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b.
Persons having their habitual residence in a territory affected by the
succession of States shall be presumed to acquire the nationality of
the relevant successor State on the date of such succession,
subject to any agreement to the contrary by the States concerned;
c.
Persons who are qualified to acquire the nationality of two or more
successor States shall, if not permitted to hold both nationalities,
have a right of option.
4.
A predecessor State shall not arbitrarily withdraw its nationality from a
person before he or she acquires confirmation of the nationality of a
successor State.
5.
In determining matters relating to nationality, a State Party shall take into
consideration, amongst other criteria, the will of the person concerned.
ARTICLE 20
Rules and Procedures relating to Nationality
1.
A State Party shall ensure that the normative, institutional and procedural
framework governing attribution, acquisition, loss, deprivation,
renunciation, recovery or certification of their nationality are clear and
accessible.
2.
A State Party shall ensure that administrative procedures relating to
attribution, acquisition, deprivation, renunciation, recovery or certification
of nationality, and for the issue of identity or nationality documents, are
not arbitrary.
3.
A State Party shall provide in law that all decisions relating to the
nationality of a person shall be reasoned and notified to each person or
his or her legal representative.
4.
A State Party shall provide in law that all decisions affecting a person’s
nationality shall be subject to review by administrative and judicial
institutions to which appeal can be made, in conformity with national law.
ARTICLE 21
Monitoring and Implementation
A State Party shall ensure implementation of this Protocol at national level
and, in their periodic reports submitted in accordance with Article 62 of the
African Charter, indicate the legislative and other measures undertaken for
the full realisation of the rights recognised by this Protocol and their efforts to
eradicate statelessness.