Citizenship Law in Africa: 3rd Edition

Front Cover
African Minds, Feb 2, 2016 - Political Science - 150 pages

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.

 

Contents

Summary and recommendations
1
International norms on nationality
21
Nationality under colonial rule and the transition to independence
38
The basis of nationality law today
43
The right to a nationality in national law
45
Nationality based on birth in the territory
47
Nationality based on descent
53
Adopted children
57
Naturalisation
80
Nationality requirements for public office
97
Rights for the African diaspora
101
Loss and deprivation of nationality
103
Renunciation and reacquisition
112
Evidence and documentation
116
State successions since independence
125
Naturalisation as a durable solution for refugees
128

Racial and ethnic discrimination
60
Gender discrimination
63
Dual nationality
73
Legal sources
134
Back cover
137
Copyright

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