Part I. Introduction and Context
further explanation to the guarantees in this Article has been considered “the most
comprehensive interpretation to date of a state’s obligations under international law in
relation to the grant of nationality to children born in that state”.252
Together, the ACHPR and the ACRWC show that there are certainly substantive
provisions and interpretations thereof that contribute to preventing and solving
statelessness: in the context of children, with provisions on non-discrimination, but
also by giving effect to the human right to a nationality and taking a strong stance on
arbitrary deprivation of nationality and childhood statelessness. Efforts are furthermore
being made within the AU to adopt a 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. An expert meeting took place to discuss a draft of this
Protocol 7–11 May 2018.253 The available draft contains not only some general principles
on nationality and statelessness, but also specific provisions on non-discrimination,
attribution of nationality at birth, acquisition, loss deprivation, renunciation and
recovery of nationality, habitual residence, marriage, nomadic and cross-border
populations, children’s rights, multiple nationality, evidence and documentation of
nationality, state succession, and the protection of stateless people.254
Some legal instruments from other regions of the world also consider the right to
a nationality, prevention of arbitrary deprivation of nationality, and the prevention
of and solutions to childhood statelessness. The League of Arab States (LAS) has
adopted the Arab Charter on Human Rights (ArCHR)255, which contains provisions
on the right to a nationality in Article 29. In the context of the Organisation of Islamic
Cooperation (OIC) a legal document specifically addressing the rights of children was
agreed upon: the Covenant on the Rights of the Child in Islam (CRCI).256 Article 7
of this Covenant concerns ‘identity’ and includes reference to the importance of
birth registration and obliges states parties to safeguard the elements of the child’s
identity, including nationality. Also, states are to make every effort to resolve the
issue of statelessness for any child born in their territories or to any of their citizens
outside their territory.257 In Asia, cooperation within the Association of Southeast
252
253
254
255
256
257
46
Bronwen Manby, Citizenship and Statelessness in Africa: The Law and Politics of Belonging (Wolf Legal
Publishers 2015) 52.
‘Member States Experts Meeting on the 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’ (African Union, 7–11 May 2018) <https://au.int/en/newsevents/20180507/member-statesexperts-meeting-draft-protocol-african-charter-human-and-peoples> accessed 5 September 2021.
The draft text of the Protocol to the ACHPR on the Specific Aspects of the Right to a Nationality
and the Eradication of Statelessness in Africa can be found here: <https://www.achpr.org/public/
Document/fi le/English/draft _citizenship_protocol_en_may2017.pdf> accessed 5 September 2021.
Arab Charter on Human Rights (adopted 22 May 2004, entered into force 15 March 2008) reprinted in
(2005) 12 Int’l Hum Rts Rep 893 (ArCHR). Note that this is the updated and amended version of the
ArCHR, which was originally issued in 1994.
Covenant on the Rights of the Child in Islam (adopted June 2005) OIC/9-IGGE/HRI/2004/Rep.Final
(CRCI). The Covenant has not yet been ratified by a sufficient number of states to enter into force and
is therefore of limited relevance.
Art 7(2) CRCI.
Intersentia
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