CITIZENSHIP AND STATELESSNESS
IN THE HORN OF AFRICA
\Y
deaths was prepared in 2019 and is under discussion. Efforts have been made to link health posts with
the civil registration authorities at the municipality, and birth registration rates are higher than in the rest
of Somalia; nonetheless, less than 20 percent of under-fives are currently registered.'*8
International law requires that Somaliland civil registration documents be recognised by other countries
(for example, in case they are needed to prove a right to the nationality of that country), even if the other
state does not recognise the sovereignty of Somaliland.'9
Table 9: Birth registration rates
Country
% birth registration children <5
Source
Djibouti
93
-
MICS2006
Eritrea
-
-
Ethiopia
16 *
-
UNICEF (unpub)
Somalia
3
-
MICS2006
- No information available
BR: birth registration reported
BC: birth certificate held by family
MICS: Multiple Indicator Cluster Survey (http://mics.unicef.org/surveys)
* 3 percent in DHS2016 (https://dhsprogram.com/Where-We-Work/Country-List.cfm)
National identity cards and passports
In many
countries, a national
identity card is the principal document
that is used to provide proof of
nationality in day-to-day situations — even if (as is common) the law also states that a national identity
card is not formal legal proof of that status. A passport is required for international travel. By contrast to
birth registration and civil registration generally, there is limited international guidance on the issue of
national
identity documents
and
passports.
However,
the
UN
Convention
relating
to the
Refugees and the UN Guiding Principles on Internal Displacement — as well as the OAU
Status
of
Conventions
on refugees and IDPs — provide for the issue of identity documents to the forcibly displaced.'*° Action 8
of UNHCR’s Global Action Plan to End Statelessness is to issue nationality documentation to those with
entitlement to it.
448 Interview UNICEF Hargeisa, March 2021.
149 In an advisory opinion on the legal status of the South African administration of Namibia the International Court of Justice affirmed that civil registration
certificates should be recognised by other states as valid, even if the status of the authority issuing the document is challenged. See Advisory Opinion of the
International Court of Justice on Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding
Security Council Resolution 276 (1970): 1971 IC/ Reports 16, para 125. For a discussion of somewhat similar issues in the context of Western Sahara, see
Bronwen Manby,
‘Nationality and Statelessness Among Persons of Western Saharan Origin’, Journal of Immigration, Asylum and Nationality Law 34, no. 1
(2020): 9-29. ‘288,
45° UN Convention relating to the Status of Refugees, 1951, art. 27; OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, 1969, art 6;
UN Guiding Principles on Internal Displacement, 1998, principle 20; AU Convention for the Protection & Assistance of IDPs in Africa, 2009, art. 13; see also
Global Compact for Safe, Orderly and Regular Migration, 2018, para. 20{c).
40
UNHCR
— December 2021