CITIZENSHIP AND STATELESSNESS
IN THE HORN OF AFRICA
\Y
7.
Conclusions:
Statelessness in the Horn of
Africa
This concluding section consists of reflections on the application of the concept of statelessness in the
Horn
of Africa, and the approaches
that may
be most fruitful in ensuring
that all have the right to a
nationality.
When
asked to address the problem of statelessness it is common
stateless
people within their territories, so that the scale
for states to ask for the number of
of the problem
can
be understood
before
measures to prevent and reduce statelessness can be considered. In the context of the Horn of Africa
this request is impossible to fulfil. As the profile of the groups at risk of statelessness shows, the question
of who is or is not stateless — “a person not considered as a national by any state under the operation
of its law” — is often very difficult to answer (see also the heading at the start of this report: A note on
terminology).
In the context of a region where a very large number of people have no identity documents
of any kind (including birth certificates) that recognise
either their place of birth and
identity of their
parents or their formal membership of a state; where the internationally recognised state of Somalia has
had no central government in full control of its territory for three decades; where borders are porous and
often
unmarked;
nomadism
and
where
many
cross-border
children
have
been
separated
migration
have
always
been
from
common;
their families
and
where
by conflict; where
there
is significant
decentralisation of the practical systems for determination of membership of society and eligibility for
the benefits of citizenship, the very meaning of statelessness is unclear. Thus, no census could possibly
provide an answer to the number of those who are stateless.
Not everyone who lacks an identity document confirming his or her nationality is stateless. Risks of
statelessness are increased for the undocumented,
who
is a member
of an ethnic group generally
especially over several generations, but a person
recognised
to “belong” to the particular state, whose
parents are both from the same community and married in whatever form is legally recognised by the
state, and who is born within a stable community untroubled by forced displacement, will in general face
only bureaucratic hurdles if and when
However, an undocumented
it becomes
necessary to establish formal recognition of status.
person who in addition falls within one of the groups outlined above is at
high risk of statelessness; whether he or she is in fact stateless will only be revealed on application for
a document recognising nationality, when additional demands are placed for different types of proof that
the person “really” belongs, and the application is rejected or left pending indefinitely despite numerous
attempts to satisfy these demands.
There is a major push to improve identification systems in the Horn of Africa, as in other regions, with
important initiatives to improve birth registration and to establish new national population databases.
These
74
efforts
are
undertaken
in recognition
of the
principle
that
identity
registration
has
been
UNHCR
a
— December 2021
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