An Evaluation of Pledges to Eradicate Statelessness in the SADC
circumstances where critical rights are violated. However, Article 5 of the African
Charter makes provision for the right to the recognition of one’s legal status. Article 6
of the 1999 African Charter on the Rights and Welfare of the Child (hereafter “African
Children’s Charter”) provides for the right to be registered immediately after birth,
asserts that every child has the right to a nationality, and underscore that states have
the responsibility to ensure that children born within their territory, who are not
granted the nationality of another state, acquire nationality. The African Children’s
Charter, however, does not make provision for the right to a nationality of origin. The
2005 Protocol to the African Charter on the Rights of Women in Africa (hereafter
“Protocol on the Rights of Women”), in Article 6(g)-(h), guarantees both men’s and
women’s rights to acquire the nationality of their partner and transmit it to their
children. Therefore, the Protocol on the Rights of Women reinforces that African
women have the right to gain a nationality and to acquire the nationality of their
husbands and supplements the degree of protection.
In 2013, the ACHPR adopted a resolution on the right to a nationality, which
delegated the Special Rapporteur on the Rights of Refugees, Asylum Seekers and
Internally Displaced Persons to undertake a study on nationality laws in Africa. The
“Right to Nationality in Africa” was published in 2014 (AU, 2014). The findings of
the study reiterated the urgent need to develop a further Protocol to the African
Charter to address the various issues of nationality and statelessness in Africa. On 17
February 2024, almost 10 years later, the Protocol to the African Charter on Human
and Peoples’ Rights relating to the Specific Aspects of the Right to a Nationality and
the Eradication of Statelessness in Africa (hereafter “Nationality and Statelessness
Protocol”) was adopted by the ACHPR in Addis Ababa, Ethiopia. The adoption of
this Protocol was truly revolutionary for the African continent and a step in the right
direction to end statelessness in Africa. This Protocol is now a binding document,
and the objectives of the Protocol are laid out in Article 2:
Promote, protect and ensure respect for the right to a nationality in Africa;
Ensure that statelessness in Africa is prevented and eradicated; Determine the
general principles for the prevention, the elimination of the risk of statelessness
and eradication of statelessness in Africa; and Promote the aspirations of the
African people for an African citizenship.
State parties to the African Charter are encouraged to sign and ratify the Nationality
and Statelessness Protocol to facilitate its entry into force. Beyond regional efforts, the
eradication of statelessness receives institutional support through global initiatives.
INTERNATIONAL EFFORTS TO ERADICATE STATELESSNESS
In the last 10 years, there have been great efforts to eradicate statelessness. The
UNHCR’s Global Action Campaign to Eradicate Statelessness, known as the IBelong
campaign and that ran from 2014 to 2024, brought to light the issue of statelessness.
Many of the SADC countries have taken steps to amend the gaps in their legislation
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