CITIZENSHIP AND STATELESSNESS
IN THE HORN OF AFRICA
\Y
do not hold or cannot establish nationality.
For example, Djibouti expelled an estimated 80,000 people
from its territory in 2003,7%’ as part of “an attempt to weed out potential terrorists”.29° Presented as recent
illegal migrants, the expellees were mostly Djiboutian
nationals without papers from families who
had
been in the country since independence.*°9 Similarly, since the 1990s, the Somaliland government has
periodically rounded
up non-Somali
Ethiopians and deported them
back across the border, although
some of them have been resident in the territory of Somaliland for many decades.?*°
A 2015 report by the International Refugee Rights Initiative highlighted the situation of Africans expelled
by Israel. More than 1,500 failed asylum seekers believed to be from Eritrea and Sudan were sent to
officially unidentified “third countries” since they were not willing to return to their country of origin —
including
especially
deportees
were
Eritreans.2*7
mainly
sent
to
The
Rwandan
Rwanda.?**
government
Without
legal
denied
status
the
and
report’s
recognised
claim
that these
nationality,
these
deportees — and especially their children born in different countries — are at high risk of statelessness.
Minorities in Somalia
Somalia
is one of the small
language,
number
of countries
host to minority communities.
groups — the Issa-Somali and the Afar.
in Africa to have
Neighbouring
a dominant
majority culture and
Djibouti, though far smaller, has two dominant
Ethiopia and Eritrea, like most states in Africa, are made up of
numerous different ethnic groups. While there are some ethnicities that are more dominant than others,
there is no clear majority.
In Somalia, the majority of the population belongs to traditional Somali clan structures, divided among
several different branches of a related family tree.
Isaag,
and
Dir. Minority
communities
who
do
The four main clan branches are the Hawiye, Darod,
not belong
to one
of these
clans
face
significant
disadvantage
in society, including in access to political and economic participation, access to justice,
and
harassment.
physical
The
Somali
citizenship that is based on membership
citizenship
law of 1962
confirms
of one of the main clan branches,
a conception
of Somali
defining “Somali” as “any
person who by origin, language or tradition belongs to the Somali Nation” (see above, Nationality based
on descent).
The Provisional Constitution of 2012 and many of the constitutions of the federal member
states prohibit discrimination and provide for minority rights.2*°
237 Simon Imbert-Vier, Tracer des frontiéres @ Djibouti: des territoires et des hommes aux XiXe et XXe siécles (Paris: Editions Karthala, 2011), 344; imbert-Vier,
‘identifier les nationaux a@ Djibouti’, 144.
238 Africa Overview in “Patterns of Global Terrorism — 2003”, Office of the Coordinator for Counterterrorism, US State Department, 29 April 2004 available at
https://2009-2017.state.gov/j/ct/rls/crt/2003/index.htm.
239 Samson A. Bezabeh, ‘Citizenship and the Logic of Sovereignty in Djibouti’, African Affairs 110, no. 441 (2011): 587-606; Imbert-Vier, ‘identifier les nationaux a
Djibouti’.
24 Rader, Verification and Legibility in Somaliland’s Identity Architecture’, 110.
741 “4 was left with nothing’: “Voluntary” departures of asylum seekers from Israel to Rwanda and Uganda, International Refugee Rights Initiative, September
2015.
242 Rwanda government focal point on statelessness, “Comments on the Draft Study on Citizenship and Statelessness in EAC”, April 2018.
243 See discussion in Minority Rights Group, Minority inclusion learning review of the Ministry of Foreign Affairs of Switzerland — Programmes in the Horn of
Africa, 13 July 2021, pp.23 — 24 https://minorityrights.org/publications/swiss-mfa-review/.
56
UNHCR
— December 2021