An Evaluation of Pledges to Eradicate Statelessness in the SADC
legal documentation, stateless persons’ freedom from arbitrary arrest and detention
is compromised. Further, stateless persons face severe psychological impacts, as they
are unable to live a normal life (Warria and Chikadzi, 2022).
The very nature of statelessness makes it difficult to assess its scope accurately.
On the one hand, the UNHCR reported in 2023 that there were 4.4 million stateless
persons globally (UNHCR Global Trends, 2023). This figure is heavily caveated, as it
is based on data from 95 countries that report data on statelessness, with the UNHCR
stating that half of all countries do not report any data on statelessness. In 2020, the
Institute on Statelessness and Inclusion (hereafter “ISI”) published that there were
around 15 million persons globally who were stateless (ISI, 2020). Thus, it is not
possible to put an exact number on the stateless population, and any official estimate
is likely far less than the true number. Data collection is a key concern for the GCR
and its larger framework, as discussed earlier, yet this goal is complicated by many of
the systemic challenges that cause and exacerbate statelessness.
Stateless persons within the African continent form part of a vulnerable group
of persons who are faced with several forms of human rights abuses. Some of the
largest estimated stateless populations in the world are found in Southern Africa with
conflict exacerbating already high numbers of forcibly displaced and stateless persons
in the DRC and Mozambique (UNHCR Global Trends, 2023). Statelessness in the
Southern African region is primarily attributed to colonial histories, long-term forced
displacement and migration, discrimination on the grounds of race, ethnicity, religion,
and discriminatory gender laws that do not allow women to pass their nationality to
their children on the same grounds as men (Manby, 2009). Further contributing to
the issue is the lack of provisions for nomadic and cross-border populations, deficient
dual nationality laws, the denial of access to naturalization, provisions with regards to
state succession, a lack of access to nationality documentation, abusive withdrawal of
citizenship, and poor civil registry systems (Manby, 2009).
Structural discrimination in society is a leading cause of statelessness globally,
particularly discriminatory gender laws (Manby, 2009; Beninger and Manjoo,
2023). In several African countries, as is the case in many other countries, direct
discrimination is found in patriarchal nationality laws that fail to ensure that women
have equal rights in conferring nationality to their children as men. Furthermore,
an unregistered marriage is likely to result in an unregistered birth. In countries
upholding discriminatory nationality laws against women and where women
are barred from conferring their nationality to the child, the lack of a marriage
certificate will mean that the child may become stateless. Numerous scholars have
brought attention to the lack of literature regarding gender and statelessness, which is
troubling, as gender discrimination is the main cause of statelessness (Beninger and
Manjoo, 2023). There have, nonetheless, been judicial challenges to discriminatory
nationality laws. In Botswana, the Court of Appeal presided over a milestone
judgment in Attorney-General v. Dow (1992) where it approved a woman’s right to
pass on her citizenship to her children and spouse.
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