CITIZENSHIP AND STATELESSNESS IN THE MEMBER STATES OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 2020
2019 generally identified statelessness as a risk in many border areas, including among refugees
(recognised or unrecognised), where lack of identity documents prevented birth registration over multiple
generations.430
Even those refugees returning to Angola, as well as the internally displaced, have had difficulties getting
recognition of their Angolan nationality in the absence of any existing documents.431 Refugees returning from
DRC, and their children born in DRC, have in some cases found it difficult to have their nationality
recognised.432 The internally displaced who never left the country have faced problems in establishing their
identity.433 The Angolan Government established “11 Commitments for Children”, which include birth
registration434, though there are still many difficulties in practice, including for returned refugees and their
children. Some returnees remained without any documentation, most importantly the cedula pessoal, or
“personal record”, equivalent to a birth certificate, that ensures access to schooling for children, and other
rights, and is the basis for issue of a passport or identity card.
Both Angola and Mozambique also host refugees, mostly from the Democratic Republic of Congo (DRC):
just under 70,000 in Angola, and 25,000 in Mozambique.435 UNHCR has advocated for the naturalisation in
Angola of a group of up to 15,000 refugees from Katanga Province of the DRC who have lived in Angola for
more than three decades.436 In Mozambique, the 1991 Refugee Act provides for naturalisation of refugees
on the same terms as other foreigners.437 There has been no effort to facilitate naturalisation for refugees
in Mozambique in practice; however, children of refugees are eligible for Mozambican nationality based on
birth in Mozambique, in line with the general nationality law (see above: Jus soli, double jus soli, and birth +
residence).438
UNHCR has sought to promote legal solutions for children born in the DRC of Angolan parents, or of mixed
Angolan and Congolese parentage who have been denied recognition as Congolese nationals despite
nationality legislation granting citizenship of the DRC to a child with one Congolese parent. A verification
exercise conducted by UNHCR with the Congolese and Angolan governments in 2014 recorded more than
56,000 Angolan former refugees in DRC, of whom eighteen thousand opted for local integration and the
remainder to return to Angola. An Angolan government registration team sent to DRC to provide the former
430
Ministry of Home Affairs and Immigration, Report of the Regional Consultative Meetings on Statelessness from the 3rd June to 26th July 2019.
431
Human Rights Watch, Struggling through Peace: Return and Resettlement in Angola, August 2003; Jerónimo, “Report on Citizenship Law: Angola”.
432
See Evaluation of UNHCR’s returnee reintegration programme in Angola, August 2008.
433
Human Rights Watch, “Struggling through Peace”; Jeff Crisp, José Riera, and Raquel Freitas, “Evaluation of UNHCR's Returnee Reintegration
Programme in Angola” (UNHCR, August 2008).
434
Steve Felton, “With free birth registration, Angola promotes a child's right to legal identity”, UNICEF, 10 August 2010, available at
http://www.unicef.org/infobycountry/angola_55501.htmlhttp://www.unicef.org/infobycountry/angola_55501.html accessed 29 September 2011.
435
See UNHCR Operational Portal at https://data2.unhcr.org/en/countries/.
436
Jack Redden, Harriet Martin, “Thirty years on, UNHCR seeks full integration for Congolese refugees in Angola”, UNHCR, 21 March 2006; UNHCR,
Regional Operations Profile for Southern Africa, 2011; quoted in Manby, “Statelessness in Southern Africa”.
437
Lei nº. 21/91 de 31 de Dezembro, art. 12.
438
UNHCR Regional Bureau for Southern Africa reports that the right under the law of children of refugees born in Mozambique to Mozambican
nationality has been recognized by issue of national identity cards.
UNHCR / December, 2020
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