identification and protection mechanism in place. They rarely have
documentary evidence of their identity, and those who are abandoned or have
ruptured their links with their families face serious complications for
reconstituting their identity and thus accessing a nationality. States should
consider as foundlings any children, as defined in article 6 of the African
Charter on the Rights and Welfare of the Child, found on their territories,
whose identity cannot be reasonably established and whose family cannot be
traced, and guarantee in their laws that these children are granted their
nationality.
55.
In the search for solutions, it is also essential to take into account the situation
of populations with a pastoral and transhumant lifestyle. They often have ties
with several countries but lack documentary evidence thereof. Their particular
situation requires a revision of the protocol on pastoralism for ECOWAS and
African Union in order to recognize their ties to one or more specific
countries, so as to guarantee their access to a nationality and facilitate their
access to identity documentation. In view of the risks of statelessness in border
and trans-border areas, we ask ECOWAS Member States to pay particular
attention to the specific situation of these zones and the populations who live
there. It is necessary to guarantee their non-discriminatory access to civil
registration services and documentation.
56.
We are aware that West Africa is a region prone to intensive migration, mainly
from other countries of the region. In the search for solutions, it is essential to
take into account the situation of offspring of migrants who, because of
conflicts of laws, are unable to acquire the nationality of their country of birth
nor that of their parents. As such, we recommend that States provide in their
legislation for acquisition of nationality to unregistered or undocumented
children, if at the time of the child’s birth he/she is not granted nationality by
any other State in accordance with its laws.
57.
In situations of protracted migration, it is also important to consider the
situation of migrants who no longer have or have never had evidence of their
nationality and as such find themselves without an established
identity/nationality. We encourage ECOWAS to implement mechanisms to
seek the identity and establish the nationality of the concerned persons. We
call upon all States to ensure consular representation for the citizens of
ECOWAS and to work actively with IOM and ECOWAS on the confirmation
of the identity and nationality of stranded migrants. We also call upon States
of residence to facilitate acquisition of nationality to those with relevant links
to their territories.
58.
Refugees are particularly vulnerable to the risk of losing proof of their
identity. This risk increases when their exile is protracted and when the
administration of their country of origin is severely dysfunctional, particularly
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