The Universal Declaration of Human Rights provides that “everyone has the right to a nationality”. In order for individuals to enjoy that right, however, national laws, regulations and procedures must conform with certain basic standards set out in African and international law.
Few African countries provide for an explicit right to a nationality in their laws. Even where the right to a nationality is provided in the constitution, the nationality law and state procedures may not respect that right in practice.
The most important steps to protect the right to a nationality include ending discrimination in acquisition of nationality by a child, especially based on the sex of the parent or birth in or out of wedlock; ensuring that children of unknown parents or adopted children can acquire nationality; and enabling a child to acquire the nationality of the state where he or she is born if the child cannot acquire the nationality of his or her parents. National laws and procedures should also ensure the possibility for adults to apply for nationality based on long residence in the country, including for refugees or stateless persons. Decisions relating to acquisition and loss of nationality should respect due process and be subject to appeal to the courts.
In some cases, nationality is granted by law, but the necessary documents to assert this right — most commonly a birth certificate and a national identity card — are not accessible, causing serious problems in obtaining recognition of nationality in practice.
This website uses the words “citizenship” and “nationality” as synonyms for the legal status recognised by states that gives an individual certain rights in that state not granted to non-nationals. While “citizenship” is more commonly used for this status in common law countries; (the translation of) “nationality” is more often used in those with a civil law tradition.
Author: Zekhethelo Cele LLM Candidate, Centre for Human Rights, University of Pretoria Chidimma Vanessa Adetshina’s nationality has sparked a significant debate on identity, belonging, and representation between South Africa and Nigeria. Allegedly born in South Africa to a Nigerian father […]
By Julia Schweers Introduction Ghana’s citizenship laws were first defined with independence from British colonial rule in 1957. Its early citizenship laws established the so-called ‘Lancaster House’ model, which other African states later also used to determine membership at independence, […]
Article 1er: La présente loi a pour objet de définir les conditions et modalités spécifiques suivant lesquelles les personnes reconnues comme afrodescendants peuvent acquérir la nationalité béninoise par reconnaissance. Article 2 : Est Afro-descendant au sens de la présente loi, […]
À l’approche des élections présidentielles de 2025 en Côte d’Ivoire, le pays est secoué par une révélation alarmante. Selon l’analyste socio-politique, Ahouman Gaël Lakpa plus de 40 000 personnes auraient obtenu la nationalité ivoirienne de manière frauduleuse. Cette découverte soulève […]
By Victoria O’Regan Debates about Sowetan-born, former Miss South Africa contestant Chidimma Adetshina’s nationality have prompted questions about South African citizenship. What does it mean to be South African in terms of the law? Citizenship, in the legal sense, means […]
By Zuwena Shame THE Legal and Human Rights Centre (LHRC) has urged the law reform institutions to repeal Section 37 of the Constitution Act, which relates to amending citizenship law and its procedures. Dr Anna Henga, the LHRC executive director, […]
Ce texte, qui doit encore être promulgué par le président Patrice Talon, donnera la possibilité d’obtenir la citoyenneté béninoise à « toute personne qui, d’après sa généalogie, a un ascendant […] déporté dans le cadre de la traite des Noirs […]
The Department of Home Affairs herewith provides an update on the ongoing investigation into the citizenship of Chidimma Adetshina, a contestant in the upcoming Miss SA event. The reason for the ongoing nature of the investigation is that its scope […]
By Envaalde Matheus Namibia’s home affairs minister has tabled a bill that will grant people born with South West Africa (SWA) identification documents (IDs) full Namibian citizenship. Up to now, many of these individuals have been unable to get Namibian […]
To provide for a process for application for acquisition of Namibian citizenship by naturalisation for holders of South West Africa identification documents; to provide for a process for application for acquisition of Namibian citizenship by birth or descent of the […]
Chidimma Adetshina’s success should be a reason to celebrate SA’s diverse heritage By STEFANIE DE SAUDE DARBANDI The SA Citizenship Act of 1995 outlines the criteria for citizenship, which were revised after January 2013. The act now uniformly grants citizenship […]
Extracts relevant to Africa: Action 1: Resolve existing major situations of statelessness In February 2024, in Kenya, UNHCR is reviewed and provided technical feedback on a proposed amendment of the Kenya Citizenship and Immigration Act, aiming to establish a registration […]