REFUGEES FROM GENERATION TO GENERATION
UNHCR, APRIL 2023
procedure 87 ) would likely have all the same problems, and would not provide any additional protection
to those recognised as refugees that they do not already receive, nor facilitate their long-term integration.
For durable solutions to the situation of long-term refugees, there is accordingly a need both to make
procedures for naturalisation accessible to long-term refugees and their children, and to provide
minimum rights to nationality for those born in the country.
Measures to enable acquisition of nationality by long-term refugees would include reducing onerous
conditions in relation to production of passports and other identity documents issued by the country of
origin, reduction of fees, support in submitting an application, and raising awareness of the possibility
among the refugees. Naturalisation procedures should automatically include children who were minors
at the time of application, and a process should be established for the legal recognition and inclusion of
children who are not biologically related or formally adopted, but are factually part of a family. Children
born after a parent has naturalised should acquire nationality automatically at birth.
The minimum rights based on birth in the territory established by Article 6 of the African Charter on the
Rights and Welfare of the Child (as well as the 1961 Convention on the Reduction of Statelessness), are
that children should acquire the nationality of the state of birth if not granted nationality at birth by the
laws of any other state. In its General Comment on Article 6, the African Committee of Experts on the
Rights and Welfare of the Child noted the difficulty of proving that a child born in the territory has not
acquired another nationality, meaning that intended safeguards do not in fact prevent statelessness. The
Committee therefore recommended that states provide more general rights to acquire nationality, for
example, based on birth in the territory and residence until majority. Such provisions already exist in DRC
and Rwanda, and the possibility of access by the children of refugees born in the country should be
explored.
87
For guidance on such procedures and the circumstances in which they may be appropriate, see: “Good Practices
Paper – Action 6: Establishing Statelessness Determination Procedures to Protect Stateless Persons”, UNHCR, July
2020, https://www.refworld.org/docid/5f203d0e4.html.
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