angola; Communication No. 249/02, Institute for Human Rights and Development in Africa (on behalf of Sierra Leonean refugees in Guinea) v. Republic of Guinea; and Communication No. 246/02, Mouvement ivoirien des droits humains (MIDH) v. Côte d'Ivoire. 34 rd African Commission on Human and Peoples’ Rights, Resolution 234 on the Right to Nationality, 53 Ordinary Session, 9- 23 April 2013, Banjul, The Gambia. 35 Kenyan Nubian Children’s case, paragraph 46. 31

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