UNHCR hosts deliberations on new Protocol to secure the right to nationality and end statelessness in Africa

Announcements

UNHCR hosts deliberations on new Protocol to secure the right to nationality and end statelessness in Africa

7 August 2024

In a first-of-its-kind event, UNHCR, the UN Refugee Agency, together with subject matter experts Mr. Ibrahima Kane and Dr. Bronwen Manby, hosted a continental meeting to discuss next steps towards the ratification of the Protocol to the African Charter on Human and Peoples' Rights on the Specific Aspects of the right to a Nationality adopted by the African Union (AU) Assembly of States in February 2024. Once ratified, the Protocol will serve to eradicate statelessness and advance inclusion for millions of stateless people on the continent.

The meeting brought together close to 80 participants including government representatives, regional organizations from across the continent as well as donors, to deliberate the important aspects of the Protocol so as to equip States with the necessary information for its ratification.

Ratifications of fifteen Member States are needed for the Protocol to enter into force. This will provide an avenue to enjoy the right to a nationality for individuals, who either have no legally recognized nationality or have unlawfully lost nationality, in countries that have ratified the Protocol.

“These discussions are yet another example of how Africa is at the fore of innovative solutions to address statelessness in the continent,” said Patrick Eba, UNHCR’s Deputy Director, Division of International Protection in Geneva. “We have a prime opportunity now to reaffirm our dedication to the eradication of this crisis, ensure the enactment of this new protocol, and encourage its widespread adoption across the African continent,” said Eba.

Discussions centered on the review of the Protocol’s content, emphasizing the critical roles and responsibilities of States to implement safeguards against statelessness, in line with national laws. This includes ensuring non-discrimination in laws and policies on how nationality is passed from parents to their children, crucial in protecting the rights of children and preventing statelessness.

“Governments’ statelessness focal points play an important role in the advocacy for the ratification of the protocol by their respective countries and really demonstrate their commitment to the eradication of statelessness,” said Ibrahima Kane, Special Adviser to the African Commission on Human and People's rights. “It is encouraging to see increasing engagement on their part with the Protocol, which would hopefully translate into positive action from their governments,” said Kane.

“In many countries, statelessness is still highly politicized, denying vulnerable people the right to nationality,” said Ms. Samia El Hashimi, Director of Mutawinat, a national organization working with refugees in Sudan. “We need more of these discussions at the State level to raise the awareness of government bodies and decision makers so that they can ratify the Protocol in an apolitical manner,” said El Hashmi.

Recommendations included the need for more sensitization sessions with States and other relevant stakeholders to enhance understanding and support for the Protocol. Coordination with national focal points will also be enhanced to effectively disseminate information about the Protocol. AU Member States were also urged to join the new Global Alliance to End Statelessness to strengthen collective efforts.

The Protocol is in line with the AU Commission’s pledges at the UNHCR High-Level Segment on Statelessness in October 2019 and subsequently, the Global Refugee Forum. The Protocol reaffirms the right to a nationality, the principle of nondiscrimination in access to nationality, ensures that stateless individuals and those who have undetermined nationality can exercise their right to a nationality and can access fundamental human rights and services. It also encompasses mechanisms designed to eradicate generational statelessness and includes specific provisions for nomadic groups and cross-border communities.