8.
We call upon ECOWAS Member States to support the development and
adoption of a Protocol on the Right to Nationality to the African Charter on
Human and Peoples’ Rights.
9.
We call upon ECOWAS Member States to set up a Committee at the
ECOWAS level to develop common standards to guide the national legislative
reforms and monitor the progress of implementation of the standards.
10.
We invite ECOWAS to revise its 1982 Protocol on Citizenship so as to
incorporate the right to a nationality; to define ECOWAS’ role in ensuring
access to citizenship; to guarantee others rights enshrined in Community law,
including the right to non-discrimination, democratic participation and due
process of law; and finally to provide a common understanding of the rights of
nationals of West African states as ECOWAS citizens.
11.
We are aware that certain borders inherited from colonization remain
contentious. People living at the borders are affected by this situation and are
often not clearly recognized as nationals of neighboring countries, and thus do
not have access to the administrative services of the concerned States. It is
recommended that a tripartite commission be established, consisting of
representatives from ECOWAS and the concerned States, whose mission is to
determine the identity and nationality of the affected populations. At the State
level, it is recommended that an agency responsible for border management be
established to handle both delineation-related issues and nationality issues of
persons residing in contentious areas.
12.
It is necessary that any territorial dispute brought before the International
Court of Justice or any other judicial or arbitral body lead to a settlement on
the nationality of the concerned persons. It is recommended that States
systematically raise this issue before the judicial or arbitral body in charge of
resolving territorial disputes, or, as an alternative, reach an agreement once the
decision of this given instance is made. It is also recommended that ECOWAS
ensure compliance with this rule.
13.
In the event of State succession, it is important that States grant the population
residing in the affected territories the right to choose nationality. If this right
is not exercised within a set timeframe, we recommend that the concerned
individuals are recognized automatically as holding the nationality of the
country on whose territory they have established their residence if they would
otherwise be stateless. We recommend that ECOWAS enshrine this rule in
Community law.
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