Open Society Justice Initiative Makes Statement to the African Commission on Human and Peoples' Rights

African human rights activists recognize that women, refugees, internally displaced people, cultural and racial minorities, indigenous communities, and migrants are particularly vulnerable populations. They are susceptible to state limitation of their political, social, and economic rights. Denationalization—i.e., depriving an individual of legal nationality—is one of the most severe attacks on these human rights, yet denationalization has not been a significant issue for human rights advocacy. We believe it is time to recognize this growing trend and how dangerous it is.

We are witness to an increase in discriminatory and arbitrary denationalization in African countries. Denationalization is usually a manifestation of social and institutional discrimination. Discriminatory stripping of citizenship has taken place in Cote d'Ivoire, the DRC, Egypt, Kenya, Mauritania, Rwanda, Sudan, Zimbabwe, and Zambia. The victims of this form of persecution are unable to challenge it as it occurs under the guise of states' sovereign rights.

Article 2 of the African Charter prohibits discrimination based on distinctions "such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status." However, these distinctions seem to be regularly invoked despite international and national prohibitions. There are significant gaps between policy and practice.

In many countries ethnicity can determine employability. Regions dominated by certain ethnic groups are often allocated less funds by the state; politicians and government officials use ethnically divisive rhetoric, administrative obstacles make it impossible for certain communities to get official documents such as identity cards (thereby making them de facto stateless), and some communities are not recognized by the state as citizens, despite having lived in the country for generations.

Denationalization and the failure to grant citizenship to those who would otherwise be stateless are directly linked to ethnic discrimination. Whatever the social origins of this discrimination, it is often manipulated for political purposes and overlays the competition for scarce resources and political power. Political loyalties become ethnic loyalties and vice versa. By manipulating the ethnic field-by creating alliances, marginalizing, or demonizing-the political field is also manipulated. Denationalization, the most extreme exclusion, erases ethnic groups, and thus political blocks, from the landscape. In Zimbabwe, the blocking of certain voters from the polls and in Cote d'Ivoire, the characterization of a large and longstanding percentage of the population as "migrants," are only two of the most recent examples of discriminatory denationalization with a political motive. In some cases, discriminatory denationalization paves the way for collective expulsion, prohibited by Article 12(5) of the African Charter.

The African Commission has recognized that arbitrary denationalization violates the African Charter. It has articulated this in decisions of the commission against Botswana, Mauritania, and Zambia that condemn denationalization and the prejudiced alteration of citizenship laws. The commission has also condemned Zambia and Angola for collective expulsions, and Botswana and Zambia for expelling denationalized individuals. Yet, current events show that these practices continue. Denationalization is becoming more widespread and requires increased scrutiny from civil society organizations, regional bodies such the African Commission, and the international community.

The Open Society Justice Initiative, together with partners in a number of African countries, is undertaking a survey of the state of the law called the Africa Discrimination and Citizenship Audit. This survey is reviewing legislation, case law, and policies on discrimination and citizenship. The audit will provide much-needed information on policy that will catalyze discussion with government, civil society, and other actors in African countries on needed research, monitoring, awareness-raising, advocacy, and policy transformation.

The Justice Initiative and its partners call on human rights organizations to join in efforts to increase awareness by building a platform for antidiscrimination.

We call on the African Commission to further investigate discrimination and barriers to citizenship.

The Justice Initiative and its partners call on the African Union to develop tools to monitor discrimination and denationalization, and to unequivocally condemn discrimination, denationalization, and resulting statelessness.

We call for African countries to monitor divisive and discriminatory acts and rhetoric and to take a proactive stance on elimination discrimination and statelessness.

We call on the African Commission, the African Union, and African States to work closely with civil society organizations in achieving these goals.

Research and monitoring efforts must form the basis of further work in this area. It is only through proactive and determined approaches that human rights violations resulting from discrimination such as denationalization and statelessness can be curbed.