The Role of Colonialism in Creating and Perpetuating Statelessness in Southern Africa
and biometric.22 Paradoxically, these efforts are exposing more people to risk as
most people learn their nationality is questioned while trying to access documents.
Similarly, the push to document more people runs the risk of leaving undocumented
people even further left behind. In some cases, people who were previously treated as
citizens are being refused nationality documents.23
One of the most prominent causes of statelessness in Southern Africa is the
lack of birth registration. While birth registration does not confer citizenship, all
identity documents rely on proof of birth and nationality. It is impossible to claim
nationality without a birth certificate. Identity documents are a fundamental feature
of life and social and civic participation.
In its General Comment on Article 6 on the Rights and Welfare of the Child,
the African Committee of Experts on the Rights and Welfare of the Child focuses
specifically on the issues related to birth registration across Africa. It claims: “The
right to birth registration is one of the rights that consistently appears not to be fully
implemented by States parties.”24
It lists poverty, lack of education, gender discrimination, ethnic discrimination,
or membership of a vulnerable group — such as refugees or irregular migrants —
as common barriers to registration. A lack of decentralised, properly managed civil
registrations also contributes.
More than half of the children born in Africa are not registered at birth.25 The
United Nations Development Programme (UNDP) has noted that more than half of
all children in the SADC region are still unregistered at age five. Birth certificates are
not issued immediately in some regions and take weeks or months to be issued. In
other cases, issuing birth certificates requires administrative processes or costs that
are not accessible to all parents.
Nationality deprivation and denationalising has seen a resurgence in recent
years, primarily, ostensibly as a counter-terrorism or security tool.26 The focus on
nationality has increased in the globalisation era, including in Southern Africa.
As absolute migration continues to grow, it has become an increasingly important
tool for classifying people, and citizenship is increasingly being used as a migration
management tool. United Nations (UN) Secretary-General Antonio Guterres has
warned that damaging forms of nationalism and anti-migrant and anti-refugee
sentiments are at risk of driving statelessness upwards.27 Citizenship deprivation
World Bank ‘Identification for Development (ID4D) 2018 Annual Report’ World Bank Group (2018), available at
https://id4d.worldbank.org/sites/id4d.worldbank.org/files/2018_ID4D_Annual_Report.pdf
23
Manby op cit note 6.
24
African Committee of Experts on the Rights and Welfare of the Child (ACERWC) ‘General comment on Article 6 on the
rights and welfare of the child’ (2014), available at https://data2.unhcr.org/en/documents/download/62899
25
United Nations Children’s Fund (UNICEF) ‘Crisis of invisibility in Sub-Saharan Africa: Less than 1 in 2 births registered’
Press release (07 December 2017), available at https://www.unicef.org/wca/press-releases/crisis-invisibility-sub-saharanafrica-less-1-2-births-registered
26
Global Citizenship Observatory (EUI) & the Institute on Statelessness and Inclusion (ISI) ‘Instrumentalising citizenship
in the fight against terrorism’ (March 2022), available at https://files.institutesi.org/Instrumentalising_Citizenship_
Global_Trends_Report.pdf
27
United Nations (UN) ‘“Dangerous nationalism” seriously threatens efforts to tackle statelessness: UNHCR chief ’ UN
News (7 October 2019), available at https://news. un.org/en/story/2019/10/1048722
22
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