is also in tandem with Article 4 of the African Children’s Charter that requires that “in all actions concerning the child undertaken by any person or authority the best interests of the child shall be the primary consideration”. 91. As indicated in that case, because by definition, a child is a person below the age of 18 (Article 2 of the African Children’s Charter), any law, policy or practice which entails that children must wait until they turn 18 years of age to apply to acquire a nationality cannot be seen as an adequate effort on the part of the State party to comply with its Charter obligations.37 Although the Committee accepts that there are a variety of legal systems in place in Africa relating to the acquisition of nationality, and acknowledges the discretion of State parties to adopt rules that conform with their traditions and needs, this discretion is at the same time limited by the principles of international human rights law, including the African Children’s Charter. Thus, the Committee believes that States should adopt legal and other measures to ensure that nationality is acquired by a child at birth not only on the basis of descent from a citizen without restrictions (such as limitation of transmission of nationality to one generation only for children born abroad), but also in some circumstances on the basis of birth in the territory of the State. The commitment to reduce the possibility of statelessness is an overarching obligation in the best interests of the child. 92. While the situation of children born in the territory who do not acquire the nationality of another State at birth is considered in Article 6(4), the Committee notes that it can be difficult to prove the risk of statelessness: that is, that a person does not have, or is not going to acquire, another nationality. In addition, it may be unreasonable to expect a child who may have a theoretical right to another nationality to take the steps needed to acquire that nationality. Thus, the Committee encourages States Parties to adopt legal provisions – already in place in many African States – that a child born in the State with one parent (either mother or father) also born in the State acquires the nationality of that State at birth. As already recommended in the Kenyan Nubian Children’s case, the Committee also believes that States should adopt provisions giving children born in their territory the right to acquire nationality after a period of residence that does not require the child to wait until majority before nationality can be confirmed. Additionally, a number of African States provide for a child born in the territory of parents who are lawfully and habitually resident there to acquire nationality at birth, and the Committee regards this as best practice. Further, the Committee encourages African States to facilitate the acquisition of nationality by children who were not born in their territory but who arrived there as children and have been resident there for a substantial portion of their childhood. 93.Although this impacts only on a very small number of children, the Committee suggests that States parties to ensure that their nationality laws provide that children born on a ship or in an aircraft flagged or registered in that State are deemed to have been born in the territory of that State. Nationality and the Principle of non-discrimination 94. In establishing rules relating to nationality, States must also uphold the principle of nondiscrimination set out in Article 3 of the Charter. Specifically, all criteria established by States relating to acquisition of nationality by children must not distinguish on the basis of “the child’s or his/her parents’ or legal guardians’ race, ethnic group, colour, sex, language, religion, political or other opinion, national and social origin, fortune, birth or other status”. Accordingly, the Committee recommends that those African States that have legal provisions that discriminate on any of these grounds should review them and replace them with non-discriminatory provisions. Nationality and the gender of the parent 95. In the context of nationality, the most common ground for discrimination relates to the gender of the parent. Over the past two decades, many African countries have amended their laws to remove discrimination in the rights of men and women to transmit their nationality to a child, and the Committee urges those countries that still retain such provisions to do the same.38 Such reforms should also remove discrimination based on the birth of a child in or out of wedlock (which is usually 102