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 34

Select target paragraph3