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legitimate interests both of States and of individuals must be taken into
account;
TAKING NOTE of the decisions and resolutions of the African Commission
on Human and Peoples’ Rights and of the African Committee of Experts on
the Rights and Welfare of the Child recognizing and protecting the right to a
nationality and condemning arbitrary deprivation of nationality;
CONSIDERING that the prevention and eradication of statelessness can
contribute to the collective effort of nation-building and the strengthening of
peace and security on the continent;
AFFIRMING that statelessness is contrary to respect for the right to human
dignity and to legal status enshrined in Article 5 of the African Charter on
Human and Peoples’ Rights;
MINDFUL ALSO of the deep interest of African States to regulate the status
of stateless persons so that they may enjoy their fundamental rights and
freedoms, in accordance with their national law and the relevant legal
instruments of the United Nations and the African Union;
EMPHASISING the importance of effective civil registration systems for the
eradication of statelessness, and the particular need to facilitate the
registration of border communities and nomadic populations, where
applicable;
CONSCIOUS that the history of the African continent, especially the initial
establishment of borders by colonial powers, has given particular
characteristics to questions of nationality and statelessness in our States that
are not sufficiently taken into account by the existing African and international
instruments;
RESOLVED to eradicate statelessness in Africa by taking effective steps to
ensure that everyone has the right to a nationality, including through the
adoption of voluntary agreements to settle questions relating to nationality, the
harmonisation of nationality laws, access of all to civil registration, and the
prohibition of arbitrary deprivation or denial of nationality:
HAVE AGREED AS FOLLOWS:
ARTICLE 1
Definitions
For the purpose of this Protocol:
“Acquisition of nationality” means the grant of nationality following an
application made by a person, or his or her representative, to the competent
authorities of a State, in conformity with national law;
“African Charter” means the African Charter on Human and Peoples’ Rights;