CITIZENSHIP AND STATELESSNESS IN THE MEMBER STATES OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 2020
a different percentage weight, with the total needing to add up to 100 percent. In the context of a lack of
existing documentation, this was perhaps a practical solution, although the logic of the weightings is not
very clear: even a passport or a naturalisation certificate were not sufficient in themselves as proof of
Malawian citizenship (amounting to only 40 or 60 percent of the required total, respectively), while some
supporting documents had no bearing on citizenship (such as payslips).279 In practice, additional pieces of
evidence were given scores, including whether a traditional authority or village head could act as a witness
to verify a person’s citizenship. An adjudication committee, made up of members from the National
Registration Bureau, police and immigration department – but no independent membership – was created
to investigate and make determinations for approximately 3,400 doubtful cases.280 Malawians of Asian
descent complained of discrimination during the mass registration process.281
Coverage of national identity documents remains variable. According to estimates published by the World
Bank, the percentage of adults (or in some states, those over 16) holding a national identity document in
SADC states as of 2016 varied from less than 10 percent in Malawi and Tanzania to 99 percent in South
Africa. Mass enrolment efforts have since increased enrolment rates in Malawi and Tanzania to an estimated
98 and 75 percent of adults – although in Tanzania many of those enrolled had yet to receive a physical
identity card (see Table 10). DRC has no national identity card, with a voter registration card substituting as
an identity document. Lack of identity documents has a gender dimension in many countries, including in
southern Africa. Mozambique is among the bottom ten countries globally for the gap between men and
women in holding identity documents, according a survey by the World Bank, with a 14 percent gap between
men (of whom 65% have an ID document) and women (of whom only 52% have an ID). Madagascar is only
slightly more equal, with a 10 percent gap between men (91%) and women (81%).282 Transgender persons
are generally not provided for in national legislation. Botswana, however, has permitted transgender citizens
to change the gender marker on their identity document in at least two cases, following litigation.283
279
The weightings given were as follows:
Diplomatic/Service passport
70%
Ordinary passport
40%
Voter ID
40%
Driving Licence
30%
Payslip
30%
Employment ID
10%
Birth certificate – issued by Dept of Registrar General
30%
Birth certificate – issued by NRB
60%
Citizenship or naturalized certificate
60%
Marriage certificate
10%
Other official documents
10%
Source: Public Statement: Mass Registration of Malawian Citizens for National Identity Cards, National Registration Bureau, Ministry of Home Affairs
and Internal Security, Lilongwe, 25 April 2017.
280
Tariq Malik, “Malawi’s Journey Towards Transformation: Lessons from Its National ID Project” (Washington, D.C.: Center for Global Development,
August 2018), https://www.cgdev.org/publication/malawis-journey-towards-transformation-lessons-its-national-id-project (updated August 2020).
281
“Malawians of Asian origin take NRB to task for infringing their rights”, Maravi Post, 8 August 2017; “National ID program in Malawi raises questions,
fears”, Anadolu Agency (Turkey), 11 June 2017.
282 Lucia Hanmer and Maria Elefante, “Achieving Universal Access to ID: Gender-Based Legal Barriers Against Women and Good Practice Reforms”
(Washington, D.C.: World Bank, 2019), https://openknowledge.worldbank.org/handle/10986/32474; World Bank, “Identification for Development (ID4D)
2018 Annual Report” (Washington, D.C.: World Bank, 2019), https://id4d.worldbank.org/sites/id4d.worldbank.org/files/2018_ID4D_Annual_Report.pdf.
283 “News release: Botswana registrar changes transgender man’s identity document from female to male”, Southern Africa Litigation Centre, 8 Jan
2018 https://www.southernafricalitigationcentre.org/2018/01/08/news-release-botswana-registrar-changes-transgender-mans-identity-document-fromfemale-to-male/.
UNHCR / December, 2020
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