African Human Mobility Review

Editorial

Mulugeta Dinbabo — 2022-08-25

Citizen and Pariah

Daniel Tevera — 2022-08-22

Citizen and Pariah is the title of a book by Vanya Gastrow that is based on her doctoral and postdoctoral research. In the preface Gastrow informs the reader that “the book investigates violent crime affecting Somali shopkeepers, their ability to access informal and formal justice mechanisms, and efforts to regulate their economic activities”.

Statelessness in Protracted Refugee Situations: Former Angolan and Rwandan Refugees in Zambia

Mazuba Muchindu — 2023-01-27

Among migrant populations, refugees form one group that is at high risk of becoming stateless. As those responsible for their wellbeing seek to find durable solutions to their plight, identity documents play a critical role. Without proper identity documents, former refugees are at risk of becoming stateless and face many difficulties in accessing various livelihood opportunities including employment, and services such as health care and education. However, acquiring these documents is sometimes wrought with many challenges including administrative, financial and legal challenges. Legal challenges largely arise from the lack of a comprehensive and coordinated approach of how to deal with such cases especially in states that operate outside the UN Conventions on statelessness. Using case studies of former Angolan and Rwandan refugees in Zambia, I argue that in the absence of a clear guiding framework as provided under the UN Conventions provide, former refugees are at risk of becoming stateless even when they are hosted under very hospitable conditions.

Statelessness, Development, and Protection of ‘Disadvantaged Groups’: Bridging the Post-2030 Sustainable Development Gaps

Adeyemi Saheed Badewa — 2023-01-27

Statelessness constricts development opportunities, human capital and potentials of affected communities and persons over successive generations. The marginalisation of stateless persons, deprivation of their basic rights, legal recognition and access to essential services further induce their vulnerability and the risk of intergenerational statelessness. However, the nexus between statelessness and development remains poorly investigated amid the lack of coherent measures to address it. Hence, the need to understand the increased deprivations by statelessness and its conditions of vulnerability, suspicion, and exclusion, and the mismatch in the implementation of multilateral development programmes and national policies against statelessness. The paper maintains that neglect of stateless persons and communities by development actors and processes often lags them in global, regional, or national development. Although not explicitly encapsulated to address statelessness, the Sustainable Development Goals (SDGs) unlock significant opportunities, with relevance and applicability of several goals in this regard. Therefore, incorporating statelessness into the post-2030 development agenda is critical for addressing its challenges, and improving human security and conditions of stateless persons.

Challenging the Practice of Administrative Detention for Stateless Persons in South Africa

Fatima Khan — 2023-01-27

In South Africa section 41 of the Immigration Act requires any person approached on reasonable grounds by a police or immigration officer to identify themselves either as a citizen or as a person lawfully present in the Republic. Anyone unable to identify themselves as persons lawfully in South Africa will be deemed to be illegally present and hence subject to an arrest, detention, and possible deportation. This detention can go on for an initial period of 120 days. This “unlawful” status automatically entitles immigration officials to arrest and detain such persons, but with the caveat that if such persons express an intention to apply for refugee status their asylum application must be permitted and facilitated. Stateless persons are, by definition, unable to demonstrate their legal presence or provide a valid identity document. They would therefore be deemed to be unlawfully present and therefore detained. This section of the Immigration Act is especially prejudicial to stateless persons since South Africa has no status determination procedure for stateless persons. This paper intends to demonstrate the unlawfulness of the laws regarding the immigration detention of stateless persons and whether there is an alternative approach or a remedy that could be implemented for stateless persons arrested without the means to identify themselves in South Africa.

Statelessness, Trauma and Mental Wellbeing: Implications for Practice, Research, and Advocacy

Ajwang' Warria — 2023-01-27

In 2016, the UNHCR estimated that about 10 million people, globally, were stateless. The issue of statelessness is inextricably linked to the psychosocial wellness and is a crucial mental health factor to consider in the holistic care, protection of stateless persons. There is a dearth of research examining the mental health implications for stateless persons and their exposure to multiple and ongoing rights violations. In addition, there is limited literature on the mental health impacts of statelessness. This paper describes the systematic human rights violations as linked to statelessness and how these contribute to individual trauma and stress – subsequently affecting wellbeing. The paper utilises a trauma-focused approach in understanding statelessness and presents a novel contribution to the research, advocacy and practice interventions addressing statelessness especially when drawing on the link between trauma and systemic rights violations.

Findings from the document study reveal statelessness-linked stressors. Historic systematic human rights violations, traumatic events and situations, and previous and daily stressors become mental health burdens and challenges for those experiencing statelessness. Service providers working with stateless persons should be aware of the impact of statelessness on mental health and should refer cases to mental health practitioners who can provide services that reduce socio-emotional distress whilst strengthening resilience and coping strategies. The findings emphasize the promotion of stateless persons psychosocial wellbeing – looking at both curative and preventative strategies, towards the establishment of just and inclusive societies.

The Impact of Climate Change in the Southern African Region and Statelessness

Michaela Jahnig — 2023-01-27

The right to nationality is among the fundamental rights that are recognisable under international and regional treaties, as well as national laws. Under international law, the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness (collectively the “Statelessness Conventions”), for example, were adopted to promote and protect the right to nationality and eradicate statelessness.
There are three ways by which nationality can be acquired: by descent or parentage (jus sanguinis – law of the blood), by birth on the territory (jus soli – law of the soil), or by way of naturalization which includes (jus domicili or long residence). However, the determination of nationality remains ambiguous, and statelessness is becoming a major concern in the Southern African Region. Statelessness often occurs due to the lacunae found in the laws, policies, and practices of states that deny individuals their right to nationality, at birth or later in life. Stateless persons become unfairly marginalised and denied their basic human rights and access to services, legal protection, and recognition. Statelessness is not only harmful to stateless persons themselves but can destabilise the society in which such persons live.
This article investigates the risks of statelessness that can be associated with cross-border and permanent displacement due to the impacts of climate change. It evaluates the likelihood that such circumstances may lead to uncertain rights and legal statuses of stateless persons, issues that have the potential to be passed on to subsequent generations. The article concludes with recommended solutions for effectively preventing statelessness and for protecting and promoting the rights of stateless persons in the Southern African Region, specifically South Africa, Mozambique, and Tanzania.

Returnees and the Dilemmas of (Un)sustainable Return and Reintegration in Somalia

Jacqueline Owigo — 2022-08-31

Voluntary return is identified as one of the durable solutions for refugee protection under the international refugee regime. There is little research into returnees’ experiences and aspirations when they return to a home country with a high level of violent conflicts, and with severe lack of safety and stability. This article draws from semi-structured interviews held with Somali returnees who returned through the voluntary repatriation programme from Kenya. The article shows the complexity behind their return experience by advancing the discussion on return based on Carling’s (2002) aspiration and ability model. The findings show that for the majority of the returnees, return cannot be said to be sustainable as they do not return to their home and as a result are displaced in camps where they face considerable challenges finding employment, decent housing, insecurity and lack of education opportunities for their children. However, their transnational networks in Kenya also matter for their return aspirations and the majority of the returnees interviewed possess aspirations to migrate, but cannot do so due to financial costs and therefore they remain trapped in immobility.
Voluntary return is identified as one of the durable solutions for refugee protection under the international refugee regime. There is little research into returnees’ experiences and aspirations when they return to a home country with a high level of violent conflicts, and with severe lack of safety and stability. This article draws from semi-structured interviews held with Somali returnees who returned through the voluntary repatriation programme from Kenya. The article shows the complexity behind their return experience by advancing the discussion on return based on Carling’s (2002) aspiration and ability model. The findings show that for the majority of the returnees, return cannot be said to be sustainable as they do not return to their home and as a result are displaced in camps where they face considerable challenges finding employment, decent housing, insecurity and lack of education opportunities for their children. However, their transnational networks in Kenya also matter for their return aspirations and the majority of the returnees interviewed possess aspirations to migrate, but cannot do so due to financial costs and therefore they remain trapped in immobility.

The Role of Colonialism in Creating and Perpetuating Statelessness in Southern Africa

Aimee-Noel Mbiyozo — 2023-01-27

Some of the largest stateless populations in the world are in Southern Africa. Statelessness in the region is primarily linked to colonial histories, border changes, migration, gender, ethnic and religious discrimination, and poor civil registry systems. Colonial and white minority rulers created and implemented multi-tiered citizenship systems – extending full rights only to settlers. Like all other aspects of society, colonizers based citizenship on ethnic exclusion, exploitation, and discrimination. Native Africans were forced into legal subordination with minimal rights that were superseded by those of white settlers. At independence, most Southern African countries adopted nationality laws based on the models of their former colonial rulers while making efforts to reverse the systems of discrimination. Efforts to redress the inequalities via nationality laws have had unintended and intended consequences on vulnerable populations and exacerbated statelessness. Xenophobia is another consequence of colonial heritage that has perpetuated statelessness. Colonial powers relied on political exclusion. They used violence to 'divide and conquer,’ creating and reinforcing racial, ethnic, and tribal clashes. In many parts of Southern Africa, we see an increase in xenophobia and nationalism as the emerging form of political exclusion, resulting in restrictive and repressive migration responses to prevent migrants from arriving or integrating into societies. There are concerning signs that states are instrumentalizing statelessness as a migration management tool. Rising nationalism and anti-migrant sentiments threaten to undo gains in the fight against statelessness.

The Impact of Gender Discrimination on Statelessness: Causes, Consequences and Legal Responses

Christina Beninger — 2023-01-27

Gender discrimination, both direct and indirect, is a leading cause of statelessness worldwide. Most often, direct discrimination is reflected in patriarchal nationality laws that restrict women’s ability to acquire, retain, and pass on their nationality to their children and/or spouses. There are also many indirect forms of discrimination owing to women’s often subordinate status that can impact women’s (and their children’s) vulnerability to statelessness. Overall, women are subject to a range of elevated and compounded risks of statelessness linked to patriarchal norms and deeply rooted gender inequalities. Despite the substantial impact of gender discrimination on statelessness, this issue is an understudied topic in the literature. This article discusses how gender discrimination impacts statelessness broadly and analyses how relevant international and selected Southern African and domestic law and policy frameworks have responded to this issue. First, the article briefly discusses some of the leading causes of statelessness arising from direct and indirect gender discrimination, and some of the key consequences of statelessness for women. Second, the article provides a critical gender analysis of the international legal framework on statelessness. It discusses how relevant international human rights legal and policy frameworks offer a robust protection of women’s nationality rights and gender equality. Third, the article analyses selected regional and national law and policy developments related to gender and statelessness in Southern Africa. Overall, while the analysis indicates progress in some areas, there remain ongoing challenges in bridging the statelessness gender discrimination gap and a need for further research in this area.