Dealing with statelessness in sub-Saharan Africa: The way forward

michael_addaneyAuthor: Michael Addaney
Student (MPhil Human Rights and Democratisation in Africa), Centre for Human Rights, Faculty of Law, University of Pretoria

‘Statelessness is a profound violation of an individual’s human rights. It would be deeply unethical to perpetuate the pain it causes when solutions are so clearly within reach.’
– Antonio Guterres, United Nations High Commissioner for Refugees (UNHCR)

Statelessness as a legal problem has far reaching political and economic challenges which have attracted rising attention from scholars, human rights activists and international organisations in recent years. Officially, statelessness means a person who is not considered as a national by any State under the operation of its law. The UNHCR started collecting data on stateless persons in the world in 2006 and confirmed in 2011 that the number of stateless persons around the world is in excess of 10 million despite conceding that obtaining the actual statistics is difficult.

The most affected are regions that have suffered or are experiencing armed conflicts or economic migration. Large numbers of stateless population are largely due to policies and laws which discriminate against foreigners despite their deeper roots in the states concerned. For instance, more than 120 000 persons in Madagascar are stateless on the basis of discriminatory citizenship laws and administrative procedures. Moreover, about 170 000 Burundian refugees who fled their country in 1972 are recognised as stateless in Tanzania despite cogent attempts by international and local organisations to have the situation rectified.

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Eritrea: They leave because their government has failed them

thato_motaungAuthor: Thato Motaung
Researcher, Centre for Human Rights, Faculty of Law, University of Pretoria

World Refugee Day – 20 June 2014

The number is 313 375, more specifically, as of mid-2013 the number we gathered from the United Nations High Commissioner for Refugees (UNHCR) was 313 375. That is the number of people from a population of 5 million who have at great risk to their lives, left their country to become refugees and asylum seekers in unknown lands. Since independence Eritrea has lost 6% of its population and is currently notoriously known as the tenth highest refugee producing nation in the world (UNHCR). Why are Eritreans fleeing their homeland by the thousands every month? According to the latest figures, 4 000 flee Eritrea every month.

Firstly, let it be asserted from the onset that Eritrea is not at war, but, its current default mode of perpetual war preparedness has proven as destabilising and terrifying to the country as an actual state of war. Having bravely “liberated” itself from Ethiopia in 1991, Eritrea found itself in a bitter border dispute with Ethiopia only 7 years later with a war lasting from 1998 to 2000.This dispute is a historical turning point for Eritrea as it created the platform from which to justify the sustained creation of a militarised society. In 1995 a government decree applied national service which was both compulsory for anyone from the age of 18 to 50 years. Many people were forcibly rounded-up from the streets, from their homes and torn away from their children to report for military service.

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Survival rights of Eritrean refugees in Ethiopia: The Shimelba refugee camp case

Kbrom AlemaAuthor: Kbrom Alema Germay
Candidate Judge at the Aga’ezi Justice Organs Professional Training Center and Legal Research Institute

Currently, Ethiopia is among the developing countries that are hosting thousands of refugees from Eritrea, Kenya, Somali and Sudan, and that mandates refugee to reside in camps. Some of the refugees in Ethiopia live in the northern parts of the country in a camp called the Shimelba refugee camp. Refugees in this particular camp lived in Eritrea and fled to avoid military service, religious persecution and ethnic discrimination. This camp is situated is in a place widely recognised for its diverse settings and agro-ecosystems, displaying a wide array of environmental problems and vulnerabilities. To this end, the lands are fragile and vulnerable to both natural and human generated calamities, ranging from the shortage of or unpredictable rainfall to species and resource base depletion and degradation rendered more acute by the effects of drought. The location of the camp site is isolated. The environmental conditions are difficult, with temperature ranging up to 42 degree Celsius. The Ethiopian government in collaboration with the United Nation High Commissioner for Refugee (UNHCR), oversight and manages Shimelba.

Ethiopia is signatory to the 1951 Convention relating to the Status of Refugees and its Protocol. Regionally, Ethiopia is also a party to the 1969 Convention Governing the Specific Aspects of Refugee Problems in Africa (African Refugee Convention). Besides these refugee-specific instruments, Ethiopia is also a party to most of international and regional human rights instruments such as the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights (ICESCR); the International Convention on Torture, Inhuman and Degrading Treatment; the Convention on the Rights of the Child; the Convention on the Elimination of Discrimination Against Women; and the African Charter on Human and Peoples Rights, therefore reinforcing the protection for refugees.

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