UNHCR lauds African Union move to tackle statelessness

The UN Refugee Agency (UNHCR) has welcomed the adoption of a Protocol by the African Union (AU) Assembly of States to eradicate statelessness and advance inclusion for millions of stateless people on the continent.

The Protocol to the African Charter on Human and People’s Rights Relating to the Specific Aspects of the Right to a Nationality and the Eradication of Statelessness in Africa was adopted last weekend during the 37th Ordinary Session of the AU Assembly of the Heads of State and Governments.

Statelessness is a worldwide phenomenon, with those affected often denied the right to recognition as citizens of any country, as well as associated rights. As a result, they are prevented from fully participating in society, politically and economically marginalized, and vulnerable to discrimination, exploitation, and abuse.

The AU Protocol seeks to provide solutions to legal barriers that will ensure that stateless people and those at risk of statelessness can exercise their right to a nationality and, in turn, have better access to fundamental human rights, as well as national services such as health, education, and formal employment.

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“This is a critical step in truly ending statelessness for people in Africa,” said UNHCR’s Assistant High Commissioner for Protection, Ruvendrini Menikdiwela.

“We stand ready to work with States on the ratification, domestication, and implementation of this Protocol so that millions of vulnerable people can access basic human rights and services, improve their lives and contribute meaningfully to the development of their societies,” Menikdiwela added.

Some standards set by this AU Protocol mark a significant advance in international law. The mechanisms to effectively prevent generational statelessness from the outset, specific provisions for nomadic and cross-border populations, and strong due process protections regarding the right to a nationality mark significant progress.

Following its adoption, the Protocol now needs to be ratified by just 15 AU Member States after which it will come into force.

This initiative fulfils a pledge made by the AU Commission at the UNHCR High Level Segment on Statelessness in October 2019 and subsequently at the first Global Refugee Forum, to advocate for the adoption, ratification and implementation of the Protocol by AU Member States.

Mandated to prevent and reduce statelessness around the world, UNHCR said it remains committed to working with and providing support to the AU and its Member States to further identify, prevent and resolve statelessness in accordance with the goals of the decade-long #IBelong Campaign to end statelessness.