The ten states of the Southern African region recognised by the African Union have a very diverse history on nationality, despite the common legal heritage of the majority within the British Commonwealth. The “settler states” of South Africa, Zimbabwe and Namibia had their own nationality laws much earlier than the other states who only adopted nationality legislation after independence in the 1960s and 70s.
While the laws of South Africa and Namibia provide strong protections against statelessness, as do those in the lusophone states, the descent-based laws in the remaining anglophone countries have left many at risk of statelessness. Gender-based discrimination has reduced; but Southern Africa has moved less far towards acceptance of dual nationality than other regions.
The main crisis relating to citizenship in the region has been in Zimbabwe, where the government from 2000 refused to recognise people who had a potential claim to another nationality as Zimbabweans (even if they had never made any attempt to claim that nationality, and might not qualify for it under the other state’s national law). The 2013 constitution of Zimbabwe should have resolved some of these questions, in particular since it allowed dual nationality for citizens from birth; but five years later the citizenship act had yet to be amended, and many were still forced to litigate to restore their citizenship.
The Southern Africa region is joined by five additional states (DRC, Madagascar, Mauritius, Seychelles, Tanzania) to form the Southern African Development Community (SADC) a regional economic community also recognised by the AU. SADC adopted a protocol on facilitation of free movement in 2005, but it is far less comprehensive and regional integration generally is less developed than in East and West Africa (and is not yet in force). The SADC Protocol on Gender and Development, however, contains strong commitments for women’s equality to be enshrined in constitutions and national laws. In 2016, the SADC Parliamentary Forum adopted a resolution on the prevention of statelessness.
By Mwaka Ndawa THE State has argued that it has strictly followed the provisions of the Constitution in implementing the mobile registration exercise and in the issuance of National Registration Cards and has abided by the National Registration Act Chapter…
Special feature in Zimbabwe Daily News: Download: ZHRC feature documentation report launch dailynews16Oct2020
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Mkhululi Ncube, Chronicle Reporter THE Zimbabwe Human Rights Commission (ZHRC) has said there is need for the Registrar General`s office to expedite the issuance of registration documents to Gukurahundi victims as part of measures of bringing closure to the emotive…
By Anna Chibamu THE Zimbabwe Human Rights Association (ZimRights) has applauded Zimbabwe Human Rights Commission (ZHRC) for the successful completion of the Inquiry on Access to Documentation in Zimbabwe and subsequent launch of the report last Thursday in Harare. ZimRights…
SPEAKER of the National Assembly Jacob Mudenda has said a passport is a human right and not a privilege because it affords people the right to movement as enshrined in the Constitution. Mudenda made the remarks while officiating at the…
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Fatima Bulla-Musakwa A birth certificate is the most difficult national document to access in Zimbabwe, with Manicaland province having the highest number of people experiencing this challenge, according to findings released in the latest report on National Inquiry on Access…
EXECUTIVE SUMMARY (extract) Access to documentation is a fundamental human right. It is a right upon which other rights can be enjoyed. National documents establish the legal relationship between a citizen and his or her country and they give rise…
This is a summary of the challenges faced by Zimbabweans in Accessing Documentation to enable them to access their fundamental rights and freedoms. Watch: https://www.youtube.com/watch?v=ShfqEhGNA6c&feature=youtu.be