2020 Statelessness & Citizenship Review 2(2) to a nationality is implied within the concept of ‘legal status’ in art 5 of the African Charter on Human and Peoples’ Rights (‘African Charter’). 3 Specifically, in 2018 the AfCHPR dealt with the case of Anudo Ochieng Anudo v United Republic of Tanzania (‘Anudo’) 4 where it held that the revocation of Anudo Ochieng Anudo’s Tanzanian citizenship amounted to a violation of his right not to be arbitrarily deprived of a nationality under art 15(2) of the UDHR. 5 The Anudo judgment was followed by Robert John Penessis v United Republic of Tanzania (‘Penessis’) in 2019, where the AfCHPR ruled that the respondent state had ‘violated the applicant’s right to Tanzanian nationality as guaranteed by Article 5 of the [African Charter] and Article 15(2) of the UDHR’. 6 In the Penessis case, the applicant had been arrested on the grounds of alleged ‘illegal entry and presence in Tanzania’. 7 In both the Anudo and Penessis cases, the Court established that it may be impossible for an ordinary resident to prove citizenship; the burden of proof rests on the applicant and is difficult to meet should the state question the claim. 8 It also established the important principle that the key issue in these matters is the entitlement to citizenship, rather than the possession of the correct supporting documents. Kennedy reiterates the decisions in Anudo and Penessis; that the burden of proof regarding citizenship lies primarily with the respondent state, particularly because they have the resource pool prove citizenship where it exists. FACTS The seven applicants in Kennedy were all of Rwandese origin and were residing in South Africa at the time of filing the application. 9 They approached the Court upon realisation that their passports were unilaterally and without notice declared invalid by the government of Rwanda. 10 The invalidation of their passports came to light after one of the applicants was informed, on applying for a visa to the United States of America, that their name appeared on a list prepared by the Rwandan government indicating invalidity of their passport and others. 11 The applicants also put forward that none of the people whose passports were declared invalid were given an opportunity to appeal or defend the decision, especially 3 4 5 6 7 8 9 10 11 ibid; Robert John Penessis v United Republic of Tanzania (Judgment) (African Court on Human and Peoples' Rights, App No 013/2015, 28 November 2019) (‘Pennessis’); Anudo Ochieng Anudo v Tanzania (Judgment) (African Court on Human and Peoples’ Rights, App No 012/2015, 22 March 2018) (‘Anudo’); Universal Declaration of Human Rights, GA Res 217A (III), UN GAOR, UN Doc A/810 (10 December 1948) (‘UDHR’); African Charter on Human and Peoples’ Rights, opened for signature 27 June 1981, 1520 UNTS 217 (entered into force 21 October 1986) (‘African Charter’). In 2012, Anudo approached the police to resolve his documentation in preparation for his wedding. The police refused to return his passport, saying there were ‘suspicions’ about his citizenship. The confiscation of his passport ultimately led to an official declaration that he was not a Tanzanian, and then to his deportation to Kenya. But the authorities in Kenya did not recognise him as a citizen either, and he was soon expelled back to Tanzania: Anudo (n 3). ‘No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality’: UDHR (n 3) art 15(2); Anudo (n 3) 20 [88]. Penessis (n 3) 41 [168](v). ibid 2 [1], 2–3 [4]. Anudo (n 3) 18 [80]; Penessis (n 3) 24–26 [90]–[96]. Kennedy (n 1) 2 [1]. ibid 2 [3]–[4]. ibid. 332