Two years after the adoption of the Protocol to the African Charter on Human and Peoples’ Rights on the Specific Aspects of the Right to Nationality and the Eradication of Statelessness in Africa, no African country has signed or ratified the instrument.
In a statement marking the second anniversary of the Protocol’s adoption on February 18, 2024, the African Commission on Human and Peoples’ Rights (ACHPR) expressed concern over the lack of progress and renewed its call on States to act.
“The African Commission notes that to date, no signatures or ratifications have been recorded,” the Commission said. It urged States Parties to the African Charter on Human and Peoples’ Rights to “initiate, as soon as possible, domestic procedures for the signature and ratification of this essential instrument.”
The Protocol, adopted under the auspices of the African Union, was designed to “complement and strengthen the Charter by establishing a continental framework dedicated to the right to nationality and the eradication of statelessness in Africa.” It will enter into force only after fifteen instruments of ratification have been deposited.
According to the Commission, the entry into force of the Protocol would significantly improve consolidated efforts already undertaken by many African States in areas such as birth registration, access to documentation, removal of gender discrimination in nationality laws, and prevention of statelessness.
Statelessness remains a persistent challenge across the continent. The ACHPR noted that it is often linked to “gaps in or conflict of nationality laws, persistent difficulties in accessing civil registration and nationality documentation, the effects of forced displacement and intra-African migration, and certain situations of discrimination, including on the basis of gender, origin or community membership.” The Commission noted that children, women, and other vulnerable groups are particularly affected.
The Commission warned that “the absence or uncertainty of nationality can limit the effective exercise of fundamental rights,” including access to education, health care, employment, social services, freedom of movement and participation in public life. It described preventing and reducing statelessness as “an essential lever for legal certainty, social cohesion and inclusion.”
The Protocol aligns with international standards, including the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, while responding to Africa’s specific realities.
The Commission also linked the Protocol’s objectives to the vision of the Global Alliance to End Statelessness, launched in 2024, of which the African Union is a member.
In its anniversary statement, the ACHPR called on States to sign and ratify the Protocol and align their legal and administrative frameworks with its objectives. It further urged regional and sub-regional organisations to support regulatory harmonisation and cross-border cooperation. It also encouraged civil society and national human rights institutions to continue raising awareness and promoting dialogue, including with stateless communities.
International partners were asked to support efforts to strengthen civil registration systems, documentation processes, and mechanisms for preventing and resolving statelessness.
The Commission reaffirmed its readiness to assist States through “technical exchanges, sharing of good practices, and capacity-building support” to promote ownership and effective implementation of the instrument.
The statement was issued in Banjul by Honourable Commissioner Selma SASSI-SAFER, Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons and Migrants in Africa, on February 18, 2026.