The Impact of Climate Change on Statelessness in the Southern African Region measures that safeguard and prevent statelessness at birth and later in life. This Convention is therefore complementary to standards contained in other international and regional human rights treaties. Using the African Committee of Experts on the Rights and Welfare of the Child (the African Children’s Committee) decision in the case of Institute for Human Rights and Development and Open Society Justice Initiative (on Behalf of Children of Nubian Descent in Kenya v the Government of Kenya (The Nubian Children case),31 the case has raised an important issue of the need to protect the right to nationality in Africa. In the Nubian Children case, an application was brought as an actio popularis on behalf of Nubians in Kenya who, despite having lived in the country for more than a century, were denied Kenyan nationality. The applicants argued that such denial of the Nubian children their right to nationality amounted to the violation of the provisions of the African Charter on the Rights and Welfare of the Child of 1990 (ACRWC), specifically the rights of Nubian children to non-discrimination, nationality, and protection against statelessness, as well as other socio-economic rights like their rights to healthcare and education.32 The African Children’s Committee emphasised taking cognisance of nationality and statelessness issues. It pointed out that there are negative effects of denying undocumented children’s rights, and of children being vulnerable to unlawful arrests and deportation from their home country.33 Additionally, the African Children’s Committee noted the impact of the denial of nationality to the Nubian children on the realisation of socio-economic rights, such as access to healthcare and education, and ordered the Kenyan government to report on the implementation measures taken within a period of six months from the date of notification to comply with the African Children’s Committee’s decision.34 The Nubian Children case underscores the need for states’ obligation to promote the right to nationality and prevent statelessness to be honoured. Despite constitutional guarantees, the fulfilment of basic human needs and giving effect to the fundamental rights of stateless persons face extreme challenges in the Southern African region. This is largely due to the failure to realize even the socio-economic needs of a majority of citizens.35 Therefore, stateless persons are not likely to benefit from the realization of their basic rights accorded to them under international and regional human rights laws. However, the Supreme Court of Appeal of South Africa (SCA), while referring to the fundamental human rights in the case of Watchenuka v Minister of Home Affairs,36 has reminded us that human dignity has no nationality because it is inherent in all human beings. This includes all stateless persons, 1954 Convention Relating to the Status of Stateless Persons, Arts 17, 18, 21, 22, 23, and 24. Institute for Human Rights and Development and Open Society Justice Initiative (on Behalf of Children of Nubian Descent in Kenya v the Government of Kenya (The Nubian Children case) Decision No 002/Com/002/2009. 33 The 1990 African Charter on the Rights and Welfare of the Child, Arts 2, 4, and 6. 34 Nubian Children op cit note 31 para 46. 35 Nubian Children op cit note 31 para 69. 36 International Labour Organization (ILO) ‘Inequality in Southern Africa: Options for redress’ (2013) ILO Policy Brief at 2, available at https://www.ilo.org/actrav/WCMS_230181/lang--en/index.htm, accessed on 10 October 2022. See also Ebenezer Durojaye & Gladys Mirugi-Mukundi ‘General introduction to poverty and human rights in Africa’ in Ebenezer Durojaye & Gladys Mirugi-Mukundi (eds) Exploring the Link between Poverty and Human Rights in Africa (2020) at 2. 31 32 99