Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship leave hundreds of thousands of people in Africa without a country to which they belong. Statelessness and discriminatory citizenship practices underlie and exacerbate tensions in many regions of the continent, according to this report by the Open Society Institute. Citizenship Law in Africa is a comparative study by the Open Society Justice Initiative and Africa Governance Monitoring and Advocacy Project. It describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state, and recommends ways that African countries can bring their citizenship laws in line with international legal norms. The report covers topics such as citizenship by descent, citizenship by naturalization, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It describes how stateless Africans are systematically exposed to human rights abuses: they can neither vote nor stand for public office; they cannot enroll their children in school, travel freely, or own property; they cannot work for the government.--Publisher description.
"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 in different African states from a trans-continental comparative perspective. Taking a four-part approach, Parts I and II set the book within the framework of existing scholarship on citizenship, from both sociological and legal perspectives, and examine the history of nationality laws in Africa from the colonial period to the present day. Part III considers case studies which illustrate the application and misapplication of the law in practice, and the relationship of legal and political developments in each country. Finally, Part IV explores the impact of the law on politics, and its relevance for questions of identity and 'belonging' today, concluding with a set of issues for further research. Ambitious in scope and compelling in analysis, this is an important new work on citizenship in Africa."--Bloomsbury Publishing.
'In our supposedly borderless world, having a nationality, and thus access to documents which permit travel and proof of identity, has become increasingly important. In many parts of the world, including the cases in Europe, Africa and Asia covered in this collection, large groups of people struggle with forms of de facto or de jure statelessness. In addition to providing a conceptual framework derived from international human rights norms for understanding better the phenomenon of statelessness, this collection presents important empirical research material helping us to understand, from the ground up, how statelessness is experienced.' Jo Shaw, University of Edinburgh, UK 'What difference does citizenship make? The vulnerability of stateless persons clearly demonstrates the benefits of having a nationality. But so far nobody has examined how much the situation of stateless persons improves when they finally get documents and citizenship status. This exploratory study analyses practical difficulties and real progress in overcoming statelessness. It gives voice to the victims and sets a political agenda. Academic researchers, non-governmental organizations and policy-makers should read this book.' Rainer Bauböck, European University Institute, Florence, Italy 'Embracing a subject that is generally treated abstractly, as a matter of human rights law, the authors of this pathbreaking book root statelessness deep into historical context and lived experience. They emerge with conclusions that are both dismaying (the expansive scope of the problem) and hopeful (the measurable progress some states have made in expanding the boundaries of citizenship). Alas, this eloquent book could hardly be more timely.' Linda K. Kerber, University of Iowa, US The United Nations High Commissioner for Refugees estimates that there are more than 12 million stateless people in the world. The existence of stateless populations challenges some central tenets of international law and contemporary human rights discourses, yet only a very small number of states have made measurable progress in helping individuals acquire or regain citizenship. This fascinating study examines positive developments in eight countries and pinpoints the benefits of citizenship now enjoyed by formerly stateless persons. The expert contributors present an original comparative study that draws upon legal and political analysis as well as empirical research (incorporating over 120 interviews conducted in eight countries), and features the documentary photography of Greg Constantine. The benefits of citizenship over statelessness are identified at both community and individual level, and include the fundamental right to enjoy a nationality, to obtain identification documents, to be represented politically, to access the formal labor market and to move about freely. Gaining or reacquiring citizenship helps eliminate isolation and solicits the empowerment of individuals, collectively and personally. Such changes are of considerable importance to the advancement of a human rights regime based on dignity and respect. This highly original and thought-provoking book will strongly appeal to a wide-ranging audience including academics, researchers, students, human rights activists and government officials with an interest in a diverse range of fields encompassing law, international studies, public policy, human rights and citizenship.
Jonathan Klaaren blends legal and social history in this engaging account of early conceptions of South African citizenship. He argues that distinctively South African notions of citizenship and nationality come out of the period 1897 to 1937, through legislation and official practices employing the key concept of 'prohibited immigrant' and seeking to regulate the mobility of three population groups: African, Asian and European. Further, he makes the case that the regulation and administration of immigrants from the Indian sub-continent, in particular, provided the basis for the vision and eventual reality of a unified, although structurally unequal, South African population. This book fits into the growing field of Mobility Studies, which seeks to understand and document the migration of people both within and across national borders, while exploring the origins of those borders. In addition to nationality and citizenship, it touches on African pass laws, the origins of the Public Protector, the scheme importing Chinese labour to the gold mines, the development of internal bureaucratic legality, and India-South Africa intra-imperial relations. With its attention to the role of law in state-building and its understanding of the central place of implementation and administrative law in migration policy, this book offers a distinctive focus on the relationship between migration and citizenship.
Hundreds of thousands of people living in Africa find themselves non-persons in the only state they have ever known. Because they are not recognised as citizens, they cannot get their children registered at birth or entered in school or university; they cannot access state health services; they cannot obtain travel documents, or employment without a work permit; and if they leave the country they may not be able to return. Most of all, they cannot vote, stand for office, or work for state institutions. Ultimately such policies can lead to economic and political disaster, or even war. The conflicts in both Ct̥e d'Ivoire and the Democratic Republic of Congo have had at their hearts the very right of one part of the national population to share with others on equal terms the rights and duties of citizenship. This book brings together new material from across Africa of the most egregious examples of citizenship discrimination, and makes the case for urgent reform of the law.
“Engaging…detailed with current information about the situation in many African countries.” —African Studies Quarterly Reflecting on the processes of nation-building and citizenship formation in Africa, Edmond J. Keller believes that although some deep parochial identities have eroded, they have not disappeared—and may be more assertive than previously thought, especially in instances of political conflict. Keller reconsiders how national identity has been understood in Africa and presents new approaches to identity politics, intergroup relations, state-society relations, and notions of national citizenship and citizenship rights. Focusing on Nigeria, Ethiopia, Cote d'Ivoire, Kenya, and Rwanda, he lays the foundation for a new understanding of political transition in contemporary Africa. “This book would certainly be useful in graduate seminars on African politics, African history or ethnic politics. It is written in a clear, straightforward style that also makes it appropriate for use in advanced undergraduate classes. Keller also offers insights for policymakers and development practitioners who continue to grapple with the real-world consequences of citizenship conflicts.”—Journal of Modern African Studies
Collection of essays tracing the historical evolution of African American experiences, from the dawn of Reconstruction onward, through the perspectives of sociology, political science, law, economics, education and psychology. As a whole, the book is a systematic study of the gap between promise and performance of African Americans since 1865. Over the course of thirty-four chapters, contributors present a portrait of the particular hurdles faced by African Americans and the distinctive contributions African Americans have made to the development of U.S. institutions and culture. --From publisher description.
This comprehensive Handbook gives an overview of the political, social, economic and legal dimensions of citizenship in the Middle East and North Africa from the nineteenth century to the present. The terms citizen and citizenship are mostly used by researchers in an off-hand, self-evident manner. A citizen is assumed to have standard rights and duties that everyone enjoys. However, citizenship is a complex legal, social, economic, cultural, ethical and religious concept and practice. Since the rise of the modern bureaucratic state, in each country of the Middle East and North Africa, citizenship has developed differently. In addition, rights are highly differentiated within one country, ranging from privileged, underprivileged and discriminated citizens to non-citizens. Through its dual nature as instrument of state control, as well as a source of citizen rights and entitlements, citizenship provides crucial insights into state-citizen relations and the services the state provides, as well as the way citizens respond to these actions. This volume focuses on five themes that cover the crucial dimensions of citizenship in the region: Historical trajectory of citizenship since the nineteenth century until independence Creation of citizenship from above by the state Different discourses of rights and forms of contestation developed by social movements and society Mechanisms of inclusion and exclusion Politics of citizenship, nationality and migration Covering the main dimensions of citizenship, this multidisciplinary book is a key resource for students and scholars interested in citizenship, politics, economics, history, migration and refugees in the Middle East and North Africa.
