CITIZENSHIP AND STATELESSNESS
IN THE HORN OF AFRICA
\Y
advantages in terms of access to health and education services and other support, and thus parents in
this situation may wish their children to be registered as refugees.
However,
such registration places
the child’s future right to nationality of the country of birth a risk, even if one parent is a national of that
state.254 Even if the child may ultimately wish to have recognition of the nationality of the refugee parent,
the country of origin of that parent is under no obligation to recognise the nationality recorded in a birth
certificate issued by Ethiopia; while the failure to record Ethiopian nationality means that the child may
also not be able to access Ethiopian identity documents at adulthood, despite having an Ethiopian parent
and entitlement to Ethiopian nationality.
An Egyptian-Sudanese-Ethiopian-Eritrean stateless woman in Egypt
“Mary was born and raised in Sudan.
Her father, who was a Sudanese Christian of Egyptian heritage,
abandoned the family when she was eleven. Mary’s mother was of mixed Ethiopian-Eritrean origin and
had
never
formally
elected
a nationality
after
Eritrea’s
secession.
Mary
never
possessed
a birth
certificate or any formal identity documents. When she tried to acquire documents by formally applying
for Sudanese
nationality her request was denied as she was
unable to produce any evidence of her
father’s nationality. She was denied Ethiopian nationality after the Ethiopian
mother
to
be
Eritrean
and
denied
Eritrean
nationality
as
she
was
Embassy determined
unable
to
fulfil
the
her
evidence
requirements. Mary is therefore stateless. She has no legal right to reside in any country and is thus at
risk of immigration-related detention. She is unable to enrol in public education facilities or take up legal
employment
and
is therefore forced
to risk taking
up potentially exploitative,
informal
work.
Mary’s
application for refugee status in Egypt was denied, as she had no well-founded fear of persecution.”
Case study 3 from Eirwen-Jane Pierrot, “A responsibility to protect: UNHCR
and statelessness in Egypt”, UNHCR,
January 2013
People without a regularised immigration status
The Horn of Africa is a zone of transit as well as origin for migrants, especially for those seeking work
in the Arabian Peninsula.2>
In most cases, even a person without documents will be able to re-establish
recognition of nationality by a country of origin. However,
this is not true of all, and lack of access to
consular assistance greatly increases risks of statelessness. The children of irregular migrants born in
another country, whose birth is registered neither with the state of birth nor with consular authorities, are
at significantly increased risk of future statelessness.?°°
Another category at great risk of statelessness is made up of people expelled from one country where
they are alleged to have been in irregular status (even if this is not the case), to another where they also
234 This has been the case in case of the “double registered” Kenyan Somalis who were also registered as refugees. See Manby,
‘Citizenship and Statelessness in
the East African Community’; Keren Weitzberg, We Do Not Have Borders: Greater Somalia and the Predicaments of Belonging in Kenya (Athens, OH: Ohio
University Press, 2017).
235 Tuemay Aregawi Desta, “Human Trafficking and Smuggling in the Horn of Africa: Patterns, Dynamics, and Criminal Networks” Life and Peace Institute,
Uppsala, September 2016 http://aigaforum.com/article2017/Human-Trafficking-and-Smugqgling-Horn-of-Africa.pdf
236 See discussion in Manby,
UNHCR
‘Preventing Statelessness among Migrants and Refugees’.
— December 2021