Denationalisation and Statelessness: A Comparative Analysis of the Congolese, Eritrean, Ethiopian, and Sudanese Nationality Laws

Abstract

This article examines the role of nationality laws in mitigating or aggravating statelessness, focusing on four African states characterised by high emigration rates: Sudan, the Democratic Republic of the Congo (DRC), Ethiopia and Eritrea. It identifies the rejection of dual nationality and the proliferation of grounds for nationality revocation as primary drivers of statelessness, arguing that possessing additional nationalities often serves as the central justification for denationalisation. Moreover, through a comparative analysis of the selected nationality laws, the study highlights how some of the selected countries simultaneously benefit from their diasporas while refusing to formally allow the possession of dual nationalities. Methodologically, the article engages with primary sources, including national laws and international conventions, supplemented by secondary materials such as scholarly works on denationalisation and statelessness, official reports, and digital archives. It systematically evaluates divergences and parallels in revocation provisions across the selected countries, revealing contradictions between legal texts and their implementation. The study concludes with targeted legislative recommendations: Sudan, while permitting dual citizenship, must address discriminatory provisions affecting South Sudanese communities and tighten some of the grounds for the revocation of nationality. The DRC and Ethiopia should formally recognise dual nationality to respond to their realities and embrace the inevitable shift in this direction. Lastly, Eritrea’s outdated nationality law requires reform to align the practice with the law and introduce rules governing renationalisation and dual nationality and to tighten the grounds for the revocation of nationality. Collectively, these reforms would advance compliance with international law and reduce risks of statelessness.