CITIZENSHIP AND STATELESSNESS
IN THE HORN OF AFRICA
\Y
legal recognition as nationals (though legal nationality is never a sufficient solution to social and political
exclusion, it is almost always a necessary starting point). The design of identification systems — including
those intended to avoid these problems by postponing a decision on nationality —is thus highly sensitive.
There
is a need for careful attention to detail, and efforts to establish political consensus,
avoid
reinforcing
existing
exclusions
or creating
new
ones.
While
Somalia
is perhaps
in order to
the most
challenging environment, the same issues arise in all countries of the region.
Any discussion of the best institutional arrangements to manage these issues must therefore focus on
the
reality that in contexts
where
a very
large
percentage
of people
currently do
not have a
birth
certificate or any other official identity document, alternative systems for proof of identity are necessary
for initial enrolment to take place. Important lessons can be drawn for identity registration from the history
of establishing
states.
independent electoral commissions,
In the Horn of Africa in particular, where
enrolment
processes
establishment
of
require
many
independent
individual
identity
responsible for voter registration in many African
existing identity infrastructure is weak,
decisions
commissions
over
could
who
play
is
eligible
a critical
for
role
and adult
nationality,
the
ensuring
that
in
statelessness is prevented and reduced as identification systems are strengthened.
It is
particularly
important
that
the
regulatory
framework
for
determination
of
nationality
clearly
establishes the evidence — including witness testimony where no documents are available -- that must
be provided for a previously undocumented
the ways
in which
a decision to deny
person to be recognised as a
nationality may
be challenged
citizen or not, and sets out
both administratively and
in the
courts.*** If such protections are built in as new systems are rolled out, with the political backing for their
inclusion, the inadvertent creation of stateless populations can be avoided.
What is required is a procedure that first identifies those individuals and groups that are of undetermined
nationality and confirms an existing
nationality or facilitates their acquisition of nationality through
naturalisation. AS a secondary protection, suitable especially for individuals who are not in the country
of their birth, the status of stateless person may be granted, as an interim status pending acquisition of
nationality. The prevention and reduction of statelessness thus requires both the creation of legal routes
to acquire nationality based on birth in the territory or long residence, and the adoption of procedures to
ensure their implementation in practice.
332 Bronwen Manby,
‘The Sustainable Development Goals and “Legal Identity for All’: “First, Do No Harm’’, World Development 139 (2021),
https://doi.org/10.1016/j. worlddev.2020.105343.
76
UNHCR
— December 2021
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents