AHMR African Human Mobilty Review - Volume 8 No 3, SEP-DEC 2022
states parties to maintain laws that limit women’s rights to pass their nationality to
their children.
In terms of future legal developments, discussion continues on a Draft
Protocol to the African Charter on Human and Peoples’ Rights on the Specific
Aspects of the Right to a Nationality and the Eradication of Statelessness in Africa
(AU Draft Protocol on Nationality).126 It was prepared by the African Commission
on Human and Peoples’ Rights (ACHPR) following the adoption of two resolutions
— Resolution 234 on the Right to Nationality127 and Resolution 277 on the Drafting
of a Protocol on the Right to Nationality in Africa.128 The Preamble to Resolution 234
provides that the African Commission notes, among other things, the provisions of
articles 2 and 6(h) and 6(g) of the Maputo Protocol that establish the equal right of
men and women to acquire their partner’s nationality, and article 15 of the Universal
Declaration of Human Rights (UDHR) which provides that everyone has the right
to a nationality. Concern is expressed at ‘the arbitrary denial or deprivation of the
nationality of persons or groups of persons by African states’, especially as a result of
discrimination on various grounds, including sex.129 States are encouraged to adopt
constitutional and other legislative provisions to prevent and reduce statelessness, in
line with fundamental principles of international law. The Preamble to Resolution
277 stresses ‘the need to take new decisive steps towards identifying, preventing and
reducing statelessness and protecting the right to nationality’, including through
the preparation of a Protocol to the African Charter on Human and Peoples’ Rights
on the Right to Nationality in Africa.130 This latter task was assigned to the Special
Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons and Migrants
in Africa,131 and the mandate holder has continued to raise the issue of statelessness
in different meetings and conferences.
(b) The AU Draft Protocol on Nationality
This growing focus on statelessness issues in Africa culminated in the AU Draft
Protocol on Nationality, formally submitted to the Commission for the African
Union in May 2017. It aims to ‘facilitate the inclusion of individuals within African
states, by providing legal solutions for the resolution of the practical problems linked
to the recognition and exercise of the right to a nationality, to eradicate statelessness
…’132 Among other provisions, in its Preamble, the AU Draft Protocol on Nationality
ACHPR ‘Draft Protocol to the African Charter on Human and Peoples’ Rights on the Specific Aspects on the Right to
a Nationality and the Eradication of Statelessness in Africa’ (2015), available at https://www.achpr.org/public/Document/
file/English/draft_citizenship_protocol_en_sept2015_achpr.pdf, accessed on 12 May 2022.
127
ACHPR ‘Resolution 234 on the Right to Nationality’ ACHPR/Res.234 (LIII) 2013.
128
ACHPR ‘Resolution 277 on the Drafting of a Protocol to the African Charter on Human and Peoples’ Rights on the
Right to Nationality in Africa’ ACHPR/Res.277 (LV) 2014.
129
ACHPR ‘Resolution 234’ op cit note 127 at 130.
130
ACHPR ‘Resolution 277’ op cit note 128 at 131.
131
Ibid.
132
African Union (AU) ‘Draft Protocol, Explanatory Memorandum’ (2018) at para 1, available at https://au.int/sites/
default/files/newsevents/workingdocuments/35139-wd-pa22527_e_originalexplanatory_memorandum.pdf, accessed
on 12 May 2022.
133
ACHPR ‘Draft Protocol’ op cit note 126 at preamble.
126
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