AHMR African Human Mobilty Review - Volume 8 No 3, SEP-DEC 2022
struggle for identification, recognition, and borderline impositions.
The inclusion of stateless and vulnerable persons in global development
discourse, a previously neglected concern, as implied, occupies a primacy in the SDG
aim to ‘provide legal identity for all’ by 2030, including birth registration.38 While
this is praiseworthy, it is subject to criticism due to a lack of clear definition and link
with the ‘right to a nationality’. While the SDGs take birth registration as attaining
legal identity, this may not be the case, as many stateless persons and communities
exist even with their births registered. Advocacies for independent oversight of
executive decisions on legal identity may be reinforced by regulation of enrolment
processes and reforms of nationality laws. These can enhance effective public-driven
identity schemes.39 The challenges associated with the trends of birth registrations,
technological solutions to legal identity problems, and the risks of identification
systems, particularly in the Global South, where a significant population at risk of
statelessness exists, can be further evaluated. Thus, the SDGs’ legal identity target can
be refocused with priority on the ‘right to a nationality’ and practical measures for
addressing the vulnerability of stateless persons.
Unfortunately, the mismatch in citizenship laws, state collapse or changes
in nationality laws, including denationalisation, i.e., the removal of a person’s
citizenship, have potentially rendered many people stateless.41 Yet, complex and
multi-faceted, contentions about appropriate responses to address the rising trend
of statelessness have amplified concerns for the victims’ rights eligibility and legal
personhood. Understanding statelessness and developments requires the need to
link the increasing deprivations, conditions of vulnerability, suspicion, and exclusion
of stateless persons across the world, including people at risk of statelessness. Digging
deeper into the SDGs unearths not only its provisions for stateless persons’ access to
essential services, but its potential for preventing or addressing statelessness. However,
some causes for concern regarding statelessness that need to be renegotiated, also
become apparent upon its critical assessment.
III. THE SDGS AND STATELESSNESS
The purpose of development is to improve human well-being, address human security
problems including poverty, and inclusively enhance opportunity. In September
2015, the United Nations General Assembly adopted the 2030 Global Agenda for
Sustainable Development, replacing the Millennium Development Goals (MDGs)
(2000–2015). It comprised 17 goals across a broad range of areas and challenges to
be addressed — including poverty, education, health, gender and inequality, climate
change and justice. The 17 goals further encompassed a total of 169 targets, with
Manby op cit note 35; Sperfeldt op cit note 35.
Manby ibid.
Sperfeldt op cit note 35.
41
Matthew J Gibney 'Should citizenship be conditional? The ethics of denationalisation' (2013) 75 The Journal of Politics
at 646.
38
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40
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