AHMR African Human Mobilty Review - Volume 8 No 3, SEP-DEC 2022
particularly in developing countries — who are frequently ignored by
authorities and are sometimes uncounted in national population censuses,
databases, and administrative registries. Likewise, Target 17.18 could be
used to improve civil registration and vital statistics (CRVS) systems to
integrate stateless persons and people of undetermined nationality in
national development planning.
The above targets can only be applied for the benefit of stateless persons, provided that
the assumption behind them is inclusive, given the risk of neglect and vulnerability of
the stateless. Nonetheless, the universal goals set out by the Sustainable Development
Agenda recognise the roles all regions and states must play to achieve the goals
rather than imposing an idea inflexibly on states. Hence, all UN member states
exercise the free will to mainstream the SDGs into national planning, develop their
national implementation strategies, and regularly review progress. This embraces
engagements among stakeholders — civil society, private sector, local governments,
and interest groups — and offers crucial opportunities for agenda setting and
review, advocacy, and monitoring at all levels — global, regional, national, and
local. Importantly, the SDGs provide development actors and stakeholders with
the tools to break the cycle of exclusion, rights deprivation, and intergenerational
statelessness, through development programming. Addressing statelessness requires
constructive collaboration between actors in the development, human rights, and
statelessness areas. This implies understanding the intersection and divergence
between sustainable policies, development agenda, and (legal) frameworks.
IV. CHALLENGING THE ARBITRARINESS OF
ADMINISTRATIVE DETENTION
Statelessness and discrimination or inequality are mutually reinforcing; this
underscores the need to take human rights and development into cognisance. Hence,
the rights to equality and non-discrimination are entrenched in several international,
regional, and national policies. The ICESCR, adopted by the United Nations
in 1966, and entered into force on 3 January 1976, is the principal human rights
treaty on socio-economic rights. Other treaties, such as the CRC, CEDAW, and the
Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families, advocate for socio-economic rights.51 Article 6 of the African Charter
on the Rights and Welfare of the Child (ACRWC) guarantees every child’s right to
registration at birth and to a nationality. The AU Commission’s draft ‘Protocol on
the right to a nationality and the eradication of statelessness’ in Africa was included
in the African Charter on Human and People’s Rights.52 Despite these frameworks,
the risk of intergenerational statelessness inhibits human rights-based development.
51
52
UNDG op cit note 6.
ACERWC op cit note 29 at 3.
70
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