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 Kathleen Mpofu The Eastern Cape High Court in Grahamstown recently gave a decision in Naki v Director General Home Affairs that ensures the births of all children born in South Africa can be registered, regardless of the legal status…
The Pretoria High Court made an order this week declaring a 12 year-old boy to be a South African citizen. The Department of Home Affairs had unlawfully refused to register Wandile’s* birth, despite his clear right to be recognised as…
Birth registration is an important ‘event’ in the life of a child as it is a gateway to a child accessing other rights which are essential for the full and effective participation in society. UNICEF research has highlighted the following…
On 10th August 2018, the Botswana High Court agreed to a consent order in a case challenging the refusal of the Attorney General and Permanent Secretary to the Ministry of Nationality, Immigration and Gender Affairs to register the birth of…
Press Release Yesterday the Department of Home Affairs finally registered an 18 month old baby under pressure of a Children’s Court order. Baby Senelile* was found in a field in Pretoria soon after birth. There were no clues about who…
Watch our short explainer video here. Hundreds of children are forced into undocumented lives and denied their basic rights due to their parents’ documentation status. The Scalabrini Centre of Cape Town, Lawyers for Human Rights and the Legal Resources Centre call for the South African government…
By Bongani Nkosi Johannesburg – Home Affairs has been accused of violating human rights after refusing to grant citizenship to children born to undocumented mothers, but whose fathers are South African. In a scathing judgment delivered at the North Gauteng…
La pression migratoire extrême à laquelle est actuellement confrontée Mayotte place la République devant un défi qu’il est de son devoir de relever dans le respect de ses traditions républicaine Par: Thani Mohamed Soilihi Vice-président du Sénat, sénateur LREM de…
June 10, 2018 (KHARTOUM) – The Sudanese parliament Sunday approved some amendments of the nationality law aimed to reinstate Sudanese citizenship to people of South Sudanese origin who were stripped of their nationality after South Sudan independence 2011. Following the…
By Daniel Nemukuyu The Registrar-General, Mr Tobaiwa Mudede, is being sued at the High Court for turning down requests by men who wish to acquire birth certificates for their children in the absence of the minors’ mothers. The RG’s Office…