Peoples’ Right to a Nationality Apart from the individual rights, the Commission has also been based its case law on nationality-related mass expulsions in Africa by invoking art 18 of the Charter, protecting the collective group rights of families. In the 1996 Amnesty International v Zambia case, the Commission found Zambia guilty of forcible expulsion of the complainants and breaking up their families, which was in violation of arts 18(1) and 18(2) of the Charter. The Commission also condemned the Angolan Government in the Union Inter-Africaine des Droits de l’Homme v Angola case for violating art 18 by deporting hundreds of West African migrants, and thereby separating their families. It maintained the same rationale in the Malawi African Association v Mauritania case. At the level of the case law developed at the level of RECs, the East African Community (‘EAC’) Court of Justice in 2016 condemned the failure of the EAC institutions to investigate and provide redress for the illegal expulsion of immigrants in Tanzania under its ‘Operation Kimbunga’ of 2003. 127 Apart from the Commission, there is also a growing case law in Africa on the right to nationality and child statelessness by the African Committee of Experts on the Rights and Welfare of the Child (‘ACERWC’) based on violations of arts 3 and 6 of its Charter. In March 2011, for instance, the ACERWC passed a decision on the landmark IHRDA and OSJI on Behalf of Children of Nubian Descent in Kenya v Kenya case, in which it held that it ‘cannot overemphasize the overall negative impact of statelessness on children’, stating that: [A]s much as possible, children should have a nationality beginning from birth … Moreover, by definition, a child is a person below the age of 18 (Article 2 of the African Children’s Charter) and the practice of making children wait until they turn 18 years of age to apply to acquire a nationality cannot be seen as an effort on the part of the State Party to comply with its children’s rights obligations. 128 There was also the ACERWC decision of 2018 on the case of African Centre of Justice and Peace Studies (ACJPS) and Peoples’ Legal Aid Centre (PLACE) v the Republic of Sudan, in which the Committee further elucidated the relationship between the right to a nationality as protected in arts 6 and 3 of the African Charter on the Rights and Welfare of the Child 129 on non-discrimination, concluding that the applicant had been arbitrarily deprived of her Sudanese nationality. 130 Since its inception, the African Court on Human and Peoples Rights has also been contributing to the development of a specific African case law on the right to nationality and the prevention of statelessness in the continent. On 22 March 2018, for instance, it handed its first judgment on a case related to the right to nationality 127 See East African Law Society v Secretary General of EAC (Reference No 7 of 2014) [2016] EACJ 113 (22 March 2016). 128 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 (African Committee of Experts on the Rights and Welfare of the Child, Decision No 002/Com/002/2009, 22 March 2011) 10 [46], 9 [42]. 129 The African Charter on the Rights and Welfare of the Child is a regional human rights treaty that sets out rights and defines principles for the status of children on the continent: African Charter on the Rights and Welfare of the Child, adopted 11 July 1990, OAU Doc CAB/LEG/24.9/49 (entered into force 29 November 1999). 130 See African Committee of Experts on the Rights and Welfare of the Child, African Centre of Justice and Peace Studies (ACJPS) and Peoples’ Legal Aid Centre (PLACE) v the Republic of Sudan (African Committee of Experts on the Rights and Welfare of the Child, Decision No 002/2018, 31st ord sess, 29 November 2018). 55

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