Case Note The African Court confirmed longstanding African Commission jurisprudence that the existence of a legislative ‘ouster clause’ excluding court review meant that domestic remedies were by definition exhausted once any administrative review was complete. 33 B Merits The African Court held that: (i) the deprivation of the applicant’s nationality was arbitrary under art 15 of the UDHR; 34 (ii) his expulsion was therefore also arbitrary, and in violation of art 12 of the ACHPR and art 13 of the ICCPR; 35 and (iii) the applicant’s right to due process protections had been violated, including the right to be heard before an impartial tribunal, under art 7 of the ACHPR and art 14 of the ICCPR. 36 The African Court ordered Tanzania to amend its legislation to provide individuals with judicial remedies in the event of a dispute over citizenship, and to take all necessary steps to restore the applicant’s rights, including readmission to the country. 37 The African Court reserved its ruling on other alleged violations, in order to consider them in a separate hearing to determine appropriate reparations, on the grounds that they were consequent on these primary violations. 38 V REASONING OR ANALYSIS The African Court noted that there is no general provision on nationality in the ICCPR or ACHPR; 39 however, it filled this gap by drawing on art 15(2) of the UDHR, which states that ‘[n]o one shall be arbitrarily deprived of his nationality’. 40 In doing so, the African Court asserted (without discussion) that the UDHR is part of customary international law, noting also a reference to the UDHR in art 9(f) of the Constitution of Tanzania. 41 Thus, while the African Court affirmed that the conferral of nationality is the sovereign right of states, it stated that international law permits loss of nationality only in ‘very exceptional situations’. 42 In addition to affirming a general obligation to avoid the risk of statelessness, 43 the African Court drew on the 2013 report of the UN Secretary-General on human rights and arbitrary deprivation of 33 34 35 36 37 38 39 40 41 42 43 Bronwen Manby, ‘Civil and Political Rights in the African Charter on Human and Peoples’ Rights: Articles 1–7’ in Malcolm Evans and Rachel Murray (eds), The African Charter on Human and Peoples’ Rights: The System in Practice 1986–2006 (Cambridge University Press, 2nd ed, 2008) 171. Anudo case (n 1) 20 [88]. ibid 21 [96]–[97], 23 [106]. ibid 24–25 [110]–[115]. ibid 28–29 [132]. ibid. ibid 17 [76]. UDHR (n 7) art 15(2), quoted in Anudo case (n 1) 17 [76]. Anudo case (n 1) 17 [76], citing Constitution of Tanzania (Tanzania) art 9(f). Anudo case (n 1) 18 [79]. ibid 17 [78]. 173