The Impact of Climate Change in the Southern African Region and Statelessness

Abstract

The right to nationality is among the fundamental rights that are recognisable under international and regional treaties, as well as national laws. Under international law, the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness (collectively the “Statelessness Conventions”), for example, were adopted to promote and protect the right to nationality and eradicate statelessness. There are three ways by which nationality can be acquired: by descent or parentage (jus sanguinis – law of the blood), by birth on the territory (jus soli – law of the soil), or by way of naturalization which includes (jus domicili or long residence). However, the determination of nationality remains ambiguous, and statelessness is becoming a major concern in the Southern African Region. Statelessness often occurs due to the lacunae found in the laws, policies, and practices of states that deny individuals their right to nationality, at birth or later in life. Stateless persons become unfairly marginalised and denied their basic human rights and access to services, legal protection, and recognition. Statelessness is not only harmful to stateless persons themselves but can destabilise the society in which such persons live. This article investigates the risks of statelessness that can be associated with cross-border and permanent displacement due to the impacts of climate change. It evaluates the likelihood that such circumstances may lead to uncertain rights and legal statuses of stateless persons, issues that have the potential to be passed on to subsequent generations. The article concludes with recommended solutions for effectively preventing statelessness and for protecting and promoting the rights of stateless persons in the Southern African Region, specifically South Africa, Mozambique, and Tanzania.