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.
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