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Publication date
25/01/2016

Language
English

ISBN
978-1-928331-08-7

Citizenship Law in Africa: A Comparative Study (3rd edition)

By Bronwyn Manby

Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship effectively leave hundreds of thousands of people in Africa without a country. These stateless Africans can neither vote nor stand for office; they cannot enrol their children in school, travel freely, or own property; they cannot work for the government; they are exposed to human rights abuses. Statelessness exacerbates and underlies tensions in many regions of the continent. Citizenship Law in Africa, a comparative study by two programs of the Open Society Foundations, describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state and recommends ways that African countries can bring their citizenship laws in line with international rights norms. The report covers topics such as citizenship by descent, citizenship by naturalisation, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It is essential reading for policymakers, attorneys, and activists.

This third edition is a comprehensive revision of the original text, which is also updated to reflect developments at national and continental levels. The original tables presenting comparative analysis of all the continent’s nationality laws have been improved, and new tables added on additional aspects of the law.  Since the second edition was published in 2010, South Sudan has become independent and adopted its own nationality law, while there have been revisions to the laws in Côte d’Ivoire, Kenya, Libya, Mali, Mauritania, Namibia, Niger, Senegal, Seychelles, South Africa, Sudan, Tunisia and Zimbabwe.  The African Commission on Human and Peoples’ Rights and the African Committee of Experts on the Rights and Welfare of the Child have developed important new normative guidance.

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Table of contents

Sources and acknowledgments | Disclaimer | Abbreviations | Definitions

Summary

African citizenship law

Racial, ethnic, and religious discrimination

Gender discrimination

Naturalisation

Dual citizenship

Due process: Revocation of citizenship and expulsion of citizens

International norms

Recommendations

International norms on citizenship

The right to a nationality

State succession and citizenship

Discrimination and arbitrary deprivation of citizenship

Due process in relation to expulsion

The jurisprudence of the African Commission on Human and People’s Rights

Citizenship under colonial rule

The basis of citizenship law today

Right to a nationality

Citizenship by descent

Racial and ethnic discrimination

Gender discrimination

Botswana: The Unity Dow Citizenship Case

Reforms in North Africa

Ethiopia: The constitution and law are gender neutral, but practice is not

Proof of nationality

Supreme Court rules on proof of nationality in DRC

Dual citizenship

A change of mind on dual citizenship in East Africa

Citizenship by naturalisation

Citizenship requirements for public office

Egypt: Dual citizenship and political rights

Rights for the African diaspora

Ethiopia

Ghana

Loss and deprivation of citizenship

Right to identity documents and passports

Egypt recognises the right of adherents of “non-recognised” religions to documentation

Citizenship as a “durable solution” for refugees

Appendix: Legal sources

Index

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In brief

African Minds is a not-for-profit, open access publisher of scholarly books based in Cape Town, South Africa. African Minds publishes predominantly in the social sciences and humanities, and its authors are typically African academics, as well as international academics who share a close affinity with the continent.


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