The Right to Cross-Border Identity of Individuals with Eritrean and Ethiopian Ancestry: International and Comparative Law Perspectives

Abstract

The article addresses critical issues of law, policy and practice related to the right to cross-border identity of individuals with Eritrean and Ethiopian ancestry. It makes a call for a holistic approach in addressing the rights of such individuals, who are believed to form a considerable proportion of the total population in both countries, if not the majority. The article’s central argument is framed in the context of the developing norm of the right to dual nationality of those who have recognised origins in more than one country. It gleans insights from international and comparative law perspectives, by looking into the practice of some states that allow dual nationality. The argument aligns with fundamental principles of equality and the right to non-discrimination based on one’s national origin, as enshrined in various instruments of International Human Rights Law (IHRL). By making an explicit call for the recognition of dual nationality of individuals with Eritrean and Ethiopian ancestry, the article also argues that attendant questions and answers surrounding the issue of cross-border identity need to be ironed out in a sustainable manner in forthcoming rounds of negotiations between the governments of the two countries. This is imperative for ending the prolonged suffering of thousands of people from both countries, fulfilling also the international obligations of both states, all of which are important for ushering in a lasting peace between the two countries.