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.
La transmission automatique de la nationalité est acquise pour les femmes malgaches. Elles peuvent désormais, transférer leur nationalité à leur enfant, dès leur naissance. L’article 9 de la nouvelle loi sur la nationalité, publiée dans le Journal Officiel de la…
Libyan women’s rights campaigners have angrily taken to Twitter after the committee responsible for their country’s new constitution backtracked on a major issue. While a previous draft of Libya’s long-awaited constitution had allowed women to pass on their nationality to their…
By Bronwyn Davids Cape Town – The UN Committee of the Rights of the Child has castigated South Africa for not changing its Birth and Death Registration Act which discriminates against children born in this country to foreign parents. It…
Pretoria – The Department of Home Affairs says it applies the law when it determines and records the identity and status of persons. The statement follows media reports claiming that the South African Human Rights Commission (SAHRC) may probe why…
Bronwyn Davids Cape Town – The South African Human Rights Commission (SAHRC) is to review why children born in South Africa to foreign parents are not automatically awarded citizenship by the Department of Home Affairs. Advocate Priscilla Jana, deputy chairperson…
Chegutu West legislator Dexter Nduna says the primary concern of citizenship status of aliens should be addressed as a matter of urgency. The Constitution of Zimbabwe is very clear on the issue of citizenship and registration of children, including those…
A soldier who fathered a baby while on a peacekeeping mission is helping create clarity on the issue of registering births of children born in South Africa to an SA parent and a foreign national. The Grahamstown High Court this…
Action 2 of the Global Action Plan calls on States to ensure that no child is born stateless. Only if statelessness among children is addressed will the objective of the Global Action Plan – to end all statelessness by 2024…
Au pays de la « révolution du jasmin », l’octroi de la nationalité à des étrangers n’est pas une mince affaire. Comme en témoignent les six mille demandes en souffrance. Le 4 janvier 2016, Alfonso Campisi, 48 ans, fait le buzz. Cet écrivain…
By Bernadette Wolhuter A FATHER’S desperate wish to have his daughters recognised as South African citizens was finally realised this week when they were both issued with birth certificates, but he was not around to witness it. The Durban man,…