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 72

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