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