CITIZENSHIP AND STATELESSNESS
IN THE HORN OF AFRICA
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Provide in law for administrative and judicial procedures for the determination or certification of
nationality where that is in doubt and for issuance of a document that is conclusive proof of
nationality.
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Provide in law for any vetting systems to verify a person’s nationality, ensuring that they apply
to all applicants equally, have clear criteria and procedures, allow the right to be heard in person
or by a representative, and issue a decision within a reasonable
response to be reasoned and delivered in writing.
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period, with a negative
Provide in law for administrative review of decisions relating to determination or certification of
nationality,
including
issue
of
identity
documents
(complaints
systems
and
independent
oversight commissions), and also facilitate legal assistance and low-cost access to the normal
courts responsible for similar matters.
»
Establish
a statelessness
determination
procedure,
which
can
grant the status of stateless
person as an interim measure to an individual whose nationality cannot be confirmed according
to the previous procedures, and facilitate the naturalisation of stateless persons.
»
Review regulations to ensure that they are aligned with constitutional and legislative provisions,
and ensure that all rules relating to the grant, recognition, loss or deprivation of nationality are
published in an official journal and on relevant websites.
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Support the finalisation of the draft Protocol to the African Charter on the Specific Aspects of
the Right to a Nationality and the Eradication of Statelessness in Africa at the AU’s Specialised
Technical Committee on Justice and Legal Affairs and subequent adoption of the Protocol by
heads of state and government.
Nationality administration
States should adopt
measures
to increase accessibility, due process, transparency and efficiency in
nationality administration, including by:
»
Ensuring effective processes for administrative and judicial review of decisions relating to the
issue of identity documents:
o
Independent oversight mechanisms
that can provide a rapid and low-cost review, with a
right to be heard and respect for principles of due process;
»
o
Clearly described procedures for access to the courts;
o
Legal and paralegal support for those whose status is in doubt.
Establishing an accessible procedure for the confirmation or determination of nationality, based
on testimony
and
other forms
of proof as well as birth registration,
and
the
issuance
of a
document that is conclusive proof of nationality unless overturned by a court. If nationality of the
country of residence cannot be confirmed,
such
relevant
holds
consular
authorities
if the person
facilitate acquisition of documents
procedures
another
should seek to confirm with the
nationality and
so far as possible
confirming that status. If this is not possible, the person
should be provided protection as a stateless person, as a temporary measure, with facilitated
acquisition of nationality in line with the requirements of the Convention relating to the Protection
of Stateless Persons. Such procedures should be rule-based, transparent, provide for witness
and other forms of testimony as well as existing documentation, and the right to be heard and
to be represented.
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Taking all necessary measures to ensure that all children born in the country are registered at
birth, without discrimination
(including discrimination based on the sex of the parent, children
born in remote areas and in disadvantaged communities, children whose parents are unknown
or of undetermined
UNHCR
— December 2021
nationality, as well as those
in the country as asylum-seekers,
refugees,
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