CITIZENSHIP AND STATELESSNESS IN THE MEMBER STATES OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 2020 commenced for the others. Applications for naturalisation were accepted on the basis of reduced fees of US$50, paid by UNHCR (compared to $800 for regular naturalisation at that time).316 The process faced numerous delays, but as of April 2016, 162,156 applications had been approved, and 151,019 naturalization certificates distributed, while 11,000 individuals had not collected their certificates (among them 3,000 reported as deceased).317 Aurther verification process was undertaken in 2017/18, and found that a total of 69,369 long term Burundian refugees in Tanzania remained without a “durable solution” to their situation.318 This large residual figure is an indication of how even such attempted “comprehensive solutions” can still leave eligible individuals without a solution in their case unless there is persistent follow up and satisfactory appeal and review processes. Other countries that have taken steps in this direction include Zambia. Following the cessation of refugee status for Angolans in 2012 and Rwandans in mid-2013, Zambia agreed to the local integration of an estimated 10,000 Angolans and 4,000 Rwandans. However, despite residence in the country over some decades (and effective integration within rural populations319) this status would only create eligibility for naturalisation after another ten years.320 Under the new constitution adopted in 2016, children of refugees born in Zambia would have the right to apply for citizenship at majority.321 A strategic plan on civil registration also included a focus on the children of refugees.322 In Lesotho, the fees for acquiring citizenship are reduced for refugees (in line with the provisions of the Refugee Act, noted above): an application for naturalisation costs M2,000 (approx. US$115), with a further M70,000 (approx. US$4,000) to pay on acquisition of citizenship; refugees, however, only have to pay the initial application fee.323 Recovery of nationality by those who left the country as refugees may also be a challenge. The most deliberate effort to restore citizenship has been conducted by Namibia, which in 1991, just one year after independence, supplemented its Citizenship Act with specific legislation offering Namibian citizenship to those who would have been Namibian citizens if they or their ancestors had not fled persecution before 1915.324 These people, largely Herero who had fled the German genocide of their people from 1904 to 1907, 316 Government Notice (G.N.) No.262 of 3 August 2012 increased the cost of naturalisation to $5000. 317 UNHCR, Tanzania: Mpanda Operational Update, Special Edition for April 2016. These processes have been quite extensively documented: see discussions in Manby, “Citizenship and Statelessness in the East African Community”; Manby, Citizenship in Africa, chap. 9.2. 318 There was a total of 17,072 outstanding cases connected to the naturalisation applications of 2009/10, and an additional group of 52,297 people never captured in the original process. The 17,062 outstanding cases were made up of: (a) 2,152 applications that were refused; (b) 6,620 children born after the parents had applied for naturalisation and before naturalisation was granted; (c) 8,300 who had not collected their naturalisation certificates. Among these, UNHCR partners assisted those whose application had been refused to appeal the decision, and submitted applications on behalf of the children. For the 52,297 newly listed individuals, the government of Tanzania accepted that 40,455 qualified for a “local solution”, but 11,843 were disqualified for not being linked to the 1972 refugee group. Information from UNHCR Representation in Dar es Salaam, updated February 2020. 319 Oliver Bakewell, “Repatriation and Self-Settled Refugees in Zambia: Bringing Solutions to the Wrong Problems”, Journal of Refugee Studies 13, no. 4 (2000): 356–73, https://doi.org/10.1093/jrs/13.4.356. 320 “Zambia says won’t give Angolan refugees citizenship because it’s not their right”, Zambian Watchdog, 22 June 2012. Strategic Framework for the Local Integration of Former Refugees in Zambia, January 2014; “Field evaluation of local integration of former refugees in Zambia” U.S. Department of State, April 2014; “Zambia, UNHRC launch local integration strategy framework”, PANA, 30 April 2014; Arthur Simuchoba, “How Did Zambia Become the Continent-Leader in Refugee Integration?”, African Arguments, 17 June 2014 <http://africanarguments.org/2014/06/17/zambia-continent-leader-inrefugee-integration-by-arthur-simuchoba/>. 321 Constitution of Zambia, 2016, art. 37. 322 National Strategic Action Plan For Reforming And Improving Civil Registration And Vital Statistics: Implementation Period 2014 –2019, Zambia Ministry of Home Affairs, Department of National Registration, Passports and Citizenship http://www.crvs-dgb.org/wp-content/uploads/2015/11/Zambia-NationalStrategic-Action-Plan-for-CRVS.pdf 323 Ministry of Home Affairs Lesotho, response to request for information from UNHCR, May 2020. 324 Namibian Citizenship Special Conferment Act, No.14 1991. UNHCR / December, 2020 78

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents