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.
Application No: ECW/CCJ/APP/25/25 Judgment No. ECW/CCJ/JUD/30/26 Extracts: INTRODUCTION 4. The Application concerns the alleged violation of the Applicant’s right to freedom of movement, including her right to leave and return to her country of nationality, as guaranteed under Article 12(2) […]
Refugees and stateless people face a long road to getting documentation By Marecia Damons Lumumba Chia has lived in South Africa for more than two decades. He holds a Refugee Permit, has filed the necessary applications, and has done everything […]
THE Ministry of Home Affairs, Immigration, Safety and Security (MHAISS) has moved to dispel allegations that Namibian citizenship and national documents are being issued arbitrarily to foreign nationals who do not qualify. In a media release issued by MHAISS Executive […]
In the remote, rural regions of Elliotdale, Eastern Cape, the Nosintu Gwebindlala Foundation is combating generational statelessness by ‘walking the journey’ of securing IDs and birth certificates with residents. By Tamsin Metelerkamp In the deep rural regions of Elliotdale in […]
In this fourth part of the Project Profile investigation into the use of biometrics in the humanitarian sector in Kenya, Naipanoi Lepapa looks at how the UNHCR’s sharing of biometric data with the Kenyan government led to the violation of […]
By Dr. Julie Lugulu, LL.D Statelessness, the lack of a nationality between an individual and any country, is a global issue affecting millions of persons around the world. It remains a pressing human rights concern across Africa and in Kenya, […]
UNHCR, UNICEF and African identity officials call for safeguards, CRVS integration and inclusive digital ID systems By Ayang Macdonald African governments must accelerate efforts to provide legal and digital identity to refugees and stateless populations, according to speakers at the […]
Banjul, The Gambia — 14th May 2026 — The Institute for Human Rights and Development in Africa (IHRDA) today submitted a status of implementation report to the African Commission on Human and Peoples’ Rights (ACHPR), highlighting the continued failure of […]
Reportage · Il y a bientôt quinze ans, le Soudan du Sud proclamait son indépendance. Depuis, l’administration tarde à régulariser ses ressortissants : selon le HCR, 90 % des Sud-Soudanais ne seraient pas encore enregistrés sur les bases de données […]
Billy Ogada The Office of the Attorney-General has raised concerns over proposed legislation that seeks to grant citizenship to stateless persons who have been living in the country for the last seven years. Through Solicitor-General Shadrack Mose, the State Law […]
The government has taken steps to recognise the Pare community in Taveta Sub-county as part of ongoing efforts to address statelessness in the country. The development was announced during an event presided over by Taita Taveta Governor Andrew Mwadime, with […]
In a small Gambian village founded decades ago by Ghanaian fishermen, many of their descendants languish without ID documents. By Kaddy Jawo Ghana Town, The Gambia – As dawn breaks over Ghana Town, a fishing village along The Gambia’s Atlantic […]