UNHCR, APRIL 2023
REFUGEES FROM GENERATION TO GENERATION
As UNHCR notes, “Host countries sometimes adopt an incremental approach to local integration by
granting permits to stay that gradually lead to a wider range of rights and entitlements over time.” 140
Thus, in some protracted refugee situations, a form of permanent residence status has been provided to
refugees as a step towards eventual naturalisation (if that is desired). This has been the approach in
Zambia, for example, among Member States of the ICGLR. 141
There are no established standards in international or regional law on the provision of permanent
residence status to refugees or others. However, the obligation to end statelessness requires that an
interim status should be transitional, and in particular that children born in the territory should not inherit
such a status but should rather have the right to acquire the nationality of that country if they do not
acquire the nationality of either parent (see next heading).
Acquisition of nationality by refugees
The Dar es Salaam Declaration of the ICGLR committed states to adopt a common approach for the
ratification and implementation of the UN Conventions on Statelessness, and to harmonise related
national laws and standards. 142 In 2017, ICGLR Member States strengthened these commitments by
adopting a Declaration and Regional Action Plan on the Eradication of Statelessness. 143 The Declaration
and Plan of Action commit ICGLR Member States to ratification of the UN conventions on statelessness,
reform of nationality laws to bring them into line with international standards on nationality and
statelessness, adoption of national action plans to end statelessness, and nomination of government focal
points on statelessness.
Facilitated naturalisation
The 1951 UN Convention Relating to the Status of Refugees provides that states parties “shall as far as
possible facilitate the assimilation and naturalisation of refugees”, by such measures as expediting
proceedings and reducing the costs of naturalisation (Article 34); a similar clause is included in the
Convention relating to the Status of Stateless Persons (Article 32). The 1969 OAU Convention Governing
the Specific Aspects of Refugee Problems in Africa requires countries of asylum to use their best
endeavours to “secure the settlement” of refugees who are unable to return home (Article II.1). The
Committee of Ministers of the Council of Europe has adopted a recommendation that provides more
detail on what facilitated naturalisation may require in the European context, including relaxation of
conditions and fees in certain circumstances. 144
Only a minority of African states provide for facilitated naturalisation for refugees in law. However, there
have been a number of recent efforts to provide naturalisation for very long-term refugees and migrants,
140
UNHCR’s 10-Point Plan of Action on Refugee Protection and Mixed Movements, Chapter 7: ‘Solutions for
Refugees’, p.186.
141
For details, see ‘Strategic Framework for the Local Integration of Former Refugees in Zambia’, Ministry of Home
Affairs, Republic of Zambia, January 2014 https://solutionsalliance.org/system/files/resources/STRATEGIC FRAMEWORK-FOR-THE-LOCAL-INTEGRATION-OF-FORMER-REFUGEES-IN-ZAMBIA.pdf; ‘Field evaluation of local
integration of former refugees in Zambia’, U.S. Department of State, April 2014 https://20092017.state.gov/documents/organization/235057.pdf.
142
Dar-es-Salaam Declaration on Peace, Security, Democracy and Development in the Great Lakes Region, ICGLR,
adopted by the First Summit of Heads of State and Government, Dar -es-Salaam, 19-20 November 2004, paragraph
68,
available
at:
http://www.icglr.org/images/Dar_Es_Salaam_Declaration_on_Peace_Security_Democracy_and_Development.pdf
143
Declaration on the Eradication of Statelessness, adopted by Ministers of Foreign Affairs of ICGLR Member States,
June 2017, available at: http://www.refworld.org/docid/59e9cb8c4.html; Consolidated Action Plan of the ICGLR on
the Eradication of Statelessness 2017-2024, available at: https://www.refworld.org/docid/60e70b3f4.html.
144
Council of Europe Committee of Ministers Recommendation No.R(99)18 on the avoidance and redu ction of
statelessness, 15 September 1999.
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