ACEWRC issues a decision on the nationality of Iman Hassan Benjamin against the Republic of Sudan

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.

Contact: Mossaad Mohamed Ali, Executive Director, (English, Arabic, Swedish): mossaad.ali@acjps.org or +46764325862

Read full decision below:

English- ACERWC -Sudan-Decision

Arabic- ACERWC -Sudan-Decision