AHMR African Human Mobilty Review - Volume 8 No 3, SEP-DEC 2022
conflict, displacement across borders does not automatically result in statelessness or
a lack of protection. Depending on where persons are displaced and for how long,
they may be protected by existing international and domestic legal instruments and
may qualify as asylum seekers or refugees. The following section explores how the
scenarios discussed above can result in statelessness and leave displaced persons
without protection.
IV. CIRCUMSTANCES MAY LEAD TO UNCERTAIN RIGHTS
AND LEGAL STATUSES OF STATELESS PERSONS
Various legal frameworks exist internationally and regionally aimed at the
protection of persons forced or compelled to abandon their homes. The application
of these frameworks depends on the nature of forced displacement. There are two
types of forced displacement: internal and external.71 Internal displacement refers to
the situation where persons or groups of persons who have been forced or obliged
to flee or to leave their homes or places of habitual residence, in particular as a
result of or in order to avoid the effects of armed conflict, situations of generalised
violence, violations of human rights, or natural or human-made disasters, and who
have not crossed an internationally recognised state border.72 On the other hand,
external displacement refers to situations where persons or groups of persons are
forced or compelled to leave their country and seek sanctuary in or protection of
another country. Depending on the nature of the displacement, the affected persons
may fall into the categories of refugees (or asylum seekers), stateless persons, or IDPs.
Affected persons may fall into more than one of these categories and have the rights
and protections of more than one framework.73 In each of the scenarios discussed in
section III, the persons displaced may be at risk of statelessness, but depending on
how they were displaced, and on what state they ultimately find themselves in, they
will enjoy different rights, statuses, and protections.
(a) Statelessness status
Before dealing with how the status of such persons will be determined, it is necessary
to elaborate on how the above scenarios can lead to statelessness specifically. While
in the past, the focus has been on statelessness due to loss of statehood in the sinking
state scenario, recently it has been acknowledged that statelessness is more likely
to result in other discussed scenarios, that is, in the case of rapid- or slow-onset
disasters, or climate change-induced conflict. This can occur because when persons
are forced to migrate, they may lose their identity and registration documentation in
the process.74 This is especially true, for example, in the case of a rapid-onset disaster,
Walter Kälin op cit note 39 at 92.
Internal displacement, available at https://www.internal-displacement.org/internal-displacement.
Walter Kälin op cit note 39 at 92.
74
UNHCR ‘Statelessness and climate change factsheet’ 29 October 2021, available at https://www.refworld.org/
docid/617c01da4.html, accessed on 7 February 2022.
71
72
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