Declaration by the ECOWAS state
delegation, a session chaired by the
ECOWAS representative
3. Presentations
3.1. Sources of Statelessness in West Africa
The panelists
stressed the fact that gaps in nationality law and in civil registration
increase the risk of statelessness in the migration context. Taking into consideration border
disputes in the region, the panelists also emphasized the need to adopt measures against
statelessness when States succession takes place. They indicated that the ten-year UNHCR
campaign for the eradication of statelessness has been working well in the region so far. They
pointed to the priority actions to be undertaken, namely the resolution of the existing situations
of statelessness, the reform of nationality laws, the improvement of birth registration and vital
statistics data, and the accession to the international conventions on statelessness.
3.2. Identification, protection and solutions
The panelists
recalled that the right to nationality is a fundamental human right,
enshrined in many international instruments. Its violation constitutes an obstacle to the
enjoyment of other fundamental rights. The right to nationality is not mentioned in the African
Charter on Human and People’s Rights, however denial of nationality amounts to a violation
of the Charter provisions including those relating to dignity and non-discrimination. On this
basis, the ECOWAS Court of Justice declared that it is competent to deal with violations of the
right to nationality. The panelists also emphasized the absence of mechanisms for the protection
of stateless migrants in the region. They also noted that many migrants lack identification
documents, which creates a risk of statelessness. They indicated that the priority is to help them
recover their identity and confirm their nationality.