Many individuals across Africa have difficulty in asserting their rights because they are unable to access identity documents that prove that they are citizens. Putting in place barriers to accessing documents that prove nationality is far more common than explicit denial of nationality, but it can be just as damaging. Those without access to identification as nationals may be denied freedom of movement, access to education and land and other rights.
The barriers to accessing proof of citizenship may take the form of administrative obstacles. For example, in Swaziland, non-ethnic Swazis often experience lengthy processing delays in accessing documentation. In Kenya, a constitutional review process in 2002 heard numerous complaints from members of marginalised ethnic groups such as the Somalis and Nubians of being forced to face burdensome screening procedures not applied to other Kenyans in order to get access to national ID cards or passports. One of the most common causes of lack of identification as a citizen on attaining adulthood, whether of the state of residence or of another state, is the failure of state authorities to ensure birth registration and the issue of birth certificates to every child born in the territory, including children of refugees.
The UN conventions on refugees and on stateless persons, as well as the Organisation of African Unity Convention governing the Specific Aspects of Refugee Problems in Africa, provide for states to issue identity and travel documents to refugees (Article 27 of both the Conventions relating to the status of Refugees and of Stateless Persons, Article 13 of the OAU Refugee Convention). The same requirement is placed on states in relation to internally displaced persons by the UN Guiding Principles on IDPs and the Kampala Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Principle 20 and Article 13 respectively). UNHCR issued guidance on such documents in 1984. However, in practice, these documents may not be freely given, may not be recognised by all national authorities, or may be made available only if refugees accept restrictions on their freedom of movement.
In September 2015, the UN General Assembly adopted the Sustainable Development Goals. Target 16.9 of the SDGs is “By 2030, provide legal identity for all, including birth registration”. The World Bank has taken up this idea in its initiative “identification for development” (ID4D).
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…
Decision No. 002/2018; adopted at the 31st Ordinary Session of the ACERWC, May 2018; published 29 November 2018. IV: Decision of the Committee 104. For the foregoing reasons, the Committee finds that the Respondent State is in violation of its…
Botul and her four children are members of Kenya’s Nubian community. Despite the fact that Nubians are Kenyan citizens, these Muslim-majority ethnic and tribal groups are forced to undergo a lengthy and discriminatory vetting process to obtain the identity documents…
Les acteurs de l’état-civil de la région du Sud ont échangé à Ebolowa le 19 Novembre dernier sur les réformes à apporter à cette question, avec la participation d’une délégation de l’Union Européenne. L’objectif est de rappeler l’importance de l’état-civil…
Addis Ababa, 18 November 2018 (ECA) – The Economic Commission for Africa (ECA) and the Omidyar Network have announced a partnership to establish legal digital identities in Africa. The partnership, will go towards ECA’s support to the African Union Commission…
Submissions on proposed Draft Regulations on the Registration of Births and Deaths from: Refugee Social Services UCT Childrens Institute Save the Children South Africa Centre for Child Law and Lawyers for Human Rights (endorsed by other organisations)
Joint Press Release The Department of Home Affairs has published its proposed new regulations to the Births and Deaths Registration Act and is calling for the discontinuation of the issuing of birth certificates to foreign children. Where previously all children…
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 Arthur Velker A bar of light falls on the long metal rack against the wall, illuminating a dusty stack of paper archives. A stout figure moves past, eyeing the books with hawk-like precision. ‘Rats,’ he says. ‘They will eat…
Mr Aliyu Aziz, Director-General of the National Identity Management Commission (NIMC), says 33 million Nigerians have enrolled for the National Identification Number (NIN). Aziz said on Monday said that the commission had stepped up its strategy to fast-track the enrolment…