CITIZENSHIP AND STATELESSNESS IN THE HORN OF AFRICA \Y [S]ince the Respondent State is contesting the Applicant's nationality held since his birth on the basis of legal documents established by the Respondent State itself, the burden is on the Respondent state to prove the contrary.?7? In relation to provisions in the Citizenship Act excluding court review, it decided that: The Court notes further that the Tanzanian Citizenship Act contains gaps in as much as it does not allow citizens by birth to exercise judicial remedy where their nationality is challenged as required by international law. It is the opinion of the Court that the Respondent State has the obligation to fill the said gaps.?"4 The Court equally condemned similar provisions “order[ed] the Respondent State to amend in the Immigration Act. Accordingly, the Court: its legislation to provide individuals with judicial remedies in the event of dispute over their citizenship.”5'° In 2019, the Court issued a judgment in another case against Tanzania, brought on behalf of Robert John Penessis, who had been sentenced to two years’ imprisonment for “illegal presence” in Tanzania, although he claimed to be Tanzanian and held a Tanzanian passport. The Court confirmed the findings of the Anudo case that the right to nationality established by the Universal Declaration of Human Rights has acquired the status of a rule of customary international law, and that since the right to nationality is a fundamental aspect of the dignity of the human of the Charter necessarily encompasses person, the expression “legal status” under Article 5 the right to nationality. It also confirmed that, once a prima facie case is shown that a person is a national (through possession of identity documents issued by the State), the burden shifts to the State to prove otherwise.3'6 Birth registration and legal identity The importance of birth registration to the right to a nationality is reflected in the fact that birth registration is included within the same articles as the right to a nationality in the treaties listed above.*'” General Comments interpreting the treaties also emphasise the importance of birth registration for the rights of children.$'8 The Convention on the Rights of the Child adds the additional obligation for states to protect the right of a child to “preserve his or her identity, including nationality, name and family relations”, and to provide 313 Anudo Ochieng Anudo v. United Republic of Tanzania, App. No. 012/2015, African Court of Human and Peoples’ Rights, Judgment of 22 March 2018, para. 80. For commentary, see Bronwen Manby, ‘Case Note: Anudo Ochieng Anudo v Tanzania (Judgment) (African Court on Human and Peoples’ Rights, App No 012/2015, 22 March 2018)’, Statelessness and Citizenship Review 1, no. 1 (2019): 170-76. 314 Ibid., paras. 115 and 116. 34 tbid., para. 132 (viii). 316 Robert John Penessis v. United Republic of Tanzania, App. No. 013/2015, African Court on Human and Peoples’ Rights, Judgment of 28 November 2019. For commentary, see Bronwen Manby and Clement Bernardo Mubanga, ‘Case Note: Robert John Penessis v United Republic of Tanzania (Judgement) (African Court on Human and Peoples’ Rights, App No.013/2015, 28 November 2019)’, Statelessness and Citizenship Review 2, no. 1 (2020): 172-78. 317 Convention on the Rights of the Child, art. 7; International Covenant on Civil and Political Rights, art. 24; Convention on the Rights of Migrant Workers and Members of their Families, art. 29; Convention on the Rights of Persons with Disabilities, art. 18. 318 For example: Joint General Comment CMW No. 4 & CRC No.23 (2017): Obligations regarding the human rights of children in the context of international migration in countries of origin, transit, destination and return; General Comment No. 21 (2017): Children in street situations; General Comment No. 7 (2005): implementing child rights in early childhood. 70 UNHCR — December 2021