BANJUL (SONNA) — The African Commission on Human and Peoples’ Rights (ACHPR) marked the second anniversary of the adoption of the Protocol to the African Charter on Human and Peoples’ Rights on Specific Aspects of the Right to Nationality and the Eradication of Statelessness in Africa. Released on Wednesday in Banjul, the Commission’s statement reaffirmed its commitment to reinforcing human rights protection frameworks across the continent. The organization urged all States Parties to the African Charter to expedite domestic procedures for the signature and ratification of this critical legal instrument.
The Commission noted with concern that, two years after its adoption on February 18, 2024, no signatures or ratifications have been officially recorded. The Protocol requires fifteen instruments of ratification to enter into force. Once active, this framework will substantially consolidate ongoing efforts by numerous African nations to improve birth registration, streamline documentation, eliminate gender-based discrimination in nationality laws, and safeguard the fundamental right to a nationality.
The drafting of the Protocol responds directly to the specific realities of the African continent while aligning with international standards, such as the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. The Commission highlighted that statelessness in Africa is frequently driven by legislative gaps, conflicts in nationality laws, forced displacement, intra-African migration, and systemic difficulties in accessing civil registration. Furthermore, discriminatory practices based on gender, ethnic origin, or community membership exacerbate the crisis, disproportionately affecting women, children, and vulnerable populations.
Emphasizing that the lack of a recognized nationality severely restricts access to education, healthcare, formal employment, and freedom of movement, the Commission issued a comprehensive call to action. It directed States Parties to align their legal and administrative frameworks with the Protocol’s objectives. Regional and sub-regional organizations were tasked with supporting regulatory harmonization, institutional capacity building, and cross-border cooperation. Additionally, the Commission appealed to civil society, national human rights institutions, and international partners to intensify awareness campaigns, provide technical support, and strengthen civil registration mechanisms to achieve sustainable solutions.
The African Commission concluded by affirming its readiness to assist States Parties through technical exchanges, capacity-building, and the sharing of best practices. This collaborative approach aims to ensure the effective implementation of the Protocol tailored to respective national contexts, advancing the goals of the Global Alliance to End Statelessness, of which the African Union is a constituent member.
