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 Zelda Venter Pretoria – Lawyers for Human Rights (LHR) scored major legal victories in two separate cases on behalf of people who have been fighting the various arms of government for years in a bid to simply continue with…
On 16 July, the Organic Law governing Rwandan nationality was passed outlining procedures and requirements for acquisition and application of Rwandan nationality. The new Organic law No.002/2021 replaces the 2008 Nationality Code and provides for more restrictive rules. It emphasises…
By Kenneth Matimaire Children born to victims of Gukurahundi massacres have been deprived of their right to access birth registration leading to dire human rights violations associated with statelessness, a new study has shown. The findings featured in a study…
Failure by Zimbabwean citizens in the diaspora to obtain birth certificates and national identity documents is depriving their children of the enjoyment of full rights and privileges, rendering them stateless. The impact of such statelessness is that the concerned children…
by CYRUS OMBATI Interior Cabinet Secretary Fred Matiangi will Wednesday grant a certificate of Citizenship to the Shona Community. This follows the move by Kenya to recognize the community as part of Kenyans. The Shona arrived in Kenya in 1959.…
Zimbabwe Lawyers for Human Rights and the Institute on Statelessness and Inclusion make this joint submission to the Universal Periodic Review (UPR), on the right to a nationality and human rights challenges pertaining to statelessness in Zimbabwe. This submission focuses…
1. International Refugee Rights Initiative, Minority Rights Group, The Uganda Child Rights NGO Network, the International Centre for Transitional Justice, and the Institute on Statelessness and Inclusion make this joint submission to the Universal Periodic Review (UPR), on the right…
Association Question des Femmes, Rencontre Africaine pour la Défense des Droits de l’Homme (RADDHO), WARIPNET (West African Refugees and Internally Displaced Persons Network), the Global Campaign for Equal Nationality Rights Equality Now and the Institute on Statelessness and Inclusion (ISI)…
Amnesty is calling for action to help those with no papers who are denied access to education, employment and healthcare By Nyasha Chingono At 45, Philimon Mashava has never had a bank account or a phone in his name. He…
Extracts relevant to Africa: Mobilizing governments and civil society On 25 May, the League of Arab States (LAS), in partnership with UNHCR, convened the virtual “Arab Regional Conference: Towards an Action Plan on Belonging and Legal Identity”. The conference resulted…