Statelessness & Citizenship Review
2020
2(2)
from the filial and social interaction necessary for the maintenance of a healthy
family life. 35
Lastly, ‘the Court further [noted] that the claims made by the applicants as
regarding the alleged violation of their rights to work [under art 15 of the African
Charter were] general in nature’. 36 They did not elaborate on how the respondent
state acted contrary to, or made omissions in relation to, the requirements in the
provision of art 15. These being unsubstantiated claims, the Court consequently
dismissed them. 37
REASONING
In its reasoning, the Court observed that:
one is entitled to a passport of a specific country because he or she is its national or
meets the conditions provided for the issuance of a passport under the applicable
law. 38
A passport is, first and foremost, a travel document required for travel outside one's
country, to return to the said country, and to go to or leave a foreign country. It is a
general principle that a passport is also an identification document in a foreign
country. A passport may also prove nationality, due to the presumption that, when
one carries a passport of a specific state, he or she is a national of that state and it
is incumbent upon the entity claiming otherwise to rebut this presumption. 39
Article 34 of the Rwandan Immigration and Emigration Law provides that
‘[e]very Rwandan is entitled to a travel document’. 40 It is clear from this law that
a passport is one of the forms of travel documents issued by the respondent state. 41
The Court noted further that:
for people such as the Applicants who are living outside of their country, the
passport is their main identification document. For such persons, not having a valid
passport exposes them to challenging situations, such as difficulty in securing
employment, renewing their residence permit, accessing education and health
services in the country they are residing in, and restrictions in travel to their own
country and to other countries. In such circumstances, the revocation of a passport
is not tantamount to a revocation of nationality, rather it impedes the full and
effective enjoyment of their civic and citizenship rights as Rwandan nationals. 42
35
ibid 28 [126]. African Charter (n 3) arts 18(1), (2) provide:
1. The family shall be the natural unit and basis of society. It shall be protected by the
State which shall take care of its physical health and moral.
2.
36
37
38
39
40
41
42
The State shall have the duty to assist the family which is the custodian or morals and
traditional values recognized by the community.
Kennedy (n 1) 29 [132]. African Charter (n 3) art 15 provides that: ‘Every individual shall
have the right to work under equitable and satisfactory conditions, and shall receive equal pay
for equal work’.
Kennedy 29 [132].
ibid 22 [94].
ibid 22 [95].
Law No 04/2011 (n 16) art 34.
Kennedy (n 1) 22–23 [96].
ibid 23 [97] (emphasis added).
336