National laws usually grant nationality to children at birth based on a combination of two principles: the nationality of the parent(s) and the location of birth of the child. All African states provide for a child to acquire nationality based on descent, though some still discriminate on the basis of the sex of the parent.
The laws of around half of the countries in Africa provide automatic citizenship to children born in the territory themselves, or if their parents were also born there, or give the children of non-citizen parents the right to claim nationality if they are still resident there when they reach the age of majority. However, more than 20 countries either make no provision for children born on their territory to claim nationality if they have no other claim to nationality or do so only if the child is of unknown parentage.
The minimum requirement to prevent statelessness among children, required by the African Charter on the Rights and Welfare of the Child, is for national laws to grant nationality to any child born in the territory who would otherwise be stateless. In addition, national laws should provide for children of unknown parents to be presumed to have the nationality of the country where they are found, for adopted children to acquire the nationality of their adoptive parents, and for children whose parents naturalise to acquire nationality at the same time.
By Nelson Manneh A woman at a Constitutional Review Commission (CRC) meeting held yesterday at the Brikama garage in Serrekunda told Commissioners that the Constitution should protect people from statelessness. Isatou Jobe said there are some people who were born…
By Jan Bornman If amendments to the Births and Deaths Registration Act are approved, the children of migrants and other vulnerable groups might find it even more difficult to access basic services. Under the proposed amendments, these children will receive…
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Freeman Razemba Senior Reporter Zimbabweans living abroad can now apply for birth certificates for their children born on foreign soil through the country’s embassies, Registrar-General Mr Clemence Masango, has said. Mr Masango told journalists yesterday that his office no longer…
Par Dominique Ouattara Dominique Ouattara est l’épouse d’Alassane Ouattara, président de la République de Côte d’Ivoire. Anciennement chef d’entreprise, elle se consacre aux activités de sa Fondation Children of Africa depuis l’élection de son époux, ainsi qu’au Fonds d’appui aux…
Yesterday’s Supreme Court judgement on the interpretation of South Africa’s Citizenship Act could result in a swathe of young people – those born and raised in South Africa with foreign parents – being able to apply to citizenship. We speak to Michelle,*…
Minister of Home Affairs v Miriam Ali Today, the Supreme Court of Appeal handed down judgment confirming the Western Cape High Court’s (WCHC) position, which provides that children born in South Africa to foreign national parents are entitled to apply…
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The Communication concerns Ms Iman Hassan Benjamin who was not able to attend her university education due to lack of national identity card, and further becomes stateless. She was denied an identity card because her late father would have become…
Time is running out for Ebenezer Odei to get the funding he needs to be able to attend university in 2019. Odei is a matric learner at Grassy Park High School. His parents are Ghanaian and came to South Africa…