Banjul, 29 August 2025 – The Institute for Human Rights and Development in Africa (IHRDA) welcomes an important decision of the African Commission on Human and Peoples’ Rights (ACHPR) in Communication 801/2021: Afekuru Animu Risasi Amitai (Represented by the Institute for Human Rights and Development in Africa) v The Republic of South Sudan, which found the Republic of South Sudan in violation of multiple provisions of the African Charter on Human and Peoples’ Rights following the arbitrary revocation of nationality of Ms. Afekuru Animu Risasi Amitai.
Background of the case
Ms. Amitai, born in South Sudan in 1983, lawfully obtained South Sudanese nationality in 2014 after returning home from exile in Uganda. Her family had fled to Uganda when war broke out in the then Sudan. However, in 2018, her nationality was revoked and her passport and nationality certificate confiscated with no reasons assigned despite several requests. She was later orally informed that the revocation of her nationality was based on claims that she was Ugandan, despite valid documentation confirming her South Sudanese nationality. As a result, she was dismissed from her government employment in the Vice President’s Office and had her appointment as a Member of Parliament in May 2021 revoked 12 days later. Ms. Amitai was rendered stateless, and repeatedly subjected to harassment, arrest, and detention. She was never formally given reasons nor an opportunity to be heard prior to the revocation of her citizenship contrary to the provisions of South Sudan’s Nationality Act of 2011. Efforts to seek redress before national courts proved futile as her case was never set down for hearing despite diligent follow ups. This prompted IHRDA to approach the ACHPR on her behalf.
Commission’s findings
In its ruling, the ACHPR found that South Sudan violated Ms. Amitai’s rights under the African Charter, including article 1 on the obligation of the state to take legislative and other measures to give effect to the provisions of the Charter; article 5 on the right to nationality (legal status); article 7(1) on the right to have once cause heard; article 12 on the right to freedom of movement; 13 on the right to participate in the government of one’s country; and 15 on the right to work. The Commission held that the revocation of nationality without due process was arbitrary, unlawful, and carried out without affording Ms. Amitai an opportunity to defend herself, in contravention of South Sudan’s own Nationality Act of 2011. The deprivation of nationality must afford the affected person the right to judicial review.
The Commission emphasized that nationality is a gateway right that enables individuals to access other fundamental rights, and that arbitrary deprivation of nationality gravely undermines human dignity and security.
Recommendations
The African Commission directed the Government of South Sudan to restore Ms. Amitai’s nationality and all associated rights; ensure that national courts hear arguments and compensate her for moral, psychological, and material damages resulting from the violations of her rights under the African Charter; ensure that the violations are not repeated in the future; and undertake training of relevant state agencies, particularly security and immigration officials, on the right to nationality and the prevention of statelessness.
Significance of the decision
This case represents a major victory in the fight against statelessness and arbitrary deprivation of nationality in Africa. It reinforces previous decisions of the ACHPR and the African Court on Human and Peoples’ Rights which have held that the recognition of the right to legal status under article 5 of the African Charter encompasses the right to nationality, which one cannot be arbitrarily deprived of. The decision sends a strong signal that States must respect due process in nationality matters and uphold their obligations under regional and international human rights law.
Commenting on the decision, Dr. Musa Kika, Executive Director of IHRDA, stated: “This ruling underscores the critical importance of nationality as the foundation for the enjoyment of other rights in many contexts. It is a reminder to States that stripping individuals of nationality without due process not only violates the law but also destroys lives. We urge South Sudan to fully implement the Commission’s recommendations and set an example in safeguarding the right to nationality.”
About IHRDA
The Institute for Human Rights and Development in Africa (IHRDA), based in Banjul, The Gambia, is a leading Pan-African human rights organization dedicated to advancing human rights through litigation, advocacy, capacity-building, and research. For nearly three decades, IHRDA has worked to promote accountability and strengthen human rights protection across the continent.
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