Social Science Research Council

Recent research in Burundi on the repatriation of refugees has highlighted the strong link between land and citizenship. The research tracked the experience of refugees returning to southern Burundi and (re)claiming their citizenship. Most had been living in exile in Tanzania – some since the early 1990s, and others since 1972. Some were born in exile and had never been to Burundi before. Others left when they were children. But all of them had a strong notion that returning to Burundi signified an end to exile and an opportunity to finally become citizens of their homeland. And the measure of that renewed bond between citizen and state was their ability to recover land.

There are two ways to kill in human community: you can kill a human being or you can kill the citizen. The first is biological; the second is sociological but no less real. The former is called homicide; the latter is civicide. Both are wrong, unlawful, and criminal. In addition, civicide is an egregious act of abuse of power.

“Give us our identity cards and we hand over our Kalashnikovs”, said the leader of the rebel forces in Côte d’Ivoire. Those who have never been deprived of official papers may find it hard to imagine the powerlessness that results: powerlessness that can and does lead people to take up arms. Even in the poorest countries, a passport or identity card does not just provide the right to travel, but forms the basis of the right to almost everything else.

Article 15 of the Universal Declaration of Human Rights (UDHR) says “[e]veryone has the right to a nationality” and that “[n]o one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality”. Most articles of the UDHR are considered customary international human rights law. The right to citizenship/nationality is clearly stated. So why is there a global, and particularly African, problem with statelessness?