AHMR African Human Mobilty Review - Volume 8 No 3, SEP-DEC 2022
statelessness, on the one hand, and forced migration, mass migration, trafficking,
and similar phenomena, on the other; and legitimate as well as arbitrary grounds for
deprivation of nationality. Moreover, the role of stakeholders such as the judiciary and
the question of how to include the voices of affected communities in the development
and implementation of laws, policies, and programmes that impact on statelessness
remain examples of ongoing areas of research interest.
At the same time, many newly emerging issues related to statelessness in
Africa should also be interrogated. These are not necessarily unique to Africa, but
their interactions with the continent’s social, economic, cultural, historical, legal,
developmental, and other aspects of African realities could call for a more focused
or context-specific response with a view to preventing and addressing statelessness.
A few key areas — namely, the SDGs, COVID-19, counter-terrorism measures, and
climate change — and their interactions with stateless persons are highlighted below.
First, the implementation of actions directed towards achieving the SDGs
has significant implications for preventing and addressing statelessness. This is
demonstrated, for example, by Badewa’s article. Target 16.9 — ‘Achieve universal
legal identity and birth registration by 2030’37 — is the most obvious candidate for
interrogation in respect of statelessness in Africa, including how ‘legal identity’ is
understood and what it could entail for stateless persons.38 Meanwhile, other SDGs
goals such as Goals 3 (on health) and Goal 4 (on education) are also important.
Another worthy focus, is understanding the impact on statelessness of Goal 10, which
aims to ‘[r]educe inequality within and among countries’, and its corresponding
Target 10.7 on migration, which aims to ‘[f]acilitate orderly, safe, regular and
responsible migration and mobility of people, including through the implementation
of planned and well-managed migration policies’. Since the SDGs are complemented
by the continent-wide Agenda 2063 of the AU, the impact of the implementation of
the latter on statelessness has mostly escaped scrutiny to date.
Secondly, the COVID-19 pandemic sheds light on the disproportionate impact
of health emergency measures on stateless persons. Sharon Kane aptly conveys this
in describing how the initial mantra that ‘we are all in the same boat’ changed to
‘we are all in the same storm, but in different boats’, with stateless persons being
in effect ‘boatless’.39 For example, restrictions on the right to freedom of movement
had disproportionate impacts on stateless persons in Africa. The mostly inwardlooking measures a number of states took to protect their own citizens reveal how
easily refugees and stateless persons can be excluded from humanitarian and other
United Nations Sustainable Development Goals (SDGs) (2015). Goal 16 aims to ‘promote peaceful and inclusive
societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive
institutions at all levels’.
38
See, for example, Bronwen Manby ‘“Legal identity for all” and statelessness: Opportunity and threat at the junction of
public and private international law’ (2021) World Development at 270, for reflections on the advantages as well as risks
posed by the conceptualisation and implementation of measures around Target 16.9.
39
Sharon Kane ‘Caught in the storm without a boat: The impact of COVID-19 pandemic on stateless persons’ (24
January 2022) Refugee Law Initiative Blog on Refugee Law and Forced Migration, available at https://rli.blogs.sas.
ac.uk/2022/01/24/caught-in-the-storm-without-a-boat-the-impact-of-the-covid-19-pandemic-on-stateless-persons/
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