The Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948, provides that: “Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality” (Article 15). Since then, the framework of international human rights law has gradually strengthened the rules that ensure that this right is respected and reduce the discretion of states in deciding who are their nationals.
Two early treaties adopted by the UN specifically focus on the right to a nationality: the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. In addition, all the international human rights treaties targeting various forms of discrimination mention the right to a nationality.
The African human rights system also provides important guarantees for the right to a nationality, especially in Article 6 of the African Charter on the Rights and Welfare of the Child. A proposed Protocol to the African Charter on Human and Peoples’ Rights would establish detailed guidance on the content of national laws.
Nationality laws which do not grant women equality with men in conferring nationality on their children are a cause of statelessness and a concern for UNHCR. Since 2012, UNHCR has, in line with its mandate to prevent and reduce statelessness, […]
Extracts relevant to Africa: Implementation of the Global Action Plan Action 1: Resolve existing major situations of statelessness On 12 December, during Kenya’s 59th Jamhuri Day (Independence day) celebrations, President Dr. William Ruto announced that the Government will “initiate modalities […]
Introduction to AHMR Volume 8 Number 3 September – December 2022 The African Human Mobility Review (AHMR) is an interdisciplinary peer-reviewed on-line journal created to encourage and facilitate the study of all aspects (socio-economic, political, legislative and developmental) of human […]
By Anette Bayer Forsingdal, Dianne Hubbard and Adrijana Corluka Scope and objectives of the study This report focuses on the nexus between birth registration, citizenship and statelessness in the 16 member states of the Southern Africa Development Community (SADC). The […]
More than 4.3 million people are stateless—that is, they are not recognized as a national by any country. Stateless people are often denied access to education, health care, employment, property ownership, freedom of movement, and political participation, and they are […]
The Centre for Human Rights, University of Pretoria, and the Southern African Nationality Network (SANN) call on African states, including members of the Southern African Development Community (SADC), to endorse the adoption of the Draft Protocol to the African Charter […]
Extracts relevant to Africa: Top events and news• Liberia becomes the third country since the start of the #IBelong Campaign to reform legislation to grant women and men equal rights in passing on their nationality to their children.• Nigeria adopts […]
Extract: RIGHT TO A NATIONALITY and ERADICATION OF STATELESSNESS ACKNOWLEDGING that statelessness can be a cause and a consequence of forced displacement, the latter particularly in protracted refugee situations; RECOGNIZING THAT the right to a nationality is a fundamental right […]
By Mumbi Gichuhi and Sandra Bucha Chapter in: Frans Viljoen, Humphrey Sipalla and Foluso Adegalu (eds.) Exploring African approaches to international law: Essays in honour of Kéba Mbaye, Pretoria University Law Press, 2022 Download book: https://www.pulp.up.ac.za/edited-collections/exploring-african-approaches-to-international-law-essays-in-honour-of-keba-mbaye Download chapter: https://www.pulp.up.ac.za/edocman/edited_collections/exploring_african_approaches/2022%20KM%20chapter%206.pdf
1. Bernard Anbataayela Mornah (hereinafter referred to as “the Applicant”) is a Ghanaian national and the National Chairman of the Convention People’s Party, a political party registered in Ghana. The Applicant alleges violations of human rights of the Sahrawi people […]
Extracts relevant to Africa: Top events and news • 15 civil society and legal aid organizations established the Eastern Africa Nationality Network. • Three pledges from the 2019 High Level Segment on Statelessness were fully or partially implemented in Georgia, […]
L’interdiction de déchoir arbitrairement de sa nationalité aux fins d’être expulsé vue par la Cour africaine. Par ses arrêts du 22 mars 2018 et 1 décembre 2021, la Cour africaine des droits de l’homme et des peuples examine pour la […]