AHMR African Human Mobilty Review - Volume 8 No 3, SEP-DEC 2022
statelessness Conventions has increased achieved significantly. The Convention
relating to the Status of Stateless Persons,12 has a total of 94 ratifications — almost
one third of which were made in the last decade.13 The ratio of recent ratifications is
even higher for the Convention on the Reduction of Statelessness,14 as more than half
of its 75 ratifications came in the last decade.15
African countries have made their fair share of contributions to this positive
development. Since 2014, Togo (July 2021), Angola (October 2019), Guinea
(September 2016), Mali (May 2016), Sierra Leone (May 2016), Mozambique (October
2014), and the Gambia (July 2014) have ratified both Conventions.16 Moreover, since
2014, Burkina Faso ratified the 1961 Convention (August 2017) and Niger ratified
the 1954 Convention.17
The notion of ‘African solutions to African problems’ seems to have an
increasing resonance within the continent and the African Union (AU). This is still
the case despite the fact that AU human rights bodies that play an important role, for
instance, in monitoring adherence to individuals’ right to acquire a nationality, face
numerous challenges in discharging their duties.18
This recognition seems to be one of the main reasons why the African
Commission on Human and Peoples’ Rights initiated the process of the Draft
Protocol to the African Charter on Human and Peoples’ Rights on the Specific
Aspects of the Right to a Nationality and the Eradication of Statelessness in Africa
(Draft Protocol).19 The Draft Protocol has a number of objectives in regard to
these issues. They include providing legal solutions to practical problems linked to
the recognition and the exercise of the right to a nationality; seeking to eradicate
statelessness; and, identifying the principles that should govern relations between
individuals and states.20
The Draft Protocol has already introduced at least two notable additions that
appear to be informed by the reality on the continent, and which aim to provide more
protection for stateless persons in Africa. The first relates to the very definition of a
‘stateless person’. According to the Draft Protocol, a ‘stateless person’ is defined as
someone ‘who is not considered as a national by any State under the operation of its
United Nations Convention Relating to the Status of Stateless Persons 1954 — adopted on 28 September 1954 and came
into force in 1960.
13
More than 20 states ratified the Convention since 2010. See https://treaties.un.org/pages/ViewDetailsII.
aspx?src=TREATY&mtdsg_no=V-3&chapter=5&Temp=mtdsg2&clang=_en
14
More than 30 states ratified the Convention since 2008. See https://treaties.un.org/pages/ViewDetails.
aspx?src=TREATY&mtdsg_no=V-4&chapter=5&clang=_en
15
United Nations Convention on the Reduction of Statelessness 1961 — adopted on 30 August 1961.
16
See https://www.refworld.org/statelessness.html for more details.
17
Ibid.
18
See, for example, Amnesty International ‘The state of African regional human rights bodies and mechanisms 2019–
2020’ (21 October 2020), available at https://reliefweb.int/sites/reliefweb. int/files/resources/AFR0130892020ENGLISH.
PDF
19
See African Union ‘Draft Protocol to the African Charter on Human and Peoples’ Rights on the Specific Aspects
of the Right to a Nationality and the Eradication of Statelessness in Africa: Explanatory Memorandum’ (Draft revised
June 2018), available at https://au.int/sites/default/files/newsevents/workingdocuments/35139-wd-pa22527_e_originalexplanatory_memorandum.pdf
20
Ibid.
12
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