REFUGEES FROM GENERATION TO GENERATION UNHCR, APRIL 2023 states has been increasingly to permit dual nationality, especially for children. 157 A clear majority of states within Africa now permit dual nationality at least in some circumstances. 158 It is often those people who might have a claim to two or more nationalities, but have no documents proving connection to any country, who are most at risk of statelessness. Each country where the person has a connection considers the person to have the other nationality, and thus not to be entitled to the nationality of that country. This may be the interpretation even where dual nationality is legally permitted, but is a particular risk where dual nationality is prohibited, or only allowed with explicit permission. Where many people have no documents, the difference between those who are at risk of statelessness and those who are not is often a perception that members of a particular group have closer connections to another country (even if these connections are many generations back, and there is no associated documentation of a person’s origins). National procedures should be adopted that verify that a person has as a matter of fact acquired another nationality before dual nationality is presumed. The situation of former refugees The 1951 Refugee Convention provides for “cessation clauses” which set out the situations in which refugee status may properly come to an end. 159 One of these clauses refers to “ceased circumstances”, where the situation in the country of origin has changed sufficiently to make return possible. For this clause to be applicable, there must have been a change in the refugee’s country of origin which is “fundamental, durable, and effective”. In such cases, UNHCR may issue a statement that, as a group, refugees from that country no longer have a well-founded fear of being persecuted (though individuals may rebut the presumption, so that the application of the clause should always be individually assessed). UNHCR will then typically enter into agreements with the countries of origin and refuge for voluntary repatriation or local integration of the refugees (resettlement in a third country is unlikely to be possible at this time). There is, however, no requirement on the host countries to follow the recommendation that the ceased circumstances clause should apply, and voluntary repatriation agreements are often entered into without formal reference to “ceased circumstances”. A former refugee loses the right to be issued a refugee identity document, and the other rights of refugees. The tripartite agreements usually provide for the country of origin to provide identity documents recognising citizenship, whether the person returns to the country of origin or requires a passport or consular card to be able to regularise status in the country of residence. If the former refugee does not return, he or she becomes a migrant like other migrants, and legal status in the cou ntry will depend on possession of an identity document confirming nationality of the country of origin, and a visa or residence permit issued by the country of residence. The Global Compact for Safe, Orderly and Regular Migration, adopted December 2018, calls for states to provide “proof of nationality and relevant documentation” to all nationals, and to ensure that migrants are issued “adequate documentation and civil registry documents”.160 Those who cannot confirm nationality of a country of origin are therefore 157 Thomas Faist and Peter Kivisto, eds., Dual Citizenship in Global Perspective: From Unitary to Multiple Citizenship (Basingstoke: Palgrave Macmillan, 2007). 158 Bronwen Manby, Citizenship Law in Africa: A Comparative Study, 3rd ed. (New York: Open Society Foundations, 2016), https://www.opensocietyfoundations.org/publications/citizenship-law-in-africa-a-comparative-study. 159 UNHCR ExCom Conclusion No. 69 (XLIII), Cessation of Status, 1992; The Cessation Clauses: Guidelines on their Application, UNHCR, Geneva, April 1999; UNHCR, Note on the Cessation Clauses, EC/47/SC/CRP.30, 30 May 1997, http://www.unhcr.org/3ae68cf610.html. 160 Global Compact for Safe, Orderly and Regular Migration, adopted by the UN General Assembly on 19 December 2018, UN Doc A/RES/73/195, Objective 4 (paragraph 20): “We commit to fulfil the right of all individuals to a legal identity by providing all our nationals with proof of nationality and relevant documentation, allowing national and local authorities to ascertain a migrant’s legal identity upon entry, during stay and for return, as well as to ensure 54

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