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.
by Kirstie Kwarteng Highlights West African governments are offering citizenship to descendants of enslaved Africans and other diaspora members as both a symbolic act of reparative justice and a practical strategy to attract investment, skills, and tourism. Benin, Ghana, Guinea-Bissau, […]
‘Jus soli’ gives anyone born on Mozambican soil effective citizenship and the rights associated with it This essay was written by Kamaro Christian courtesy of The Global Movement Against Statelessness (GMAS), a content partner of Global Voices. This post is […]
In the recent decision of Minister of Home Affairs and Another v Sakharov (2024-044391) [2026] ZAGPPHC 648 (22 June 2026), the Pretoria High Court had to determine whether the Department of Home Affairs (DHA) could rescind a Court Order directing […]
MONROVIA – A 178-year-old constitutional clause restricting citizenship to persons of Negro descent has returned to center stage. Dr. Robtel Neajai Pailey, an LSE scholar, brought a decade of research on the clause to the House of Representatives Tuesday. Her […]
By Leroy Maxwell Sonpon III The nation’s decades-old constitutional debate over citizenship, identity, and land ownership has resurfaced with renewed intensity following a caution from renowned Liberian political economist and scholar Robtel Neajai Pailey, who has urged lawmakers to proceed […]
By Sinenhlanhla Masilela The North Gauteng High Court in Pretoria has dismissed an application by the Minister of Home Affairs and the Director-General of Home Affairs to overturn an earlier order declaring a foreign national, Mikhail Sakharov as a South […]
By Sinenhlanhla Masilela| The North Gauteng High Court in Pretoria has rejected an application from the Minister of Home Affairs and the Director-General of Home Affairs to overturn a previous ruling that granted Mikhail Sakharov, a foreign national, South African […]
By John Sharp Cassandra Lewis’s path to citizenship in the African country of Benin began decades ago. As the youngest of nine children, she grew up listening to her father recount stories that were not fantasy tales of slave ships […]
(2024-044391) [2026] ZAGPPHC 648 (22 June 2026) Brief Facts [2] It is common cause that on or about 9 December 2013 the respondent was granted a permanent residence permit to reside in South Africa. It is also common cause that […]
by Zweli Martin Dlamini MBABANE: Wicknell Munodaani Chivayo, the Zimbabwean businessman who recently received a diplomatic passport from King Mswati after being granted Eswatini citizenship, is an ex-convict, an alleged fraudster and/or multibillion money-launderer. A brief research conducted by this […]
UNHCR, the UN Refugee Agency, commends the Government of the Republic of Botswana for granting citizenship to 69 refugees on the commemoration of this year’s World Refugee Day and the 75th anniversary of the 1951 Refugee Convention in Dukwi Refugee […]
Zimbabwean businessman Wicknell Chivayo has been granted Eswatini citizenship and a diplomatic passport by King Mswati III following a private audience at the Royal Palace. Otobong Tommy Zimbabwean businessman Wicknell Chivayo has been granted Eswatini citizenship and presented with a […]