Report on Citizenship Law: Nigeria
5.6 Action against statelessness
Nigeria is a party to all the relevant international and African instruments relating to the right
to nationality; and in 2011 it acceded to the 1954 Convention relating to the Status of Stateless
Persons and the 1961 Convention on the Reduction of Statelessness.80 Despite being the first
State in the West Africa sub-region to accede to the 1954 and 61 Conventions,81 Nigeria has
yet to domesticate the Conventions to give them the force of law in Nigeria.82
At regional level, Nigeria has participated in the adoption by the Economic Community
of West African States (ECOWAS) of the Abidjan Declaration on the Eradication of
Statelessness, committing ‘to prevent and reduce statelessness by reforming constitutional,
legislative and institutional regimes related to nationality.’83 In 2017 ECOWAS ministers
meeting in Banjul followed up this Declaration by adopting a Regional Plan of Action to
Eradicate Statelessness in West Africa. Under this plan of action, ECOWAS has stated that:
ECOWAS, in collaboration with UNHCR and the competent institutions of the African
Union, will assist Member States by adopting common standards that will guide the
reform of nationality legislation of West African States, including inter alia the removal
of discriminatory provisions in the transmission of nationality and the inclusion of
safeguards against statelessness to ensure that every child acquires a nationality at
birth.84
The Plan of Action also noted the ‘urgent need to obtain more concrete information about the
sources of statelessness and the obstacles to acquisition of nationality as well as potential ‘at
risk’ groups’.85
At national level, the Government of Nigeria, with support of UNHCR and other
relevant stakeholders, worked to draft a National Plan of Action to end statelessness in Nigeria
in 2016, updated in 2018. As the time of writing this report, the Plan of Action is yet to be
approved by the Federal Executive Council to make it an official policy of the Government.
At the UNHCR High-Level Segment on Statelessness held in Geneva in October 2019, Nigeria
pledged to develop a determination procedure to identify stateless persons, grant protection
status and facilitate appropriate solutions.86
80
Ratification status for UN human rights treaties at http://indicators.ohchr.org/; for the statelessness
conventions at https://treaties.un.org/Pages/ParticipationStatus.aspx?clang=_en; and for the African Union at
https://au.int/en/treaties.
81
UNHCR, Acceding to the UN Statelessness Conventions. Ending Statelessness within 10 Years - Good
Practices Paper Action 9, p.8.
82
Nigeria is a dualist State, as such, foreign treaties or international laws must first be received through an Act
of the National Assembly before they are binding in Nigeria.
83
Abidjan Declaration of Ministers of ECOWAS Member States on the Eradication of Statelessness, 15
February 2015; endorsed by the Communique of the 47th Ordinary Session of the ECOWAS Heads of State, 19
May 2015.
84
Banjul Plan of Action of the Economic Community of West African States (ECOWAS) on the Eradication of
Statelessness 2017 – 2024, 9 May 2017, Preamble, and Strategic Objective 1.3.
85
Ibid., Strategic Objective 2.
86
See UNHCR, Results of the High-Level Segment on Statelessness. Accessed 14/05/2020 via
https://www.unhcr.org/ibelong/results-of-the-high-level-segment-on-statelessness/.
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RSCAS/GLOBALCIT-CR 2020/12- © 2020 Author(s)