An Evaluation of Pledges to Eradicate Statelessness in the SADC
GCR. Efforts made toward the eradication of statelessness are often manifestations
of pre-existing national, regional, or international projects that may or may not be
expressed through a pledge. Mauritius, for example, reported at the Preparatory
Meeting in 2019 that 99.7% of children were registered at birth, and that all cases of
late birth registration were referred to and solved by the Civil Status Office and the
Ministry of Gender Equality, Child Development and Family Welfare.
Many of the Forum pledges made in the region were by the UN Country Team
(UNCT), who committed to support or continue supporting governments. Their
work is facilitatory, and progress often reflects ongoing efforts and not necessarily
novel initiatives made through the pledging system. This facilitatory relationship
shows that there is collaboration between states and development actors – a key aim
of the GCR. Yet in the case of statelessness, states must maintain a central role in
addressing systemic exclusion. The UNCT in Angola helped launch a registration
and documentation exercise in 2023 to pave the way for greater access to services
as well as social and economic integration. In Luanda, 1,041 refugees with expired
documentation had been re-registered (UNCT, 2023: 25). Further, authorities
announced that all asylum seekers processed before 2015 would be automatically
recognized. Beginning in 2020, legislative reform was introduced to allow the civil
registration and issuance of ID cards to about 4 million unregistered individuals who
hold a voter’s card and appear in the electoral roll (Offerman, 2022: 9).
States engage in regular legislative reform to address gaps in their nationality
laws that have the effect of reducing statelessness. While reform such as this is
situated within the larger global and regional efforts to eradicate statelessness and
institutionalize multi-stakeholder participation, the pledging system is not necessarily
a sine qua non for this reform. A major cause of statelessness is discriminatory
nationality laws that result in direct or indirect exclusion. While not in line with
any specific pledge, Madagascar in 2019 removed gender discrimination from its
nationality law and allowed women to confer nationality on their children on an
equal basis with men. Gender discrimination in the conferral of nationality is one of
the leading causes of statelessness and takes concerted legislative effort to alleviate.
However, as the pledging system and the GCR are voluntarist, the system’s ability to
galvanize legislative and policy reform that is not already in progress may be muted.
The pledging system is designed for the making and monitoring of pledges and
other progress. As pledging and the GCR are voluntary, there is no institutional form
of accountability or enforcement. Pledges can thus be made and remade at succeeding
events, without making any progress. In 2011, Zambia pledged to accede to the 1961
Statelessness Convention, then again in 2019 at the High-Level Segment and has still
not become a state party. The implementation of pledges is often hamstrung by the
slow incrementality of bureaucracy and the mercuriality of changing administrations.
The vast majority of pledges made toward statelessness in the Southern African region
are listed as in the planning stage or in progress. Arguably, as the GCR is built atop
a developmental approach, progress should be measured in the long term. However,
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