CITIZENSHIP AND STATELESSNESS
IN THE HORN OF AFRICA
\Y
necessary
infrastructure
recommendation
system
for
any
functioning
government.
Perhaps
the
most
important
of this report would be that the initiatives to strengthen identification systems should
pay careful attention to the protection of the right to a nationality and the reduction of statelessness right
from
the
moment
of design.
This
will
include
law
reform
to provide
minimum
protections
against
statelessness, rights of review and appeal, and legal assistance for those who face difficulties proving
their nationality.
Universal birth registration is particularly important to the establishment of the right to a nationality for
every child (either of the state of birth or of the state of origin of one of the parents). There is extensive
international guidance available on the establishment of civil registration systems.°?9 Birth registration
does not, however, provide a complete solution to the problem of statelessness unless it is accompanied
by law and policy reform to provide at least the minimum
rights to nationality outlined in international
law, including the right to nationality of the state of birth if the child would otherwise be stateless; and to
establish
child
protection
systems
recognised and documented
that ensure
that children
at risk of statelessness
are
in practice
as nationals of the state of birth or, where appropriate, the state of origin
of their parents.%9°
In a context where
civil registration
is currently very
incomplete,
the achievement
of universal
birth
registration would, in any event, only create a documentary record of all adult residents after a delay of
70 years or more. Adult registration processes are therefore required for registration to be completed.
In some
countries where birth registration was
low, registration rates have been
rapidly increased by
processes to establish late registration of birth, fully integrated into existing civil registration systems.**'
In others, there have been free-standing adult registration drives, in which a range of different types of
evidence have been accepted that a person is a national.
The proposal in Somalia for the creation of a biometric database of all residents, without distinction as
to nationality or not, is loosely based on the biometric identity system in India known as the “Aadhaar”
number,
rolled out for all residents
of India. This proposal
has a certain attraction
in a state where
existing identity infrastructure is weak, and where the nationality status of many is uncertain. However,
there is a need for careful debate and consideration as to whether an identity register delinked from civil
registration, voter registration, nationality administration and other efforts to (re)constitute the state and
effective government is the best solution to the most pressing problems related to identification in Somali
society. The status of minorities in Somalia as full citizens of the modern state has been controversial
for many decades. Their future ability to participate in politics and society will depend ultimately on their
323 UN Statistics Division, ‘Handbook on Civil Registration and Vital Statistics Systems: Preparation of a Legal Framework’, Studies in Methods, Series F (New
York: United Nations, 1998), https://unstats.un.org/unsd/publication/SeriesF/SeriesF_71E.pdf; UN Statistics Division, ‘Guidelines on the Legislative Framework
for Civil Registration, Vital Statistics and Identity Management; Second Draft’ (New York: United Nations, January 2019),
https://unstats.un.org/unsd/demographic-social/Standards-and-Methods/files/Handbooks/crvs/CRVS_GOLF_Final_Draft-E.pdf; UN Statistics Division,
‘Principles and Recommendations for a Vital Statistics System, Revision 3’, Statistical Papers, Series M (New York: United Nations, 2014),
http://unstats.un.org/unsd/demographic/standmeth/principles/M19Rev3en. pdf.
330 Manby,
“Legal Identity for All’ and Statelessness’.
331 This was the case in South Africa, for example. Jaap van der Straaten and Anna Zita Metz, ‘South Africa ID Case Study’, Identification for Development
Initiative (World Bank, 2019), http://documents.worldbank.org/curated/en/315081558 706143827/South-Africa-ID-Case-Study.
UNHCR
— December 2021
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