AHMR African Human Mobilty Review - Volume 8 No 3, SEP-DEC 2022
the creation of conditions conducive to the growth of human self-esteem through
social, political, and economic systems and institutions that promote human dignity
and respect. The third aspect presupposes increasing people’s freedom by enlarging
their range of choice variables, such as goods and services.8 The reality that stateless
persons co-exist on the margins of society globally, and remain unheard, unnoticed,
and neglected, challenges the fundamental principles of the global development
agenda and human rights, as advanced by the Universal Declaration of Human
Rights (UDHR)9 over the past seventy years.
Statelessness has been attributed to several causes, ranging from discrimination
in nationality laws (based on racial, ethnic, religious, gender, or linguistic minority
status), to challenges of birth registration and documentary proof of identity.
Other factors include state succession, conflicts between nationality laws, wars
and displacement, and lack of safeguards to avert statelessness in nationality laws.
Displacement may serve as a cause and consequence of statelessness. When induced
by human rights abuses and abysmal development outcomes against vulnerable
and deprived populations, statelessness may propel voluntary movement or
forced displacement of people across international borders. Likewise, protracted
displacement prompted by irregular migration may also result in statelessness.10
Moreover, occurring at different times, and in different contexts, all regions of
the world are confronted by problems inducing statelessness. For example, members
of Europe’s Roma community were rendered stateless when the post-World War I
(1914–1918) new state system could not accommodate them. Furthermore, the
Palestinians, the Tamils of Sri Lanka, and the Kurds across the Middle East have
become stateless due to empire collapse, occupation, or decolonisation.11 In Africa,
groups at risk of statelessness fall into five categories. These include: (a) orphans,
abandoned infants, and other vulnerable children, including those trafficked for
various purposes; (b) people of mixed parentage; (c) border populations, including
nomadic and pastoralist ethnic groups who regularly cross borders, as well as those
affected by border disputes or transfers of territory; (d) migrants — historical or
contemporary — without (valid) documentation of nationality, especially their
descendants, refugees, and internally displaced persons (IDPs); and (e) those
deported or returned to a country ‘of origin’ where they have limited, or no current
ties.12
This study reveals that states’ unwillingness or inability to provide accurate
data, inadequate mechanisms for registering stateless persons, and the lack of
Michael P Todaro & Stephen C Smith Economic Development 6 ed (2014) 12.
United Nations (UN) 'Universal Declaration of Human Rights' (1948) 4, available at https://www.un.org/sites/un2.
un.org/files/2021/03/udhr.pdf
10
UNDG op cit note 6 at 5.
11
UNHCR 'Citizenship and statelessness in the member states of the Southern African Development Community' (2020)
7 SSRN Electronic Journal, available at https://doi.org/10.2139/ssrn.3783295
12
African Commission on Human and Peoples’ Rights (ACHPR) 'The right to nationality in Africa' African Union (AU)
(2015).
8
9
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