CITIZENSHIP AND STATELESSNESS
IN THE HORN OF AFRICA
\Y
8. Recommendations
Recommendations to states
Accessions to and implementation of UN, AU, and Arab League
treaties and standards
«
All
states
covered
particular the
by this
1954
report
Convention
should
take
steps
to accede
to relevant
relating to the Status of Stateless
UN
Persons
treaties,
and the
in
1961
Convention on the Reduction of Statelessness, and to review national law and practice to ensure
it is compliant with their requirements, based on UNHCR’s Handbook on Protection of Stateless
Persons, Guidelines on Statelesness No. 4 on Prevention of Childhood Statelessness, and
Guidelines on Statelessness No. 5 on Loss and Deprivation of Nationality.
«
Djibouti,
Eritrea
and
Ethiopia
are already
party to the African
Charter
on the
Rights
and
Welfare of the Child, of which Article 6 deals with birth registration and the right to a name and
nationality. They should review their laws and procedures in line with the General Comment on
Article 6 of the Charter adopted by the African Committee of Experts on the Rights and Welfare
of the Child in 2014.
In particular, all three states should incorporate into their nationality laws
the provision required by Article 6(4) of the Charter that a child born in the territory shall acquire
the nationality of the state of birth if not granted nationality by any other state at the time of birth.
«"
Somalia signed the African Charter on the Rights and Welfare of the Child in 1991, and should
move towards accession to the treaty, and adoption
in national law of the safeguards against
statelessness provided in Article 6(4).
"
Somalia and Djibouti are member states of the Arab League and OIC. Somalia should reform
its law to provide for the equal rights of men and women to transmit nationality to their children,
in line with
the
Arab
League
Declaration
on
Women's
Nationality
Rights
of 2017
and
the
Declaration on Belonging and Legal Identity of 2018. Both Somalia and Djibouti should seek
to develop
practical
systems
(considering
relative
state
capacity)
“to
resolve
the
issue
of
statelessness for any child born on their territories or to any of their citizens outside their
territory”, in line with the OIC Covenant on the Rights of the Child in Islam.
An integrated approach to nationality systems
There is a need to address nationality and statelessness from a systemic perspective, seeking to put in
place
coherent
initiatives
nationality for all both
on
documentation
in theory
and
and
in practice,
identity
and
management
that provide
that
provide
access
identity documentation
to
a
to all. In
particular, efforts to upgrade identification systems should include analysis of the legal and procedural
gaps
that
lead
some
to
be
excluded
and
perhaps
ultimately
rendered
stateless.
Procedures
for
recognition and registration of status should be designed to respect basic rules of due process, including
independent oversight and judicial appeal of administrative decisions,
and documentation
initiatives are
(as nationals) of those who
undertaken
the improve
have
registration
and to allow for the integration
no plausible connection
and
recognition
of legal
to any other state. As
identity, the following
recommendations should be taken into account.
UNHCR
— December 2021
77
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