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
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