Denying a child citizenship based on the origin
of her father is discrimination, Sudan should urgently grant nationality to Ms
Iman Hassan Benjamin and should amend the Nationality law.
(10 December 2018) In May 2018, the African
Committee of Experts on the Rights and Welfare of the Child (ACEWRC) issued a
decision to restore the citizenship of Iman Hassan Benjamin, a 17-year-old girl
born to South Sudanese father and Sudanese mother. Iman had been denied a
National identity number to enroll in the university on grounds that she lost
her Sudanese nationality under section 10(3) of the Sudanese Nationality Act
(Amendment) of 2011 since her father had become a foreigner on 18 July 2011,
the date South Sudan seceded from Sudan, even though Iman’s father had died six
months before, as stated on his death certificate.
ACEWRC issued a decision that, by revoking
Iman’s citizenship based on her father’s origin, Sudan violated its obligations
on non-discrimination under Article 3, Article 6(3) and (4) on the right to
nationality and prevention of statelessness and right to education under
Article (11) of the African Charter on the Rights and Welfare of the
Child. ACEWRC recommended to Sudan to
revise the Nationality Act (Amendment) of 2011 to ensure that children born to
Sudanese mothers automatically obtain Sudanese nationality same as children
born to Sudanese fathers. Further that the Sudanese Nationality Act (Amendment)
of 2011 should be revised to ensure that children born to South Sudanese
parents are not discriminated against in obtaining Sudanese nationality where
the child demonstrates a clear link with Sudan. Most importantly, ACEWRC urged
the Government of Sudan to urgently grant Ms Iman her nationality.
This decision follows a complaint submitted to
ACEWRC on behalf of Iman by ACJPS and People’s Legal Aid Centre in August 2015,
challenging the decision of the Sudanese constitutional court that upheld the
revocation of Iman’s citizenship. Iman
was born to a Sudanese mother while her father who was born in Juba (South
Sudan), lived most of his life in Sudan and even served in the Sudanese police force.
Iman’s father died 6 months before the secession of South Sudan and his death
certificate stated that he was Sudanese. When Iman applied for enrollment in a
University in Sudan, she was asked for a national identity number which she
never had, she only had a birth certificate.
When she applied for national identity number, the civil registration
department directed her to Aliens persons department, implying that she lost
her Sudanese nationality since her father would have become South Sudanese
national upon separation.
Following the separation in 2011, Sudan amended
its nationality law to provide that any person who has acquired South Sudanese
nationality, either in fact or in law, will automatically lose their Sudanese
nationality and that Sudanese nationality will also be rescinded when the
nationality of one’s “responsible father” is revoked.
The Complaint alleged that Sudan violated
Iman’s rights to non-discrimination, right to nationality, prevention of
statelessness and right to education under Articles 3, 6(3) and (4) and 11 of
the African Charter on the rights and welfare of a child.
Iman’s case represents a victory in multiple
areas especially for people in the same dilemma as Iman: in the effort to end
statelessness, the decision establishes that States have the obligation to adopt
laws or regulations that are in line with acceptable international standards
aimed at reducing Statelessness. The decision also establishes that states
should ensure that children are not deprived of their basic rights in the
African Charter, such as right to education until their nationality is
determined or even if they are found to be stateless or at risk of being
stateless. This decision also subjects all States’ legislation regarding
nationality in the ACWRC’s jurisdiction to review and reform, which will impact
thousands of stateless children in all countries in the African region.
ACJPS welcomes the decision and urges the
Government of Sudan to urgently grant Iman her nationality and implement
recommendations given by ACEWRC.