234: Resolution on the Right to Nationality
Publisher
African Commission on Human and Peoples' Rights
Publication
23 April 2013
Date
Other
Languages / French
Attachments
African Commission on Human and Peoples' Rights, 234: Resolution on the
Right to Nationality, 23 April 2013, available at:
Cite as
https://www.refworld.org/docid/51adbcd24.html [accessed 15 September
2023]
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The African Commission on Human and Peoples' Rights, meeting at its 53rd Ordinary
Session held from 9 to 23 April 2013 in Banjul, The Gambia;
Recalling the provisions of Article 45(1) (b) of the African Charter on Human and Peoples'
Rights which provides that the Commission shall " formulate and lay down, principles and
rules aimed at solving legal problems relating to human and peoples' rights and fundamental
freedoms upon which African governments may base their legislation";
Recalling Article 6 of the African Charter on the Rights and Welfare of the Child which
provides that every child shall have the right from birth to a name, to be registered
immediately after birth and to acquire a nationality, and that State Parties to the 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";
Noting that the provisions of Article 2 of the African Charter and Article 6 (g) and (h) of the
Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in
Africa establish the equal right of men and women to acquire their partner's nationality;
Further recalling Article 15 of the Universal Declaration of Human Rights which stipulates
that everyone has the right to a nationality and that no one shall be arbitrarily deprived of his
nationality nor denied the right to change his nationality;
Noting the provisions of other international human rights treaties relating to nationality,
including Article 5 (d)(iii) of the International Convention on the Elimination of All Forms of
Racial Discrimination, Article 24(3) of the International Covenant on Civil and Political