STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY Key findings and recommendations Key findings and recommendations Extent of statelessness It is not possible to establish the number of stateless persons in the Partner States of the East African Community (EAC), but it is clear that there are tens of thousands of people at risk of statelessness, among them many who are actually stateless. Those who are stateless or at risk include descendants of people who have migrated from another place, often many years ago, and their children; members of cross-border populations, and children unable to establish rights derived from their parents. Many of these people are only now finding out that their citizenship is doubtful, as new identity cards are being introduced, or old systems upgraded. The impact of statelessness Statelessness and discrimination in access to citizenship and identity documents has a strong negative impact on the ability of individuals and groups to enjoy respect for their basic human rights and to participate fully in the economic, social and political life of a country. Legal frameworks Only Rwanda has a legal framework for nationality administration that generally complies with the international and African norms on the prevention and reduction of statelessness. Most importantly, none of the other five countries has the protections against statelessness among children required by the African Charter on the Rights and Welfare of the Child (ACRWC). While most have a foundling provision, there are few safeguard clauses for children who would otherwise be stateless. Laws that are based purely on descent in attribution of nationality at birth, and that restrict access to naturalisation in practice, place significant numbers at risk of statelessness. This is exacerbated where the law is not clear or different laws contradict each other, which is the case in Burundi and Tanzania. Although Partner States of the EAC host many hundreds of thousands of nomadic pastoralists, nationality laws are very poorly adapted to provide for those who do not live a settled existence. Due process and transparency Excessive executive discretion in deciding questions of nationality creates major risks of statelessness and violations of other rights. Regional cooperation and efforts to reduce statelessness There have been important efforts by Partner States of the EAC to try to resolve questions of statelessness. These efforts could be greatly strengthened through regional cooperation mechanisms, led by regional institutions such as the International Conference on the Great Lakes Region (ICGLR). In October 2017, the 12 Member States of the ICGLR (which include all Partner States of the EAC) adopted the Brazzaville Declaration and Regional Action Plan to eradicate statelessness. UNHCR / September 2018 1