The 1954 Convention relating to the Status of Stateless Persons defines a “stateless person” as a person whom no state considers to be a national under the operation of its law (Article 1(1)). UNHCR Guidelines adopted in 2012 elaborate that deciding if a person is stateless is a “mixed question of fact and law”, so that “Where the competent authorities treat an individual as a non-national even though he or she would appear to meet the criteria for automatic acquisition of nationality under the operation of a country’s laws, it is their position rather than the letter of the law that is determinative in concluding that a State does not consider such an individual as a national”.
The international norm that statelessness is to be avoided has been steadily strengthened in the international and African human rights regimes. In the African system, the General Comment No.2 adopted by the African Committee of Experts on the Rights and Welfare of the Child emphasises these protections.
Among the countries in Africa where UNHCR recognises that there are major populations at risk of statelessness are Côte d’Ivoire, the Democratic Republic of Congo, Eritrea, Ethiopia, Kenya, Madagascar, South Africa, Sudan and Zimbabwe. In Côte d’Ivoire and DRC the failure to recognise the nationality of large populations belonging to particular ethnic groups has been one of the main causes of conflict in those countries.
The African Commission on Human and Peoples’ Rights has heard complaints in several cases where people have been rendered stateless by individual and arbitrary decisions to deprive them of their nationality. Most cases, of course, never reach the national courts, still less a hearing by the African Commission.
Statelessness and lack of recognition of nationality have a devastating effect on respect for other rights. Without proof that a person is a national of the country where they live – or of any other country – a person may be unable to work, to access health care and education, to hold secure rights to land and other property, or to enforce any of these claims in court.
By Moraa Obiria Tanzanian widows who married Kenyan men decades ago find themselves trapped in a cruel legal limbo, unable to obtain ID cards that would grant them basic rights despite having Kenyan children. Without documentation, they can’t claim their […]
Residents of a coastal fishing village in The Gambia say they are struggling to get basic government services over an unresolved nationality issue. According to the government, they are not entitled to citizenship, but the residents want a compromise. Watch: […]
By Bekai NJIE As Paul Techy queued with dozens of others in his coastal Gambian fishing village, he hoped to move one step closer towards finally belonging in the only country he had ever called home. Gambian citizenship has long […]
By Jacinta Mutura For eight years, Blessings Iminza has lived without an identity. Each new day is a painful reminder that her dream of returning home remains just that—a dream. She is not alone; thousands of children born to Kenyan […]
GENEVA – The Republic of South Sudan has taken a major step towards eradicating statelessness in the country by acceding yesterday to two key treaties – the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention […]
By: Sanna Camara Amie Sanneh, 56, is the sister of the current Alkalo of Brufut. She was a member of the girl children present at the inauguration of the new fishing village of Ghana Town, which his father, the then […]
The Gambia Commission for Refugees (GCR), in partnership with The Gambia Immigration Department, and GAFNA on Friday, November 1st ended a week-long assessment of statelessness in Ghana Town, in Brufut, West Coast Region. The initiative is supported by the United […]
Unable to access her documentation, Esther* found herself trapped in a spiral of abuse typical of Kenya’s child labour problem By Caroline Kimeu As a preteen, Esther*, now 20, says she could not wait for the weekdays to come around. […]
By Heaven Crawley, Linda Ouchoi and Angharad Smith Introduction There is growing recognition that people who lack official documentation are often unable to access their basic rights and entitlements, contributing to a myriad of complex challenges including social stigma, economic […]
By Raymond Jaravaza FOR the last 59 years, Ms Rita Kasichi, a woman of Malawian origin born in Mhangura in 1965, has not been able to travel back to that country to visit her extended family since she could not […]
Extracts relevant to Africa: • The new Global Alliance to End Statelessness, set to be officially launched on 14 October at the high-level segment on statelessness, has already garnered support and membership of over 80 entities (States, regional organizations, UN, […]
UNHCR has applauded Kenya as it continues to make significant strides towards addressing statelessness. The Kenyan government is taking steps to ensure every individual has a recognised nationality in alignment with international and regional treaties. Among the major achievements of the […]