Statelessness in Southern Africa
documentation to Mozambican migrants and their children in South Africa and other neighbouring
countries.45
Malawi has restored citizenship to 85 persons during the period 2008 to 2011, but the process is
expensive and difficult to access. An unknown number of diaspora returnees from Zimbabwe or
elsewhere do not have citizenship documents.46
Tanzania provides a good example in relation to the grant of citizenship to refugees, especially refugees
it has received from Rwanda and Burundi over the years, and has reaped the benefit in social peace. In
2007, Tanzania offered naturalisation to Burundian refugees resident in the country since 1972 and their
descendants; of those eligible, 80%, or 172,000 people, expressed their desire to remain in Tanzania, and
the remaining 20% were to receive assistance with repatriation from March 2008. There have been legal
ambiguities and problems in practice with this process, and it is still not clear how effectively it will be
implemented in practice, but it remains a positive effort to resolve such issues.47
In recent years, refugees and migrants have also reached southern Africa from further afield, including
from the conflict in Somalia, whose status is particularly difficult because of the lack of any functioning
state in that country. There have also been vastly increased unregulated flows of economic migrants
from across the continent, especially to South Africa.
The economic and political crisis in Zimbabwe since the turn of the millennium has led to large outflows
of people to neighbouring countries. Though statistics are highly contested, according to some official
estimates up to one million undocumented Zimbabwean migrants may be living in South Africa.48
Revisions to Zimbabwe’s citizenship laws and policies that have withdrawn citizenship from persons
with the alleged possession of or right to claim citizenship of another country, mean that an unknown
number of emigrants from Zimbabwe are stateless or at risk of statelessness.49 In 2010, the South
African government responded positively to the situation of undocumented Zimbabweans by providing
an opportunity for them to regularise their residence in South Africa (thus also providing a potential long
term pathway to South African citizenship). Around 275,000 Zimbabweans had applied for residence by
the 31 December 2010 deadline. Processing the applications depends on cooperation from the
Zimbabwean authorities in providing passports or birth certificates to those applying for residence in
South Africa, effectively excluding those who cannot obtain these documents from the Zimbabwean
authorities.
The Zimbabwe registrar-general did, however supply documentation to 72,000
Zimbabweans in South Africa.50 By October 2011, the Department of Home Affairs had issued permits
to just over half of those who applied for them through this process.51 A moratorium on deportations was
lifted.
Proof of nationality and birth registration
The systems for proof of nationality are in practice often as important as the provisions of the law on the
qualifications in principle. If there are onerous requirements or costs attached to proof of nationality, or
discrimination in practice means that proof is not obtainable, then the fact that a person actually fulfils
the conditions laid down in law may be irrelevant.
45
UNHCR, “Fighting Statelessness: Findings In Mozambique”, 2011. A pilot project in South Africa is already
under way, with other exercises planned in Zimbabwe and Malawi.
46
Information provided at UNHCR regional statelessness meeting, 1-3 November 2011.
47
Going Home or Staying Home? Ending Displacement for Burundian Refugees in Tanzania, Citizenship and
Forced Migration in the Great Lakes Region Working Paper No. 1, November 2008, Centre for the Study of Forced
Migration (Dar es Salaam), International Refugee Rights Initiative (Kampala), Social Science Research Council
(New York).
48
Aurelia Segatti and Loren B. Landau (eds.), Contemporary Migration to South Africa: A Regional Development
Issue, Agence Française de Développement and the World Bank, 2011, pp.146-149.
49
Similar policies have also been applied in Botswana. See Lawrence Seretse, “Thousands of Batswana become
foreigners overnight”, Mmegi, 18 November 2011.
50
Information provided at UNHCR regional statelessness meeting, 1-3 November 2011.
51
“Speaking notes for briefing to the media by the head of the Zimbabwe Documentation Project, Jacob
Mamabolo” http://www.info.gov.za/speech/DynamicAction?pageid=461&sid=19609&tid=36304 30 June 2011;
“Deportations of Zimbabwean migrants set to resume”, IRIN, 7 October 2011.
11
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