STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY States of the EAC share the challenges of the entire African continent in this respect. Providing access to nationality to those who do not currently have recognition as nationals can be criticised by some as creating access to power and resources (especially land) for those who should not have the right to do so. However, failing to provide effective systems by which migrants and their descendants can obtain the nationality of the country where they now live has long term negative consequences, not just for the individuals concerned, but also for peace, security and development. Ensuring the right to a nationality provides not only the most basic guarantee of other rights due to a national, but also the foundation of the security of the state itself, both by removing causes of grievance and by strengthening state administrative structures. Steps already taken East Africa has undertaken significant efforts to address the challenges of integrating populations whose nationality is in doubt, as highlighted in section 7. These steps include the progress towards gender equality in transmission of citizenship, which now leaves only Burundi and Tanzania with discriminatory provisions; reforms introduced in Kenya’s 2010 Constitution and 2011 legislation to provide access to citizenship for children of unknown parents and long-term resident populations; Tanzania’s proactive efforts to naturalise certain long-term refugees and their children; Rwanda’s almost comprehensive legislative protection against statelessness; and Uganda’s efforts to provide access to acquisition of citizenship by registration for those eligible through the registration process for its national identity card. The role of the EAC The EAC Treaty commits Partner States to adopt measures to achieve free movement of persons, labour and services and to ensure the enjoyment of the right of establishment and residence of their citizens within the community. Implementation of these agreements remains incomplete, although some law reforms have been adopted. The EAC Treaty also commits Partner States to adhere to “the principles of democracy, the rule of law, accountability, transparency, social justice, equal opportunities, gender equality, as well as the recognition, promotion and protection of human and peoples’ rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights”. Both the free movement agenda and the obligation of EAC Partner States to respect human rights imply the need to eradicate statelessness and respect the right to a nationality. Without recognition of nationality, residents of the EAC Partner States will enjoy neither their rights to free movement nor respect for their human rights more generally. Moreover, both the African Commission on Human and Peoples’ Rights and the African Committee of Experts on the Rights and Welfare of the Child have developed strong interpretations of the right to a nationality under the two treaties. The EAC as an institution and Partner States can individually and collectively build on the positive steps already taken in order to reduce and ultimately eradicate statelessness in the region. This will not be achieved in a few months or even years, but should be a long-term objective, to ensure not only respect of the rights of the individuals concerned, but also the economic development and peace and security of the societies as a whole. 6 UNHCR / September 2018