CITIZENSHIP AND STATELESSNESS
IN THE HORN OF AFRICA
\Y
a protocol to the African Charter on Human
eradication of statelessness
and
in Africa, which
Peoples’
rights on the right to a nationality and the
is currently in the final stages of consideration by the
political organs of the African Union.
The
League
of Arab States and Organisation
of Islamic Cooperation
(OIC), of which
Djibouti and
Somalia are both members, have both adopted commitments relevant to the ending of statelessness.
The Arab League
Declaration on Women's
Nationality
Rights urges states to grant women
and men
equal rights in transmission of nationality to children and spouses. The Arab Declaration on Belonging
and Legal Identity called on states to ensure that all children are registered at birth and are able to
acquire a nationality. The Covenant on the Rights of the Child in Islam provides for children to have the
right to birth registration and to have their nationality determined.
The minimum
equal
legal reforms required by international law for the prevention of statelessness are the
rights of men
and
women
to confer
nationality on their children,
as well as the attribution of
nationality to children born in the territory of a state who cannot acquire nationality from one of their
parents, and to children found in the territory whose parents are not known.
Experts
recommends
stronger
protections
against
statelessness,
The African Committee of
including
automatic
attribution
of
nationality to a child born in the territory of one parent also born there, and the right of a child born in
the territory and who remains resident during his or her childhood to acquire nationality, at the latest at
majority.
Protection against statelessness in the legal frameworks of the
states considered in this report
In general, laws that are based purely on descent in attribution of nationality at birth; that discriminate
on the basis of sex, ethnicity, religion or similar status; that do not contain
vulnerable
children;
and
that
restrict access
to naturalisation,
place
minimum
significant
protections for
numbers
at risk of
statelessness.
All the countries
in the region base their nationality laws primarily on descent.
protections in law for children of unknown
Although
all have
parents, none provides for children born in the territory who
are otherwise stateless to have the right to a nationality, as required by the African Charter on the Rights
and Welfare of the Child. Djibouti, Eritrea and
Ethiopia are all parties to this treaty, and Somalia has
signed.
Djibouti,
Eritrea and
Ethiopia
are all parties
to CEDAW,
and
they
have
removed
discrimination
transmission of nationality to children and spouses. Somalia is not a party to CEDAW,
in
and Somali
citizenship law continues to discriminate on grounds of sex. Somalia is, however, a member of the Arab
League, which endorses the equal rights of parents.
Somalia’s law also creates risks of statelessness through a presumption of citizenship in favour of those
who are “Somali”, defined as “any person who by origin, language or tradition belongs to the Somali
Nation”. The law does not provide any safeguards against statelessness for those who
might not be
considered “Somali” and yet do not have any other state to call home,
of Somalia’s
UNHCR
— December 2021
leaving members