CITIZENSHIP AND STATELESSNESS IN THE MEMBER STATES OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 2020
Groups at risk of statelessness
The groups at risk of statelessness in the SADC region are similar to those in the rest of the African continent.
They fall into five main groups: orphans, abandoned infants, and other vulnerable children, including those
trafficked for various purposes; people of mixed parentage; border populations, including nomadic and
pastoralist ethnic groups who regularly cross borders, as well as those affected by border disputes or
transfers of territory; migrants—historical or contemporary—without documentation of another nationality,
and especially their descendants; and refugees and former refugees, as well as some people internally
displaced within borders, and those deported or returned to a country “of origin” where they have few
current links.
The impact of statelessness
The impact of lack of recognition as a national can be severe. Statelessness and discrimination in access to
citizenship and identity documents has a strong negative impact on the ability of individuals and groups to
enjoy respect for their other human rights, and to participate fully in the economic, social and political life of
a country.
The most serious risk is arbitrary detention and expulsion, which can impact not only people who are
foreigners under the law (although very long-term residents), but also people who may in fact be nationals
or entitled to acquire nationality. Where there is a requirement to hold a national identity card, whether
newly instituted or over many decades, lack of an identity card can lead to complete exclusion from many
other rights. These include: the right to vote or stand for public office; the right to freedom of movement;
the right to education, health care, and social protection; and the right to hold or inherit property, or to
participate in the formal economy through employment or access to financial services.
Historically, it has been possible for peasant farmers or nomads in remote areas, or others who remain
entirely in the informal sector, to avoid the need for documentation, even in countries where an ID card has
been established. But requirements to have identity documents are becoming ever more pervasive. Even a
person from the most remote community will interact with the modern state at some point, and therefore
will require a document showing who the person is and, in most cases, to which state or states he or she
belongs. The rules governing automatic attribution or voluntary acquisition of nationality, and the issue of
identity documents recognising nationality, are thus ever more critical.
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UNHCR / December, 2020