CITIZENSHIP AND STATELESSNESS IN THE HORN OF AFRICA \Y 6. International and African law The right to a nationality in international law?” Some protections against statelessness are amongst the longest standing provisions established by multilateral agreement in international law. The Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws, adopted in 1930 under the auspices of the League of Nations, was intended to ensure that each person had a nationality (at that time, just one nationality), and was the first to codify the protections against statelessness for children of unknown parents or whose parents were of unknown nationality or stateless.2”° These principles have been strengthened with the institution of the international human following the second world war. Article 15 of the 1948 Universal Declaration of Human rights regime Rights provides that “(1) Everyone has the right to a nationality”, and that “(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.” This right has been elaborated upon in subsequent treaties, including the International Covenant on Civil and Political Rights (ICCPR), Article 24, 276 and the Convention on the Rights of the Child (CRC), which provides in Articles 7 and 8 for every child to have the right to birth registration and to acquire a nationality, and for states to ensure the implementation of these rights, in particular where the child would otherwise be stateless.2”” The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMV) also provides that “Each child of a migrant worker shall have the right to a name, to registration of birth and to a nationality” (Article 29). In relation to non-discrimination, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) requires that women be granted equal rights with men in respect of transmission of 274 This section is substantially the same as the text published in previous reports by the author for UNHCR on statelessness in East and Southern Africa. 275 Haque Convention on Certain Questions Relating to the Conflict of Nationality Laws, 1930. Article 14: ‘A child whose parents are both unknown shall have the nationality of the country of birth. If the child's parentage is established, its nationality shall be determined by the rules applicable in cases where the parentage is known. A foundling is, until the contrary is proved, presumed to have been born on the territory of the State in which it was found.’ Article 15: : ‘Where the nationality of a State is not acquired automatically by reason of birth on its territory, a child born on the territory of that State of parents having no nationality, or of unknown nationality, may obtain the nationality of the said State. The law of that State shall determine the conditions governing the acquisition of its nationality in such cases.’ 276 ICCPR Art. 24: “1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State. 2. Every child shall be registered immediately after birth and shall have a name.3. Every child has the right to acquire a nationality.” 277 Article 7: “1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents. 2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.” Article 8: “1. States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference. 2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity.” 62 UNHCR — December 2021