8. Annexes
8.1. Extract from General Comment on Article 6 of the ACRWC
African Charter on the Rights and Welfare of the Child, Article 6: Name and Nationality
1. Every child shall have the right from his birth no a name.
2. Every child shall be registered immediately after birth.
3. Every child has the right to acquire a nationality.
4. States Parties to the present Charter shall undertake to ensure that their Constitutional
legislation recognize the principles according to which a child shall acquire the nationality of
the State in the territory of which he has been born if, at the time of the child’s birth, he is not
granted nationality by any other State in accordance with its laws.
General Comment on Article 6 of the African Charter on the Rights and Welfare of the Child,
ACERWC/GC/02 (2014), adopted by the Committee at its twenty-third Ordinary Session, 7 - 16 April,
2014.
Full text, including footnotes, available at : http://acerwc.org/the-committees-work/generalcomments/
[…]
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.
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
fulfilment 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 to nationality in
Africa. 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.”
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
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