Article 12(5) of the African Charter on Human and Peoples’ Rights bans mass expulsion of non-nationals, aimed at national, racial, ethnic or religious groups. The unusual inclusion of this prohibition within the article concerned with free movement was due to the recognition by the drafters of the Charter (adopted in 1981) of the history of such mass expulsions in Africa during the 1960s and 1970s.
Article 12 guarantees every person the right to enter and remain in his or her country of citizenship. A citizen may not be expelled from his or her own country (with the limited exception of extradition to face criminal charges in another country). Although international law does allow states to deport or expel non-nationals, their discretion to do so is not absolute: Article 12(4) of the African Charter requires that that a non-national may only be expelled from a country by virtue of a decision taken in accordance with the law. The African Commission on Human and Peoples’ Rights has held in several cases that a person whom the state is seeking to deport has the right to challenge both the decision to deport him or her, and the assertion that the person is in fact not a citizen.
Expulsion: An act by an authority of the State with the intention and with the effect of securing the removal of a person or persons (non-nationals or stateless persons) against his or her will from the territory of that State.
Deportation: The act of a State in the exercise of its sovereignty in removing a non-national from its territory to his or her country of origin or third state after refusal of admission or termination of permission to remain.
By Bronwen Manby Extract from Summary: The categories of people at risk of statelessness in the Horn of Africa are not dissimilar to those in other parts of the African continent. The first category is the most widely dispersed; that […]
By BOB KARASHANI The African Court on Human and Peoples Rights on Thursday ordered the Tanzanian government to pay a former NGO director $99,500 for illegally expelling him from the country in 2014. The court, sitting in Dar es Salaam, […]
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Bronwen Manby takes us through her new book Citizenship in Africa: The Law of Belonging. In an important contribution to the literature on statehood, citizenship and identity in Africa, this piece highlights the importance of formal legal frameworks and contests over citizenship […]
By Bronwen Manby Key findings and recommendations Extent of statelessness It is not possible to establish the number of stateless persons in the Partner States of the East African Community (EAC), but it is clear that there are tens of […]
By Bronwen Manby Citizenship in Africa provides a comprehensive exploration of nationality laws in Africa, placing them in their theoretical and historical context. It offers the first serious attempt to analyse the impact of nationality law on politics and society […]
Coque Mukuta Aldeões dizem que forças de segurança mataram 16 pessoas na Lunda Norte O Governo angolano iniciou a 25 de Setembro uma campanha para repor o que chama de legalidade na exploração e comercialização dos diamantes, como uma das […]
By IVAN R. MUGISHA Rwanda has protested the increased cases of deportation and torture of Banyarwanda from Uganda. Kigali alleges that some Kinyarwanda speakers, former military officers, business people and students are being held incommunicado by Ugandan intelligence. The Rwandan […]
Kenya’s high court has directed that the deported lawyer, Miguna Miguna be allowed back into the country to face his accuser in person. The court through its judge Justice Chacha Mwita said Miguna must physically be present in court on […]
By Deus Ngowi Arusha — THE African Court on Human and Peoples’ Rights (AfCHPR) has ordered Government of Tanzania to amend its legislation to provide individuals with judicial remedies in the event of any dispute over their citizenship. The Court […]
NEW YORK—The African Court on Human and Peoples’ Rights (ACHPR) has taken a significant step to strengthen the right to nationality, in a case brought by a Tanzanian man who found himself forced to live in the no-man’s land between […]
By Paul Ogemba and Faith Karanja Opposition politician Miguna Miguna is free to return to Kenya after the High Court quashed Government decision to strip him of his citizenship. As soon as the judgement was delivered, Miguna stated he would […]