Statelessness in Africa, as elsewhere, has been caused by state succession, gaps in citizenship laws, and targeted discrimination. Traces of the colonial legacy remain in social, economic, or political structures and favor specific groups.
In other cases, the arbitrary boundaries that divided
linguistic, ethnic, and religious communities and interfered with
traditional patterns of movement have at times undermined access to
nationality. In Senegal, a small group of Mauritanian refugees have
spent 15 years in the limbo of statelessness. They exist without
valid refugee identity documents (most holding only a receipt for an
application for refugee status), limiting their ability to travel or
work and placing them at risk of arrest or harassment.
The 1948 Universal Declaration of
Human Rights holds that everyone has the right to a nationality. And
recognizing the severe impact of statelessness, the United Nations
developed the 1954 Convention relating to the status of Stateless
Persons to define a stateless person as someone who does not have the
legal bond of nationality with any state. This legal bond is reinforced
by the 1961 UN Convention on the Reduction of Statelessness.
In the late 1980s and early 1990s,
Mauritania stripped citizenship from a large portion of its non-Arab
population. Between 65,000 and 100,000 individuals were forced
out of their country when ethnic and regional tensions with Senegal
flared up. Senegal deported large numbers of Arabs to
Mauritania. The identity papers of many non-Moorish black
Mauritanians were confiscated and destroyed by Mauritanian
officials. As time went on, most of those forced out returned
home spontaneously. A Mauritanian representative told Refugees
International that despite some of the refugees’ claims, “Any real
citizens can return… if they possess valid documents or if current
residents can testify to their Mauritanian citizenship.” But the
refugees who have remained in Senegal, some of whom prefer to be called
deportees or expellees, say they are afraid to go back, since they were
forced out of their country.
Today, an estimated 19,000 persons
(claims range from 15,000 to 50,000) from the Pulaar (or Peul/Fulani),
Soninke, and Wolof ethnic groups live dispersed in settlements across a
600-kilometer strip near the Mauritanian border. International
refugee assistance ended in 1997 and no census has been taken in many
years. UNHCR continues to visit the refugee settlements and in
cooperation with UNICEF has undertaken preliminary efforts to encourage
birth registration, a requirement of signatories to the Convention on
the Rights of the Child.
RI was told that in theory
Mauritanian children born in Senegal could become citizens. Some
refugees are unwilling to register their children, as they prefer to
return to Mauritania and regain recognition of their citizenship there.
Parents remain divided about registration because, as one father said,
“I was expelled from Mauritania because I was born in a Dakar hospital.
If I get my son a Senegal birth certificate, they could expel him.”
Others who tried to register have been told to return to the office
repeatedly or asked for compensation beyond their means. “They don’t
tell you directly, but they know you can’t pay,” one parent said.
At one settlement all children over
six attend school. At another settlement of 1,700 just over 50 of
the children are reported to be attending school. A 13-year-old
boy told RI he would like to be a teacher but his job grinding grain
and finding water made it hard to study. He had no birth
certificate or refugee document. “I want to be helped with my
documents,” he said, since that might give him access to public
education. A girl who didn’t know her age said she was sent back
from school because she didn’t have supplies. Another girl said she had
never met a Mauritanian teacher, but hoped one day to become one.
Only a few refugees have an
annually renewable refugee card, which requires the time and expense of
a day-long journey to Dakar, waiting time, and payment for a photo and
other fees. In one camp with about 5,000 residents, it was
estimated that 10 people had such cards. Some of the other
refugees only have receipts for their application. A man said, “I
don’t know if we are refugees or not. I have a 1989 card, but the
government said it is not valid now.” Another asked, “What can
you do with a refugee application receipt? You can not get a job
or open a bank account.” A woman said, “We feel little hope.” Others
complained they were harassed when they tried to travel since they had
no valid documents.
A smaller number of the refugees
live in and around Dakar. One man, who works in the informal
sector due to his lack of status, said “Those who go back cannot
retrieve their rights. They are not really free.” But while the
situation in Senegal is basically stable he had been told, “If you are
Mauritanian, why don’t you go back.” The urban refugee repeats, “If
possible I want to be in Mauritania and develop the country, but we are
stateless.”
Senegal is to be commended for
becoming a signatory to the 1954 Convention relating to the status of
stateless persons and the 1961 Convention on the Reduction of
Statelessness. As an active and responsible member of the
international community, Senegal should be encouraged to help bring an
end to the legal limbo that the 19,000 or more refugees from Mauritania
continue to face.
“I think citizenship is the highest
level of identity,” a leader of the stateless Mauritanians told
RI. “It gives you rights, civil rights, which give you a civic
life. I think the Mauritanian issue is protracted is because we
educate our children that they are Mauritanian, not Senegalese.”
Although no formal repatriation agreement exists, RI was told that both
countries have permitted unsupervised, informal repatriation.
“Mauritanians can naturalize as Senegalese for convenience, but in his
mind he is Mauritanian,” one man said. Another confirms, “We
don’t belong to this place, and we will not return to Mauritania until
security is assured, citizenship is restored, and our goods and
property are returned.” Mauritanians, on the other hand,
note that those Arabs expelled from Senegal were never compensated for
the goods and property they lost.
Maureen Lynch
and Dawn Calabia visited Senegal in October 2006 to assess the
situation for stateless Mauritanians.
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Links:
[1] http://www.refugeesinternational.org/sites/default/files/senegal_0207.pdf