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