2021 Statelessness & Citizenship Review 3(1) nationality only’. 1 The 1948 Universal Declaration on Human Rights (‘UDHR’), in its art 15 acknowledged nationality as a human right, by stating that: ‘Everyone has the right to a nationality’ and ‘No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality’. 2 The right is further consecrated in other international human rights instruments such as the International Convenant on Civil and Political Rights (‘ICCPR’), the 1989 Convention on the Rights of the Child and the American Convention on Human Rights. 3 In Africa, the right to nationality is guaranteed and enjoyed by eight Afro-Arab countries who, collectively, are members of the Arab Maghreb Union (‘AMU’), the African Union’s Regional Economic Communities (‘REC’), the Arab League, the Arab World, the Islamic World, and the Middle East and North Africa Region (‘MENA’) of international organisations such as the United Nations High Commissioner for Refugees (‘UNHCR’). 4 Here, the right is consecrated in art 29 of the revised 2004 Arab Charter on Human Rights, 5 and art 7 of the Covenant of the Rights of the Child in Islam. 6 Despite its recognition by the Afro-Arab and Islamic members, the right to nationality is not part of the Organisation of African Union (‘OAU’) and African Union (‘AU’) led African human rights system that governs some 48 countries of sub-Saharan Africa based on the 1981 African Charter on Human and Peoples’ Rights (‘Banjul Charter’). 7 This article seeks to examine the on-going efforts by African human rights institutions, civil society organisations and the African Union in addressing the right to nationality in the continent with a view to eradicating statelessness. It describes the Banjul-led African human rights system, its origins and development. It presents a conceptual and theoretical framework to understand the various concepts and issues associated with collective rights in Africa, including their consecration by the case law of African human rights institutions. It highlights the particular characteristics of the questions of nationality and statelessness in the continent that have not been addressed by the existing regional and international instruments. It further analyses the nexus between peoples’ rights as enshrined in the Banjul Charter and the right to a nationality. It concludes by demonstrating that the eradication of statelessness in Africa by 2024 as advocated 1 2 3 4 5 6 7 Convention on Certain Questions Relating to the Conflict of Nationality Laws, opened for signature 12 April 1930, 179 LNTS 89 (entered into force 1 July 1937). Universal Declaration of Human Rights, GA Res 217A (III), UN GAOR, 3rd sess, 183rd plen mtg, UN Doc A/810 (10 December 1948). International Covenant on Civil and Political Rights, opened for signature 19 December 1966, 999 UNTS 171 (entered into force 23 March 1976) art 24(3) (‘ICCPR’); Convention on the Rights of the Child, opened for signature 20 November 1989, 1577 UNTS 3 (entered into force 2 September 1990) art 7; American Convention on Human Rights, opened for signature 22 November 1969, 1144 UNTS 123 (entered into force 18 July 1978) art 20. The countries are Algeria, Egypt, Libya, Mauritania, Morocco, Tunisia, Sudan and Somalia. See Arab Charter on Human Rights, opened for signature 22 May 2004, reprinted in 12 Intl Human Rights Rep 893 (entered into force 15 March 2008) art 29: (1) Every person has the right to a nationality, and no citizen shall be deprived of his nationality without a legally valid reason; (2) The state parties shall undertake, in accordance with their legislation, all appropriate measures to allow a child to acquire the nationality of his mother with regard to the interest of the child; (3) No one shall be denied the right to acquire another nationality in accordance with the applicable legal procedures of his country. See Covenant on the Rights of the Child in Islam, opened for signature 28 June 2005, OIC/9IGGE/HRI/2004/Rep.Final, art 7. African Charter on Human and Peoples’ Rights, opened for signature 27 June 1981, 1520 UNTS 217 (entered into force 21 October 1986) arts 19–24 (‘Banjul Charter’). 34