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First Comprehensive Analysis of Africa's Citizenship Laws

Highlights Consequences of Gender & Ethnic Discrimination

(Kampala, Uganda, 21 October 2009)—The lack of citizenship rights generates conflict and undermines democracy in many countries in Africa, according to two new studies by the Open Society Institute. The reports, the culmination of years of research, analyze citizenship laws from all 53 countries in Africa. Released on African Human Rights Day, the reports recommend that countries amend their constitutions and laws and that the African Union adopt a treaty on the right to nationality.......

 

Key Findings Include:

• Only a handful of African countries provide in law for children born on their soil to have a right to their nationality if they would otherwise be stateless, despite the provisions of international treaties that require this protection.

• The laws of at least half a dozen countries, including the Democratic Republic of Congo, Liberia, Malawi, Sierra Leone, Somalia, and Uganda, include provisions that restrict nationality from birth to members of certain ethnic groups.

• More than half of Africa's countries still discriminate against women and deny them the right to pass citizenship to their children or husbands.

• Though almost all countries have laws allowing foreigners to naturalise, in practice, citizenship is often almost impossible to obtain.

• Half of Africa's states allow revocation of a person's birth nationality and in many countries governments can rescind naturalised citizenship on highly arbitrary grounds.

 

http://www.afrimap.org/report.php#41

 

Citizenship Law in Africa: A comparative study
Open Society Institute
21 October 2009

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 Institute, 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 naturalization, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It is essential reading for policymakers, attorneys, and activists.

The report is also available on the Open Society Justice Initiative website. More advocacy materials are at the Citizenship Rights in Africa Initiative website.

Citizenship Law in Africa: A comparative study - Discussion Paper
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Citizenship Law in Africa: A comparative study
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Download the report in sections & in other languages

 

Struggles for Citizenship in Africa
Zed Books
21 October 2009

Hundreds of thousands of people living in
Africa find themselves non-persons in the only state they have ever known. Because they are not recognised as citizens, they cannot get their children registered at birth; they cannot access state health services; they cannot obtain employment without a work permit; and if they leave the country they may not be able to return. Most of all, they cannot vote, stand for office, or work for state institutions. Ultimately, such policies can lead to economic and political disaster, or even war. The conflicts in both Côte d’Ivoire and the Democratic Republic of Congo have had at their hearts the right of one part of the national population to share with others on equal terms the rights and duties of citizenship. This book brings together new material from across Africa of the most egregious examples of citizenship discrimination, and makes the case for urgent reform of the law. It is twinned with the report published by the Open Society Institute Citizenship Law in Africa: A Comparative Study. Chapter one of the book is available below, and the other chapters can be downloaded by clicking on the link for 'download the report in sections', or from the Open Society Justice Initiative website. The book is available for purchase from the Zed Books Website.

Struggles for Citizenship in Africa - Discussion Paper
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