Decision of the Commission
For these reasons, the Commission decides:
i) The Respondent State has violated the rights of the Complainant under Articles I, 5, 7 (1) (a) (d), 12 (1) (2), 13 (1) (2) and 15 of the African Charter;
ii) The Respondent State should take all the necessary steps to restore all the rights of the Complainant, including restoration of her Sudanese nationality certificate and national passport;
iii) The Respondent State's Courts should heat arguments and determine compensation of the Complainant for moral and material prejudice (loss of job opportunities and earnings) as a result of violations of the African Charter found herein;
iv) The Respondent State should take appropriate measures to ensure that the Complainant is not subjected to the same violations in the future;
v) the right to nationality and statelessness for its security agencies, especially the directorate of Nationality, Passport and Immigration (DNPI), the South Sudan National Police Service (SSNPS), and the Immigration and Passport Department within the Ministry of Interior;
vi) The Respondent State should inform the Commission, in accordance with Rule 125 (1) of the Commission's Rules of Procedure, within one hundred and eighty (180) days from the date that this decision is transmitted to the Respondent State, of all action taken or being taken to implement the decision of the Commission.
Adopted at the 80th Ordinary Session of the Commission held virtually from 24 July to 02 August 2024.
