Protocol to the African Charter on
the Rights of Persons with
Disabilities (APRD, 2018)
Article
28(4)(d)
mandates
States
to
ensure
children with disabilities have the right to a
nationality,
the
right
to
immediate
birth
registration, the right to a name
Article
7(2)(f)
protects
the
right
to
equal
Treaty body: African Commission on Human
recognition before the law, including the right to
and People’s Rights
hold identity documents or other documents
Ratification status: 15 African States
necessary for the exercise of legal capacity.
Key article(s): Article 28(4)(d) and
Article 7(2)(f)
Both the CRPD and APRD are underpinned for the
following core principles:
equality and non-discrimination
The APRD complements the CRPD and strengthens
disability-inclusive
protections
within
African
human rights law.
dignity and autonomy
meaningful
participation
and
effective
inclusion in society
1.2.3.4 Refugees and Migrants
accessibility and reasonable accommodation.
Refugees and migrants face unique and
heightened risks of statelessness. Many refugees
flee without identity documents, while migrants
often encounter legal and administrative
barriers when trying to access nationality or
obtain documentation in the countries where
they live. Without documentation, displaced
people may lose proof of their nationality, be
unable to pass nationality to their children, and
fall into long-term legal limbo.
Convention Relating to the Status
of Refugees (1951) and its 1967
Protocol
Ratification status: 49 African States
Key article(s): Article 1, Article 27,
Key advocacy priorities:
Civil society can help protect refugees
Article 28, and Article 33
and migrants from statelessness by:
advocating for the domestication of
the
African
Guiding
Principles
on
The 1951 Refugee Convention defines who is a
refugee and establishes the principle of non-
Migration.
refoulement,
promoting inclusive birth registration
refugees to places where their lives are at risk. It
to ensure all refugee and migrant
also recognises the right of refugees to identity
children are registered at birth.
and travel documents, which are critical for
encouraging regional cooperation on
nationality
and
statelessness
which
prohibits
the
return
of
preventing statelessness.
determination.
challenging barriers to naturalisation
and restrictive integration policies.
advocating for the issuance or reissuance
of
documents,
whose
identity
and
travel
especially
for
people
documents
were
lost
or
destroyed during displacement
23
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