
Publication date
25/01/2016
Price (ZA)
R180.00
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 v
Disclaimer vii
Abbreviations viii
Definitions ix
Summary 1
African citizenship law 2
Racial, ethnic, and religious discrimination 3
Gender discrimination 5
Naturalisation 5
Dual citizenship 7
Due process: Revocation of citizenship and expulsion of citizens 8
International norms 9
Recommendations 10
International norms on citizenship 18
The right to a nationality 18
State succession and citizenship 21
Discrimination and arbitrary deprivation of citizenship 23
Due process in relation to expulsion 25
The jurisprudence of the African Commission on Human and People’s Rights 25
Citizenship under colonial rule 28
The basis of citizenship law today 32
Right to a nationality 34
Citizenship by descent 39
Racial and ethnic discrimination 42
Gender discrimination 45
Botswana: The Unity Dow Citizenship Case 48
Reforms in North Africa 50
Ethiopia: The constitution and law are gender neutral, but practice is not 53
Proof of nationality 55
Supreme Court rules on proof of nationality in DRC 56
Dual citizenship 58
A change of mind on dual citizenship in East Africa 60
Citizenship by naturalisation 64
Citizenship requirements for public office 73
Egypt: Dual citizenship and political rights 74
Rights for the African diaspora 76
Ethiopia 76
Ghana 77
Loss and deprivation of citizenship 78
Right to identity documents and passports 86
Egypt recognises the right of adherents of “non-recognised” religions to documentation 87
Citizenship as a “durable solution” for refugees 88
Appendix: Legal sources 96
Index 100