Chapter 1. Introduction issues of nationality and statelessness.240 Moreover, in March 2018 for instance, the African Court on Human and Peoples’ Rights (ACtHPR) decided that Tanzania had arbitrarily deprived the applicant of his nationality, which constituted a violation of Article 15(2) of the UDHR.241 When considering the different cases under the ACHPR, it appears that a number of rights are relevant to nationality and statelessness, such as the principle of non-discrimination242, the right to equal treatment before the law243, the right to respect of the dignity inherent in a human being and to the recognition of his legal status244 and certain rights relating to freedom of movement and nonnationals and expulsion.245 Specific to women, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa includes some strong language on non-discrimination.246 Yet, it is meager as regards the nationality rights of women.247 In the African context, a specific instrument on the rights of children has been enacted too: the African Charter on the Rights and Welfare of the Child (ACRWC).248 In particular, its Article 6 contains the right of every child to be registered immediately after birth and the right to acquire a nationality. Furthermore, states parties to the ACRWC should ensure that their constitutional legislation recognizes the principles according to which a child shall acquire the nationality of the state in the territory of which he has been born if, at the time of the child’s birth, he is not granted nationality by any other state in accordance with its laws.249 The fulfi lment of children’s rights in Africa under this instrument is monitored by the African Committee of Experts on the Rights and Welfare of the Child (ACERWC). This body has adopted a General Comment on the aforementioned Article 6 of the ACRWC250 and has, for instance, issued a decision in which nationality and stateless play a (significant) role, and which held that “being stateless as a child is generally antithesis to the best interests of children”.251 The ACERWC’s General Comment on Article 6 of the ACRWC provides 240 241 242 243 244 245 246 247 248 249 250 251 Eg Amnesty International v Zambia Comm No 212/98 (ACmHPR, 5 May 1999); John K Modise v Botswana Comm No 97/93 (ACmHPR, 6 November 2000); Open Society Justice Initiative v Côte d’Ivoire Comm No 318/06 (ACmHPR, 28 February 2015). Anudo Ochieng Anudo v United Republic of Tanzania App No 012/2015 (ACtHPR, 22 March 2018). Art 2 ACHPR. Art 3 ACHPR. Art 5 ACHPR. Art 12 ACHPR. Eg calling for the “elimination of discrimination against women” in Art 2 and the “elimination of harmful practices” in Art 5. See Bronwen Manby, Citizenship and Statelessness in Africa: The Law and Politics of Belonging (Wolf Legal Publishers 2015) 50–51. African Charter on the Rights and Welfare of the Child (adopted 11 July 1990, entered into force 29 November 1999) OAU Doc. CAB/LEG/24.9/49 (1990) (ACRWC). Art 6(4) ACRWC. ACERWC, General Comment No 2 on Article 6 of the African Charter on the Rights and Welfare of the Child, ACERWC/GC/02 (2014). Institute for Human Rights and Development in Africa (IHRDA) and Open Society Justice Initiative on Behalf of Children of Nubian Descent in Kenya v the Government of Kenya Com No Com/002/2009 (ACERWC, 22 March 2011), para 46. Intersentia 45