CITIZENSHIP AND STATELESSNESS IN THE MEMBER STATES OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 2020 Similar communities of descendants of long-term migrant workers exist in Tanzania, including those recruited through the Sisal Labour Bureau (SILABU) facilitating recruitment by Britain from the Belgian territories. In addition, there was a small population of Kikuyus suspected of being Mau Mau sympathisers who were forcibly resettled by the British in Tanganyika, and other settlements of Kenyans in tea-growing areas. Several thousand people of Mozambican descent live in Zanzibar, descendants of people who came to Zanzibar in the 1950s and 60s when the Mozambican liberation movement FRELIMO had a presence on the island, who are not regarded as having acquired Tanzanian citizenship. There is also a community of Comorian descent in Zanzibar, whose members have faced difficulties in obtianing recognition of Tanzanian citizenship, despite their legal entitlement; people of Arab descent in Mafia island report similar problems.388 In Malawi, the roll-out of a new national identity card has raised concerns and challenges for the community of South Asian descent, the majority of whom are descendants of people who came to Malawi during the colonial era, who have complained of discrimination in the requirements to prove their Malawian citizenship.389 People of South Asian descent, known as Karana, also make up the majority of around 20,000 stateless people in Madagascar.390 The discrimination in the nationality law at the time of transition to majority rule means that is difficult for them to obtain Madagascan nationality; and even though the removal of gender discrimination in law in 2018 should assist children of mixed marriages, discrimination remains in practice. Children of more recent migrants Recent decades have seen vastly increased unregulated flows of economic migrants from across the continent into southern Africa, especially to South Africa (see above: Migration and nationality since the colonial era). Most recent migrants and refugees are not themselves stateless, but a long-term failure to act to record their legal status, and especially that of their children, creates the risk of multi-generational statelessness of whole communities who have no documented connection to another country and yet are not fully members in the country where they live. In Malawi, for example, the CEDAW and CRC Committees have both expressed concerns about the risks of statelessness for the children of Malawian nationals who migrated to Zimbabwe, and the children born to Mozambicans in Malawi.391 UNHCR also notes risks of statelessness for children born abroad to parents of Mozambican origin.392 388 Manby, “Citizenship and Statelessness in the East African Community”. Problems in Mafia island reported by email from Dignity Kwanza, Dar es Salaam. 389 Moses Michael-Phiri, “National ID program in Malawi raises questions, fears”, Anadolu Agency (Turkey), 11 June 2017; Ausborn Banda, “Malawians of Asian origin take NRB to task for infringing their rights”, Maravi Post (Malawi), 8 August 2017. 390 Caroline McInerney, “Accessing Malagasy Citizenship: The Nationality Code and Its Impact on the Karana”, Tilburg Law Review 19 (2014): 182–93; UNHCR, “This Is Our Home: Stateless Minorities and Their Search for Citizenship” (Geneva: United Nations, 2017), https://www.unhcr.org/ibelong/stateless-minorities/. 391 UN Committee on the Elimination of Discrimination Against Women (CEDAW), Concluding observations on the seventh periodic report of Malawi, CEDAW/C/MWI/CO/7, 20/Nov/2015; UN Committee on the Rights of the Child, Concluding observations on the combined third to fifth periodic reports of Malawi, CRC/C/MWI/CO/3-5, 6 March 2017. 392 Submission by the United Nations High Commissioner for Refugees for the Office of the High Commissioner for Human Rights’ Compilation Report – Universal Periodic Review: Mozambique, July 2010 https://lib.ohchr.org/HRBodies/UPR/Documents/Session10/MZ/UNHCR_UNHigh%20Commissioner%20for%20Refugees_eng.pdf. UNHCR / December, 2020 92