1.3. The ACHPR Protocol on the Right to a Nationality
1.3.1 Context and Objectives
The
ACHPR
Protocol
on
the
Right
to
a
Nationality[16], adopted by the AU on 18 February
2024, is a visionary response to the persistent
challenge of statelessness across the continent.
The Protocol represents a commitment by the AU
to advancing legal recognition, inclusion, and
social justice. It aligns with the AU’s Agenda 2063,
which
prioritises
human
rights,
inclusive
governance, and sustainable development.
The objectives of the Protocol, as outlined in
Article 2, are:
The objectives of the Protocol, as outlined in
Article 2, are:
a) To promote, protect, and ensure respect for
the right to a nationality in Africa, recognising
nationality as a gateway to the realisation of
other fundamental rights.
b) To prevent and eradicate statelessness in
Africa, addressing its root causes and providing
robust legal safeguards and policy mechanisms
to combat it.
c)
To establish general principles for the
prevention of statelessness, the elimination of
its risks, and its ultimate eradication across the
continent
d) To promote the aspirations of the African
people for an African citizenship, reflecting the
Pan-African ideal of unity and inclusion.
1.3.2 Content
The ACHPR Protocol on the Right to a Nationality establishes a comprehensive legal framework to
ensure everyone’s right to a nationality and to prevent arbitrary deprivation of nationality.
Key provisions:
1.
The Protocol affirms that everyone has a
2.
The
Protocol
promotes
and
inter-State
right to a nationality and to be protected from
cooperation
collaboration
with
the arbitrary denial or deprivation of nationality.
international and regional agencies: States are
urged to work individually and collectively to
address
References: Article 2 and Article 3
statelessness.
The
Protocol
encourages the creation of mechanisms for
inter-State cooperation and harmonisation of
3.
The Protocol emphasises equal nationality
rights
for
all:
States
must
ensure
nationality
frameworks,
including
sharing
that
information and coordinating solutions for
nationality laws, policies, and practices are free
stateless persons. It also highlights the need
from discrimination. It prohibits discrimination
for
based on race, ethnicity, sex, gender, language,
international agencies that have mandates
religion, political or other opinion, national or
related to statelessness.
collaboration
with
African
and
social origin, socioeconomic status, disability,
birth or other statuses.
References: Article 3(2)(c), Article 8(1),
Article 19, and Article 23
References: Article 3(2), Article 4, and
Article 15(4)
[16]The full text of the Protocol is available at: [4] UN High Commissioner for Refugees (UNHCR), Expert Meeting - The Concept of Stateless
Persons under International Law ("Prato Conclusions"), May 2010, https://www.refworld.org/reference/confdoc/unhcr/2010/en/76005. .
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