STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY
documents led to it being dropped from the migration deal reached in Malta in 2015.161 However, failure of
African countries to provide effective consular assistance to their citizens abroad, including issue of
citizenship papers to stranded migrants in the EU, Gulf States, or elsewhere, leaves many at risk of long term
detention and in some cases also statelessness. Children born abroad of parents whose status is irregular
are at high risk of not having their births registered, and thus are at increased risk of statelessness, especially
if they become separated from their parents.
In 2015, the International Refugee Rights Initiative published a report highlighting the situation of African
deportees from Israel.162 In the two and a half years before the report’s publication, approximately 10,000
African asylum seekers had left in departures classified by Israel as “voluntary”, but following severe pressure
exerted by the Israeli authorities, including extended detention. The majority of those who have left Israel
were returned to Sudan and Eritrea, their countries of origin. However, more than 1,500 asylum seekers
believed to be from Eritrea and Sudan have also been deported from Israel to officially unidentified “third
countries”, since they are not willing to return to their country of origin. Most of these are sent to Rwanda
and some to Uganda. They arrive in these countries without valid documents permitting them to stay as legal
residents, and no procedure is in place to determine their status, including a possible claim to asylum. They
are housed for a few days, but then abandoned. In the absence of any legal status where they now are, these
deportees often set off once again on the dangerous road to try to enter the European Union states. The
Rwandan government denies these reports.163
Arbitrary deprivation
Regular UN resolutions have confirmed that “arbitrary deprivation of nationality, especially on discriminatory
grounds such as race, colour, sex, language, religion, political or other opinion, national or social origin,
property, birth, or other status, including disability, is a violation of human rights and fundamental
freedoms”.164
The African Commission on Human and Peoples Rights has also condemned deprivation of nationality as a
violation of Article 5 of the African Charter, affirming the right to legal status.165 In African states, it is far
more common for deprivation to take the form of annulment or non-renewal of documents, retrospectively
denying that nationality was ever obtained, rather than implementation of the formal processes for
deprivation under the law (which are often restricted to naturalised citizens). By withdrawing recognition of
citizenship that a person has previously held from birth, the government will leave that person stateless
unless they are already in possession of another nationality.
Tanzania has attempted to strip troublesome individuals of their citizenship several times. In 2001, the
government declared that four individuals were not citizens, though giving them the option of applying for
naturalisation; the move was interpreted as reprisal for independent media criticism of political and
economic developments in Tanzania.166 In 2018, the African Court on Human and Peoples’ Rights found
161
Matthew Holehouse, “EU drops plan to give African migrants deportation papers”, The Telegraph (London), 11 November 2015.
For a West African case study see, Florian Trauner and Stephanie Deimel, “The Impact of EU Migration Policies on African
Countries: The Case of Mali”, International Migration, Vol. 51, No. 4, 2013.
162
“I was left with nothing”: “Voluntary” departures of asylum seekers from Israel to Rwanda and Uganda, International Refugee
Rights Initiative, September 2015.
163
Rwanda government focal point on statelessness, “Comments on the Draft Study on Citizenship and Statelessness in EAC”, April
2018.
164
UN Human Rights Council biannual resolutions on “Human rights and arbitrary deprivation of nationality”, the most recent
adopted on 24 June 2016, A/HRC/32/L.8.
165
See African Commission on Human and Peoples Rights, The Right to Nationality in Africa, 2014.
166
“Tanzania drops envoy to Nigeria over citizenship”, The Guardian, Dar es Salaam, 5 February 2001. The four were Timothy
Bandora (the country’s then High Commissioner to Nigeria); Jenerali Ulimwengu (a leading publisher, journalist, media proprietor
and chief executive of Habari Media Limited and also a former Tanzanian diplomat and member of parliament, who was born and
44
UNHCR / September 2018