CITIZENSHIP AND STATELESSNESS IN THE MEMBER STATES OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 2020 Naturalisation Although the grant of nationality through naturalisation has historically been within the discretion of states, there have been moves towards reducing discretion. At the regional level, the European Convention requires a state to “provide in its internal law for the possibility of naturalisation of persons lawfully and habitually resident on its territory” (Article 6(3)), based on a maximum residence period of ten years, and for facilitated naturalisation for a range of categories of people, including spouses, children of people who have or acquire nationality, refugees and stateless persons.471 In its guidelines on preventing statelessness among children, UNHCR notes that : It follows from the factual character of “habitual residence” that in cases where it is difficult to determine whether an individual is habitually resident in one or another State, for example due to a nomadic way of life, such persons are to be considered as habitual residents in both States.472 Some obligations are placed on states parties to the refugee conventions in relation to facilitating naturalisation of refugees and stateless persons. The 1951 UN Convention Relating to the Status of Refugees provides (Article 34) that states parties “shall as far as possible facilitate the assimilation and naturalisation of refugees”, by such measures as expediting proceedings and reducing the costs of naturalisation. Similar provisions are included in the 1954 Convention relating to the Status of Stateless Person.473 The 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa requires (Article II.1) that countries of asylum should use their best endeavours to “secure the settlement” of refugees who are unable to return home. Both conventions require countries of asylum to issue travel documents to refugees. Almost all African countries are parties to the U.N. Refugee Convention,474 and the great majority to the African Refugee Convention.475 In line with these provisions, Tanzania has facilitated access to naturalisation for refugees, while Zambia has facilitated access to permanent residence, which would in due course provide for access to citizenship (see above: Naturalisation or recovery of nationality by long-term refugees and their descendants). 471 European Convention on Nationality Art. 6(4). 472 UNHCR, Guidelines on Statelessness No. 4, para. 42. 473 Convention relating to the Status of Stateless Persons, 1954, Art. 32. 474 Excluding only Comoros, Eritrea, Libya, and Mauritius. Several countries have entered reservations to Article 34 of the UN Refugee Convention, including Botswana, Malawi, and Mozambique, indicating that they did not accept any obligation to grant more favourable naturalisation rights to refugees than to other foreigners. List of states parties available at the UN Treaty Collection website, together with reservations and declarations https://treaties.un.org/pages/Treaties.aspx?id=5&subid=A&lang=en last accessed 07 February 2020. 475 Excluding Djibouti, Eritrea, Madagascar, Mauritius, Morocco, Namibia, Somalia, and São Tomé & Príncipe, as well as the SADR. All except for Morocco and SADR had signed but not ratified by end 2019. Status of ratifications available on the African Union website http://www.au.int/en/treaties, last accessed 07 February 2020. UNHCR / December, 2020 107