CITIZENSHIP AND STATELESSNESS IN THE HORN OF AFRICA \Y by issue of the necessary documents to confirm that status. State and other agencies supporting vulnerable children should treat the establishment of identity documents and nationality as a priority on the same level as ensuring access to schooling and health care. This is true even where birth registration is not a precondition to access such services. Nationality administration could be significantly improved with greater transparency over decision- making. This would include simplification of the procedures for proof of nationality, and the provision of written reasons for rejection of any application for the issue of identity documents confirming nationality, or the decision to confiscate or fail to renew documents, or to deprive nationality. There is also a need for low-cost access to independent review and appeal of such decisions. This should include administrative review by the relevant identity authority, an easily accessible appeal to an independent oversight body, and access to courts by the usual processes. Paralegal support for applicants whose applications for nationality documents have been rejected plays a key role in ensuring that systems are fair and that applicants with entitlement to identity documents can prove their case. Finally, the state should publish statistics in relation to issue of documents, naturalisation, and deprivation of nationality. Overview of the report This study seeks to provide a comparative analysis of nationality law and its implementation and highlight the gaps that allow statelessness; to identify the populations that may be stateless or at risk of statelessness and the reasons why statelessness remains prevalent; and to make recommendations for the remedies that may address the problem at both national and regional level. This report is the fourth in a series commissioned by UNHCR on nationality and statelessness in West, East and Southern Africa. The other three reports have covered the member Community of West African States (ECOWAS); states of the Economic of the East African Community (EAC); and of the Southern African Development Community (SADC). This report draws on the analysis of statelessness in the previous reports, and builds on it, based on the particular experience of the Horn of Africa and the increasing knowledge base and expertise of UNHCR and its partners in relation to statelessness and nationality law. After this summary, Section 2 of this report summarises the history of nationality law in the states and territories covered by this report. Section 3 sets out the comparative provisions of nationality law today, and the gaps in the law that contribute to the risk of statelessness. administration in practice, including birth registration and issuance Section 4 looks at nationality of national identity cards and naturalisation certificates, and identifies some of the major blockages. Section 5 describes the groups most at risk of statelessness and identifies individual international standards on nationality and statelessness, examples of such groups. Section 6 outlines and the jurisprudence of the African human rights institutions. Section 7 consists of some concluding reflections on the meaning of statelessness in the region, and the priorities for action as identification systems are upgraded. A comprehensive set of recommendations is provided in section 8. The Horn of Africa has seen significant turbulence in recent years. The analysis of legal frameworks can as a consequence seem a somewhat abstract exercise. However, even when poorly implemented laws UNHCR — December 2021

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