CITIZENSHIP AND STATELESSNESS IN THE HORN OF AFRICA \Y their own, leaving them vulnerable to recruitment by armed groups, and other risks.2°8 investigation in 2003 highlighted the particular vulnerability of unaccompanied An in-depth and separated Somali children to trafficking, and to living with a false identity if given asylum in another state.°°° Those fleeing the requirement of compulsory military service in Eritrea, and thus lacking any documents, are also among those most vulnerable to trafficking.2'° Children who are looked after by other families than their birth parents — very common in a region where many have been statelessness. societies. displaced and separated from their families by conflict -— may also be at risk of Formal adoption is rare in such situations and may be considered prohibited in Islamic Yet if a child’s connection to the family that is in fact caring for him or her is not legally recognised, he or she could be unable to establish nationality — even if the birth parents are known also to be nationals of that country. Only a minority of orphans or separated children are at risk of statelessness: if members of the child’s family can be traced, identity and nationality can usually be established (even as an adult). However, where no such information is available (for example, because the child became her family at a very young age), the risks of statelessness are high recognise their status in society. The level of risk will become separated from his or if mechanisms do not exist to apparent as and when identification systems are strengthened, increasing the importance of official recognition of legal status. People of mixed parentage or potential dual nationality Djibouti, Ethiopia and Eritrea have all adopted nationality laws that do not discriminate in transmission of nationality to children, even if they did so in the past. The law of Somalia (and Somaliland), however, continues to discriminate on the basis of sex of the parent. If the child acquires the citizenship of the father there is in principle no risk of statelessness. However, some states do not permit transmission of citizenship from the father to a child born out of wedlock (a formally registered marriage), especially if the child is born outside the country. Moreover, even if the child has the right to the father’s citizenship in law, it may be difficult — or impossible — to establish the right to citizenship to the satisfaction of the authorities of the other state, and obtain identity documents to prove it. This is particularly the case if the child’s birth is not registered. Discrimination in registration of births creates similar problems. Even where there is no gender discrimination struggle to be recognised in law a person of mixed parentage may especially as a national in countries where dual nationality is not permitted, as is the case in Ethiopia. Officials may consider that the person has acquired the other nationality in law, and thus is not eligible for the nationality of the state of birth — whether or not the person has ever sought recognition of the other nationality. This is particularly a problem among border populations, as well as Ethiopians of Eritrean origin (see below). 208 UNICEF, Somalia Child Protection Strategy Note 2018-2020, http://files.unicef.org/transparency/documents/Somalia%205.%20Child%20Protection.pdf. 203 Lucy Hannan, ‘A Gap in Their Hearts: The Experience of Separated Somali Children’ (UN Office for Coordination of Humanitarian Affairs, 2003), http://www.childtrafficking.org/pdf/user/ocha_gap_in_their_hearts_somalia.pdf. 710 US State Department Office to Monitor and Combat Trafficking in Persons, “2020 Trafficking in Persons Report: Eritrea” https://www.state. gov/reports/2020-trafficking-in-persons-report/eritrea/. 50 UNHCR — December 2021