Anudo v Tanzania: The African Court Recognises the Right to Nationality under Customary International Law
Source: Oxford Human Rights Hub
During the recently concluded 48th Ordinary Session, the African Court on Human and Peoples’ Rights delivered a unanimous decision of significance to the African continent and beyond by determining that the right to nationality exists under customary international law.
In an Application brought by Mr Anudo Ochieng Anudo against Tanzania, Mr Anudo claimed, amongst other things, that his right to nationality under the Universal Declaration of Human Rights (UDHR) was violated by Tanzania. The facts that gave rise to the claim arose when Mr Anudo approached the Tanzanian Police authorities to process formalities for his marriage. The Police decided to retain his passport on the grounds that there were suspicions regarding his Tanzanian citizenship. His Tanzanian nationality was withdrawn and he was then deported to Kenya which, in turn, expelled him back to Tanzania. As he could not enter Tanzania, he remained in the “no man’s land” between the Tanzania-Kenya border.