CITIZENSHIP AND STATELESSNESS
IN THE HORN OF AFRICA
\Y
continue to shape public consciousness, and as state capacity improves become increasingly important.
The
analysis
in this report is relevant and
important despite the political unrest and
conflict as it is
published.
Key recommendations
In order to strengthen nationality systems and address the risk of statelessness caused by historical and
contemporary migration, some key recommendations are condensed here from the longer list in section
8. The priorities for the states covered in this report and by regional bodies should be:
»
Accession to the international and African treaties that provide for the right to a nationality, the
prevention and reduction of statelessness, and the protection of stateless persons.
»
The incorporation of the measures for the prevention and reduction of statelessness required
by these treaties into their national laws, especially:
o
attribution of the nationality of the country of birth to a child who is not granted nationality
by any other state.
o
removal
of
provisions
in
the
law
and
requirements
in
administrative
procedures
(including birth registration) that discriminate on the grounds of sex of the parent or birth
in or out of wedlock.
«
The review of provisions in the law that create preferential access to citizenship on the grounds
of race, religion or ethnicity or belonging
to an indigenous
group, to ensure that they are in
compliance with international and African standards of non-discrimination and do not create
risks of statelessness.
»
The creation of effective processes for administrative and judicial review of decisions relating to
recognition of nationality and the issue of identity documents, including by
o
The creation of independent oversight mechanisms that can provide a rapid and lowcost review, with a right to be heard and respect for principles of due process;
»
©
Clearly described procedures for access to the courts in such matters;
o
Legal and paralegal support for those whose status is in doubt.
The establishment of procedures to identify those who are at most risk of statelessness; to
determine the nationality of individuals where their status is in doubt; to provide, as an interim
measure, a Status of “stateless person” where an existing nationality cannot be determined; and
to facilitate naturalisation for those who are stateless.
«»
The reform of nationality laws to create in all states at least some basic rights to nationality that
derive from birth and residence as a child in that country, enabling the children of migrants to
be integrated into the national community.
»
The reform of naturalisation procedures to make them accessible to a larger number of people,
and
»
in particular to long-term
refugees,
former
refugees,
stateless
persons
and
persons
of
undetermined nationality.
The achievement of universal birth registration for all children born in the territory of a state, and
facilitation of consular access to preserve the right to the nationality of the country of origin of
the parents.
«
Support for the adoption of the draft Protocol to the African Charter on the Specific Aspects to
the Right to a Nationality and the Eradication of Statelessness in Africa.
6
UNHCR
— December 2021