Source: Statelessness and Citizenship Review
Manby, B. (2019). Anudo Ochieng Anudo v Tanzania (Judgment) (African Court on Human and Peoples’ Rights, App No 012/2015, 22 March 2018). Statelessness and Citizenship Review, 1(1), 170–176.
Anudo Ochieng Anudo v Tanzania (‘Anudo case’) is the first case decided by the African Court on Human and Peoples’ Rights (‘African Court’) that considers the right to a nationality. The judgment complements existing jurisprudence from the African Commission on Human and Peoples’ Rights (‘African Commission’) and the African Committee of Experts on the Rights and Welfare of the Child. The African Court ruled that Tanzania had arbitrarily deprived the applicant of his nationality and then arbitrarily expelled him from the country.
Perhaps the most important aspect of the judgment was the holding that in the context where a person has previously been issued documents recognising nationality, the burden of proof falls on the state to prove that the applicant was not a national. A person must have the opportunity to make his or her case before an independent body, and decisions relating to nationality cannot be kept at the administrative level.