remedies for lost property.45 For stateless persons, states should enact statelessness
determination procedures (SDPs) following UNHCR Guidelines and grant legal status to
confirmed stateless individuals, leading to eventual naturalization.46
d) Legal Identity and Documentation: A key intervention is universal birth registration and ID
issuance. UNHCR's Global Action Plan highlights birth registration as critical to prevent
statelessness.47 States must ensure all children in camps or displaced get birth certificates.
They should provide identity cards or nationality documents to at-risk groups. For example,
Rwanda introduced biometric IDs in post-genocide recovery to resolve "papers" issues.48
Similarly, national ID drives in Somalia and Sudan/South Sudan can regularize status.
Documentation also aids service delivery (schools, voting) and distinguishes genuine refugees
from others, facilitating targeted assistance.
e) Land and Housing Restitution: Following Kampala's lead, governments ought to set up
special Land Commissions to adjudicate IDP property claims.49 For instance, Liberia’s post-war
Truth and Reconciliation Commission recommended restoring land to displaced populations,
and Kenya passed a Land Act (2012) with mechanisms for displaced people. Transitional justice
measures (truth commissions, reparations) should explicitly consider displacement.
f) Inclusion and Social Cohesion: Gender-sensitive measures are crucial: women and girls face
higher risks (sexual violence, trafficking) in displacement, and many nationality laws still bar
mothers from transmitting citizenship.50 Legal reforms should eliminate all gender-based
nationality discrimination, as urged by UNHCR.51
g) Transitional Justice and Accountability: Addressing atrocities and injustices linked to
displacement can defuse cycles of revenge. Tribunals or truth commissions (e.g., Sierra
Leone’s TRC) should include chapters on IDP abuses. Holding perpetrators accountable signals
that violations (e.g., ethnic cleansing of a group) will not be repeated. Justice measures can
also facilitate reconciliation: for instance, including former rebel-turned-displaced persons in
peace talks ensures their needs (land, citizenship) are heard.
6. Best Practices and Lessons Learned
45 Kampala Convention (n 3), art 11; Brookings Institution (n 19).
46
UNHCR,
Guidelines
on
Statelessness
No
1–4
(Geneva:
UNHCR,
2012–2014),
https://www.unhcr.org/statelessness-guidelines.html; UNHCR, Handbook on Protection of Stateless Persons
(n 1).
47 UNHCR, Global Action Plan to End Statelessness (n 43) (Action 7 on ensuring universal birth registration
and nationality documentation for all children).
48 Republic of Rwanda, Law No 17/1999 of 28 October 1999 on Immigration and Emigration as subsequently
amended; see also Human Rights Watch, Ituri: "Covered in Blood": Ethnically Targeted Violence in
Northeastern DR Congo (HRW, 2003) (noting Rwanda's post-genocide efforts to standardize documentation
and resolve identity status).
49 Kampala Convention (n 3), art 12(1)–(2); Brookings Institution (n 19).
50 Stateless Hub, "Africa Region Overview" (n 8); UNHCR, Global Action Plan to End Statelessness (n 43)
(Action 3 on removing gender discrimination from nationality laws); Bronwen Manby, Citizenship Law in
Africa: A Comparative Study, 3rd edn (New York: Open Society Foundations, 2016).
51 UNHCR, Global Action Plan to End Statelessness (n 43), Action 3; USA for UNHCR, "Five Things to Know
About Statelessness" (n 15).
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