Bridging the Scholarship Gap on Statelessness in Africa
The article demonstrates aptly why academicians and practitioners should ‘think
about statelessness as one of the threats/ risks associated with protracted refugee
situations’ and give more attention to the link between the risk of statelessness and
local integration as a solution to protracted refugee situations. The cases of Rwandan
and Angolan refugees seeking to regularize their stay in Zambia are deployed to
highlight the risks of statelessness in protracted refugee situations. Issues such as the
risks of cumbersome requirements (for example, the need to have national identity
documents) that refugees have to meet in order to become locally integrated in a host
country especially when their refugee status ceases, the risks of intergenerational
transmission of statelessness to children because their parents have a weak bond with
their country of origin and because Zambia operates on the basis of jus sanguinis and
therefore does not grant citizenship by birth, as well some potential policy solutions
are proffered. While the focus of the article are Rwandese and Angolan refugees
in Zambia, and some comparison with other countries in the Southern African
Development Community (SADC) region on how they have resolved protracted
refugee situations through naturalisation is undertaken, the findings have significant
resonance to other refugees on the continent such as South Sudanese refugees in
Uganda and Congolese refugees in Rwanda.
As can be gleaned from the above, all the articles tackle important and
contemporary issues pertaining to statelessness in Africa. A good number of them
offer a combination of theoretical as well as practical insights. Some also underscore
that part of accountability in upholding the rights of stateless persons should entail
not just taking action, but taking action with a sense of urgency. The articles contained
in this Special Issue are refreshing and do not skimp on depth or detail, but leave no
doubt that much more remains to be done. As a result, one golden thread that runs
through most of the articles is the need for more focused research on statelessness in
Africa- a topic to which this Editorial now turns.
IV. GRAPPLING WITH SOME OLD DEBATES
AND A FEW EMERGING THEMES
Scholarship around statelessness in Africa still needs to grapple with existing debates.
These include: the impact of membership requirements (such as race, ethnicity,
religion) contained in nationality laws on statelessness; prolonged residency
requirements for naturalisation; the disproportionate risks of statelessness and
accompanying protection gaps faced by children36 and women; the links between
See, for example, Yoana Kuzmova and Thomas McGee, ‘Comment on the Zhao Case: Can A “Victory for Human
Rights” in the Netherlands Benefit Children at Risk of Statelessness in the Middle East and North Africa?’ (2022) 4(1)
Statelessness & Citizenship Review 145; Mihloti Basil Sherinda and Jonathan Klaaren “The South African Constitutional
Court Decides Against Statelessness and in Favour of Children: Chisuse v Director-General, Department of Home
Affairs [2020] ZACC 20 (2022) 4(1) Statelessness & Citizenship Review 170; Benyam Dawit Mezmur, ‘Making Their Days
Count: The 1961 Convention on the Reduction of Statelessness and the Convention on the Rights of the Child’(2022)
4(1) Statelessness & Citizenship Review 198; and Jacqueline Bhabha “Editorial” (2022) 4(1) Statelessness & Citizenship
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