2020 Statelessness & Citizenship Review 2(1) had arbitrarily deprived the applicant of his nationality and curtailed his rights of liberty and freedom of movement. Tanzania was among the few African states that have made a declaration provided for under art 34(6) of the Protocol to the African Charter on Human and Peoples’ Rights, which establishes the African Court’s competence to directly receive petitions from individuals. 4 The government has, however, since withdrawn this declaration. 5 The African Court has jurisdiction to interpret any human rights obligations binding on the state, 6 and in Penessis thus draws on the African Charter on Human and Peoples’ Rights (‘African Charter’), 7 the International Covenant on Civil and Political Rights, 8 and the Universal Declaration of Human Rights (‘UDHR’). 9 The African Court affirmed that the UDHR is part of customary international law, in particular art 15 on the right to a nationality. 10 The judgment cements the holding that where a person has been issued documents recognising nationality, the burden of proof is incumbent upon the State to prove that he was not a national. 11 Finally, adding to the findings in Anudo, the African Court drew on African Commission jurisprudence to confirm that the protection of ‘legal status’ in art 5 of the African Charter includes the right to a nationality. FACTS The applicant in the case, Robert John Penessis, was arrested by the Tanzanian immigration authorities on 8 January 2010, on the grounds of alleged illegal entry and presence in Tanzania. 12 On 17 January 2011 he was charged, convicted and sentenced by the Kagera Magistrates’ Court to a fine of 80,000 Tanzanian shillings or, if in default, two years’ imprisonment and ten cane strokes. 13 The applicant appealed to the High Court at Bukoba, which on 6 June 2011 upheld the conviction but set aside the corporal punishment sentence. 14 The High Court sentenced him to an additional six months in prison for contempt of court (for tearing a temporary 4 5 6 7 8 9 10 11 12 13 14 Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights, opened for signature on 10 June 1998, OAU Doc OAU/LEG/EXP/AFCHPR/PROT(III) (entered into force 25 January 2004) art 34(6). (‘African Court Protocol’). As of January 2020 states that had made the declaration were Benin, Burkina Faso, Ivory Coast, Gambia, Ghana, Malawi, Mali, Tanzania and Tunisia. It was reported on 5 December 2019 that the Government of the United Republic of Tanzania has withdrawn the right of individuals and non-governmental organisations to institute cases against it directly before the African Court on Human and Peoples Rights: ‘Tanzania: Withdrawal of individual rights to African Court will deepen repression’, Amnesty International, (News Article, 2 December 2019) <https://www.amnesty.org/en/latest/news/2019/12/tanzania-withdrawal-of-individualrights-to-african-court-will-deepen-repression/>. African Court Protocol (n 4) art 3. African Charter on Human and Peoples’ Rights, opened for signature 27 June 1981, 1520 UNTS 217 (entered into force on 21 October 1986). International Covenant on Civil and Political Rights, opened for signature 19 December 1966, 999 UNTS 171 (entered into force 23 March 1976). Universal Declaration of Human Rights, GA Res 217A (III), UN GAOR, UN Doc A/810 (10 December 1948). Penessis (n 1) 22 [85]. ibid (n 1) 24 [91]–[92]; Anudo (n 2) 18 [80]. Penessis (n 1) 2–3 [4]. ibid. ibid 3 [5]. 173