1.1. The Context of Statelessness in Africa
Statelessness is a serious human rights issue
affecting millions of people worldwide, including
2. Conflicts or gaps in nationality
many in Africa who do not have a legally
laws
recognised
nationality,
African nationality laws are mainly based on
stateless persons are unable to access basic
birth within the country (jus soli) or on
nationality.
Without
rights and services and often live on the margins
of society.
Although
the
precise
Commissioner
estimates
from
a
citizen
parent
(jus
sanguinis). Where these rules are unclear,
restrictive, or inconsistently applied, people
number
of
stateless
persons remains unknown, the United Nations
High
descent
that
at
for
Refugees
least
4.4
(UNHCR)
million
people
globally are stateless.[1] The true number is likely
much higher, especially in Africa where many
fall through the cracks. For instance, if a
child is born to stateless parents or their
parentage is unknown (e.g. in the case of a
“foundling” or abandoned child), inadequate
legal safeguards may exclude them from
acquiring nationality.
cases remain undocumented or unreported.[2]
3. Civil registration and
Causes of Statelessness in Africa
documentation systems
Birth registration and identity documents
Statelessness on the continent arises from a
are essential for proving nationality. In many
combination of factors.[3]
African States, however, civil registration
systems suffer from:
limited geographic coverage
1.Colonial and post-colonial legacies
The
borders
drawn
by
colonial
administrative fees and penalties
powers
documentation
requirements
many
divided ethnic and cultural communities
cannot meet
across multiple States. At independence,
language or literacy barriers
many communities were left without a clear
discriminatory practices by officials
or recognised nationality. State succession -
These
the
marginalised
formation
of
new
states
or
the
barriers
disproportionately
groups,
including
affect
ethnic
redefinition of borders – has created similar
minorities, women, nomadic communities,
problems. For example:
persons with disabilities, and those living in
Sudan/South Sudan secession
poverty. Those left undocumented may find
Ethiopia/Eritrea border dispute
it difficult to prove nationality or prevent
Nigeria/Cameroon
conflict
(Bakassi
arbitrary revocation.
between
changing
[1] UNHCR Global Trends available at:
Peninsula)
Communities
caught
borders often struggle to prove legal ties to
either the predecessor or successor state –
particularly
where
discrimination
who is recognised as “belonging”.
affects
https://www.unhcr.org/refugee-statistics.
[2] https://www.statelesshub.org/theme/data-and-statistics
[3] For a comprehensive overview see: African Commission on Human
and Peoples' Rights, African Commission on Human an Peoples' Rights
- The Right to Nationality in Africa, May 2014 available at
https://www.refworld.org/reference/regionalreport/achpr/2014/en/1
03644..
11
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