CITIZENSHIP AND STATELESSNESS IN THE MEMBER STATES OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 2020
Groups at risk of statelessness
The categories of people at risk of statelessness are similar across the African continent, and indeed across
the world. This section outlines these common categories. It is not possible to provide statistics on how
many are stateless: statelessness is often only a situation that becomes apparent over an extended period
of time, after repeated efforts to obtain documents from the authorities of one or more countries. It is, in the
end, an individual and not a group condition, and different members of a group sharing some characteristics
may succeed or fail in obtaining recognition of nationality because of their different circumstances. Thus,
the categories here are of people “at risk of” statelessness: not all those fitting the description of each group
will in fact be stateless, and the level of risk may vary. The categories highlighted below are the following:
Foundlings, orphans and other vulnerable children
People of mixed parentage
Border populations
Descendants of pre-independence or very long-term migrants
Children of more recent migrants
Internally displaced persons
Refugees, former refugees and returnees
When is lack of identity documentation evidence of
statelessness?364
Lack of documentation is in part just one symptom of more general weaknesses in the state. A very large
number of people in Member States of SADC have no documents because they don’t see the point of having
documents, and because they are costly in time and money to obtain. The first point of need is often when
a child should enter school or needs to take an exam, but if schools are inaccessible or of poor quality (either
objectively or as a matter of opinion), then what need for birth registration? If you remain entirely in the
informal sector, a peasant farmer or transhumant pastoralist, then identity documents are not required; if the
police demand money when you cross a border or an internal checkpoint whether or not you have the right
documents, then a passport or identity card does not serve even its most basic use of proving your right to
be present or to travel. If, in addition, obtaining documentation requires a journey to the nearest
administrative centre; a long wait to be seen; a mixture of official and unofficial fees, and at least a day’s lost
income, the cost-benefit analysis looks untempting.
It is not the case that all these people are necessarily stateless as a result: but those who are in this situation
and are in addition members of a social group generally regarded as marginal – including those described
in this study – are certainly at risk of statelessness. It is only in the effort of seeking documents that
statelessness will become apparent.
364
Lightly modified version of text included in the reports Manby, “Migration, Nationality and Statelessness in West Africa”; Manby, “Citizenship and
Statelessness in the East African Community”.
UNHCR / December, 2020
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