Peoples’ Right to a Nationality
rights. 103 Since 2015, other RECs have also taken initiatives to move the right to
nationality and statelessness agenda within the frame of the Banjul Charter
forward. 104
An important development in the efforts to eradicate statelessness has been the
establishment of national and regional statelessness determination procedures as
advocated by UNHCR. In Europe, scholars such as Gábor Gyulai, Caia Vlieks and
Katja Swider have described the establishment of such procedures in France,
Georgia, Hungary, Italy, Latvia, Moldova, Spain, Turkey and the United Kingdom
as commendable. 105 Others, such as Noémi Radnai, have also been advocating for
greater harmonisation of the procedures with the EU in line with the Meijers
Committee for regional legal instruments and mechanisms, to ensure a
standardised EU procedure on statelessness determination status. 106 In Africa, the
issue of statelessness determination procedures is also becoming fertile ground for
researchers such as Raymond Atuguba, Francis Tuoukou and Vitus Gbang as well
as Solomon Oseghale Momoh, Hanneke van Eijken and Cedric Ryngaet. 107 While
launching the new African Humanitarian Policy Framework, the AU Commission
promised to ‘[support] Member States in finding appropriate solutions for
Stateless persons, including identification, documentation and other necessary
assistance’. 108
103 See Zahra Albarazi, Regional Report on Citizenship: The Middle East and North Africa
(Global Citizenship Observatory November 2017) 10.
104 These include the 2015 Abidjan Declaration on the Eradication of Statelessness (signed and
105
106
107
108
entered into force 25 February 2015) by the Economic Community of West African States,
the 2016 Resolution on the Prevention of Statelessness and the Protection of Stateless Persons
in the SADC Region, SADCPF40-Res 001/16 (signed and entered into force 15 November
2016) by the SADC Parliamentary Forum, the 2017 Declaration of International Conference
on the Great Lakes Region (‘ICGLR’) Member States on the Eradication of Statelessness, the
2018 N’Djamena Initiative on the Eradication of Statelessness in Central Africa,
CIRGL/CIMR/DEC/15/10/2017 (signed and entered into force 16 October 2017), just to
name a few.
Gábor Gyulai, ‘The Determination of Statelessness and the Establishment of a StatelessSpecific Protection Regime’ in Laura van Waas and Alice Edwards (eds), Nationality and
Statelessness under International Law (Cambridge University Press 2014); Caia Vlieks
‘Strategic Litigation: An Obligation for Statelessness Determination under the European
Convention on Human Rights?’ (Discussion Paper No 09/14, European Network on
Statelessness 2014); Katja Swider, ‘Protection and Identification of Stateless Persons
Through EU Law’ (Working Paper Series, Amsterdam Centre for European Law and
Governance 2014).
See Noémi Radnai, ‘Statelessness Determination in Europe: Towards the Implementation of
Regionally Harmonised National Statelessness Determination Procedures’ (Statelessness
Working Paper Series No 2017/08, Institute on Statelessness and Inclusion 2018); Noémi
Radnai, ‘Harmonising Standards on Statelessness Determination in Europe’, European
Network
on
Statelessness
Blog
(Blog
Post,
1
March
2018)
<https://www.statelessness.eu/updates/blog/harmonising-standards-statelessnessdetermination-europe>; Meijers Committee, ‘A Proposal for an EU Directive on the
Identification of Statelessness and the Protection of Stateless Persons’ (13 October 2014)
<https://www.statewatch.org/media/documents/news/2014/oct/eu-meijers-cttee-call-for-anEU-directive-on-the-identification-and-protection-of-stateles-persons.pdf>.
See Raymond A Atuguba, Francis Xavier Dery Tuokuo and Vitus Gbang, ‘Statelessness in
West Africa: An Assessment of Stateless Populations and Legal, Policy, and Administrative
Frameworks in Ghana’ (2020) 8(1) Journal of Migration and Human Security 14; Solomon
Oseghale Momoh, Hanneke van Eijken and Cedric Ryngaet, ‘Statelessness Determination
Procedures: Towards a Bespoke Procedure for Nigeria’ (2020) 2(1) Statelessness &
Citizenship Review 86.
African Union Commission, Department of Political Affairs: Humanitarian Affairs, Refugees
and Displaced Persons Division, African Union Humanitarian Policy Framework (20
November 2015) 13 [56].
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