Statement by the African Commission on Human and Peoples' Rights on the second anniversary of the Protocol to the African Charter on the Specific Aspects of the Right to Nationality and the Eradication of Statelessness in Africa: Call for signature and ratification
Banjul, 18 February 2026 - On the occasion of 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 (the Protocol) (adopted on 18 February 2024), the African Commission on Human and Peoples' Rights (the African Commission) reaffirms its commitment to strengthening human rights protection frameworks on the continent and reiterates its call on States Parties to the African Charter on Human and Peoples' Rights (the Charter) to initiate, as soon as possible, domestic procedures for the signature and ratification of this essential instrument.
The African Commission notes that to date, no signatures or ratifications have been recorded. The entry into force of the Protocol – which will occur after fifteen (15) instruments of ratification have been deposited – would contribute significantly to consolidating the efforts already undertaken by many African States in the areas of birth registration, documentation, removal of gender discrimination in nationality laws, prevention of statelessness and protection of the right to a nationality.
The Protocol 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 is consistent with relevant international standards, in particular the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, while responding to the specific realities of the continent.
The African Commission notes that statelessness in Africa is often linked to specific challenges, including : gaps in or conflict of in 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. These factors can particularly affect children, women and people in vulnerable situations.
The African Commission reiterates that the absence or uncertainty of nationality can limit the effective exercise of fundamental rights, including access to education, health, employment, social services, freedom of movement and participation in public life. Preventing and reducing statelessness is, in this regard, an essential lever for legal certainty, social cohesion and inclusion, and is fully in line with the vision and mission of the new Global Alliance to End Statelessness, launched in 2024, of which the African Union is a member .
Consequently, the African Commission calls on:
• States Parties to the African Charter to sign and ratify the Protocol, and to align their legal and administrative frameworks with its objectives, in accordance with their constitutional procedures ;
• regional and sub-regional organisations to support, in accordance with their mandates, the dynamics of regulatory harmonisation, institutional strengthening and cooperation on cross-border situations ;
• civil society, national human rights institutions and all relevant stakeholders to continue their efforts to raise awareness, promote dialogue, including with stateless communities, and provide technical support in order to promote sustainable solutions ;
• international partners to support, in coordination with States, efforts to strengthen civil registration, documentation and mechanisms for the prevention and resolution of statelessness.
The African Commission reaffirms its readiness to support States Parties through technical exchanges sharing of good practices, and capacity-building support, in order to promote ownership of this instrument and its effective implementation, in accordance with national contexts.
1. https://au.int/sites/default/files/treaties/44126-treaty-FR_Protocol_on….
2. https://statelessnessalliance.org/.
Done at Banjul, 18 February 2026
Honourable Commissioner Selma SASSI-SAFER,
Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons and Migrants in Africa
