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Anudo v. Tanzania (Afr. Ct. H.P.R.)

Published online by Cambridge University Press:  28 June 2019

Bronwen Manby
Bronwen Manby*
Affiliation:
Senior policy and teaching fellow at the London School of Economics and Political Science.
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Extract

The case of Anudo v. Tanzania is the first decided by the African Court on Human and Peoples' Rights that considers the right to a nationality. The judgment complements existing jurisprudence from the African Commission on Human and Peoples' Rights and the African Committee of Experts on the Rights and Welfare of the Child. The Court ruled that Tanzania had arbitrarily deprived the applicant of his nationality and then arbitrarily expelled him from the country.

Type
International Legal Documents
Information
International Legal Materials , Volume 58 , Issue 3 , June 2019 , pp. 603 - 627
Copyright
Copyright © 2019 by The American Society of International Law 

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References

ENDNOTES

An extended version of this article will be published in volume 1, issue 1 of the Citizenship and Statelessness Review, University of Melbourne.

1 Anudo v. Tanzania, Decision, African Court on Human and Peoples' Rights [Afr. Ct. H.P.R.] (Mar. 22, 2018), http://en.african-court.org/images/Cases/Judgment/-012%20-%202015%20-%20Anudo%20Vs.%20Tanzania%20-%20Judgment%2022%20March%202018%20-%20Optimized.pdf [hereinafter Decision]. The judgment has a number of errors in referencing, including referring to Article 7 of the ICCPR instead of Article 7 of the ACHPR, and Article 9 of the ICESCR instead of Article 9 of the ICCPR.

2 As of May 2019, Benin, Burkina Faso, Côte d'Ivoire, Gambia, Ghana, Malawi, Mali, Tanzania, and Tunisia.

3 UN Secretary General, Human Rights and Arbitrary Deprivation of Nationality, ¶ 79, UN Doc. A/HRC/25/28 (Dec. 19, 2013).

4 Decision, supra note 1, ¶ 80.

5 Id. ¶¶ 86.

6 Id. ¶¶ 102–03.

7 Id. ¶¶ 113, 116.

8 Amnesty International v. Zambia, Communication 212/98, African Commission on Human and Peoples' Rights [Afr. Comm'n H.P.R.] (May 5, 1999), http://www.achpr.org/communications/decision/212.98/.

9 The Nubian Community in Kenya v. The Republic of Kenya, Communication 317/06, Afr. Comm'n H.P.R. ¶ 140 (May 30, 2016), http://www.achpr.org/communications/decision/317.06/.

10 Decision, supra note 1, ¶ 14.

11 See Bronwen Manby, Citizenship in Africa: The Law of Belonging (2018).

12 See, e.g., Tanzania: Everyone Is Scared, African Arguments (Mar. 2, 2018), https://africanarguments.org/2018/03/02/tanzania-everyone-is-scared/.