2019 Statelessness & Citizenship Review 1(1) nationality 44 to state that the conditions to be fulfilled are: (i) a clear legal basis, (ii) a legitimate purpose conforming with international law, (iii) proportionality to the interest protected, and (iv) procedural guarantees allowing the person concerned to defend him or herself before an independent body. 45 In considering whether these conditions had been fulfilled, the African Court held that: since the Respondent State is contesting the Applicant’s nationality held since his birth on the basis of legal documents established by the Respondent State itself, the burden is on the Respondent State to prove the contrary. 46 It also endorsed the concept of a DNA test to prove the applicant’s paternity. 47 The African Court noted that the dual expulsion by both Tanzania and Kenya meant that Anudo was rendered stateless, and pointed out that the Tanzanian state ‘could have satisfied itself that, if the Applicant is not Tanzanian, he is Kenyan’. 48 However, the question as to whether or not Anudo was made stateless was not foundational to the African Court’s reasons for finding Tanzania in breach of its obligations, which were rather based on respect for due process more generally. 49 The provisions excluding court review meant that the laws themselves, and not just the decision based upon them, were in violation of Tanzania’s obligations. 50 VI CONCLUSION Although the ACHPR does not mention the right to a nationality, the African Commission has accumulated significant jurisprudence. The number of cases brought to the African Commission reflects the fact that contested rights to belong to the national community have been at the basis of many of the most intractable political and military conflicts in the continent. 51 Many of the African Commission’s decisions have involved high profile individuals, often opposition politicians whose nationality is questioned by an incumbent government, most 44 45 46 47 48 49 50 51 Human Rights Council, Human Rights and Arbitrary Deprivation of Nationality: Report of the Secretary-General, UN GAOR, 25th sess, Agenda Items 2 and 3, UN Doc A/HRC/25/28 (19 December 2013). Anudo case (n 1) 18 [79]. ibid 18 [80]. ibid 19 [86]. ibid 22 [102]–[103]. ibid 23 [105]. ibid 24 [113], 25 [116]. There is a large body of literature on this point. See, eg, Peter Geschiere and Stephen Jackson, ‘Autochthony and the Crisis of Citizenship: Democratization, Decentralization, and the Politics of Belonging’ (2006) 49(2) African Studies Review 1; Sara Dorman, Daniel Hammett and Paul Nugent (eds), Making Nations, Creating Strangers: States and Citizenship in Africa (Brill 2007); Morten Bøås and Kevin Dunn, Politics of Origin in Africa: Autochthony, Citizenship and Conflict (Zed Books 2013); Edmond J Keller, Identity, Citizenship, and Political Conflict in Africa (Indiana University Press 2014). 174