The Role of Colonialism in Creating and Perpetuating Statelessness in Southern Africa
most had never accessed, or had any desire to access, another citizenship that they
hypothetically had rights to. The government was suspicious of farmworkers with
foreign origins, based chiefly on their association with white farm owners.1 Many
of these people were unaware that they had entitlement to other citizenships or were
required to renounce them and failed to submit a declaration to the authorities as
required.
The 1979 Constitution also discriminated by gender, limiting the transfer of
citizenship by birth to children born to Zimbabwean fathers or mothers if out of
wedlock. Only foreign wives of Zimbabwean husbands were able to access citizenship.
Women could not pass on citizenship to their children by non-Zimbabwean fathers
or to their non-Zimbabwean husbands. Like the dual nationality debate, where the
target was supposed to be ‘elite’ women with foreign husbands, poor rural women
living in border regions were the most affected populations.
The rise of the Movement for Democratic Change (MDC) as political
opposition to ZANU-PF in 1999 led to more restrictions on both citizenship and
voting rights. The subsequent decades were marked by state-sponsored violence and
repression against political opponents to hold on to power.2 Hundreds of thousands
of farmworkers of foreign descent were considered anti-government political
opponents. Denationalisation formed part of a broader effort to disenfranchise
people who might support opposition parties and prevent them from political
participation. In January 2000, an estimated 30% of the two million farmworkers and
their families who lived on commercial farms were of foreign descent.3
The government increased requirements on people with potential claims to
foreign nationality, ratcheting up rules requiring people to submit a declaration
renouncing potential citizenship. People then had to produce foreign documentation
to establish that they were not entitled to citizenship, and the government imposed
strict deadlines for submitting these documents. The majority of the people affected
by these laws were people born or whose parents were born in neighbouring
countries.4
The government wilfully established impossible requirements, even in the
best of cases. In 2001, the Mozambican High Commission in Zimbabwe announced
it was overwhelmed with applications and was unwilling to supply documentation
proving people were not eligible for citizenship. The Malawian High Commission
could not provide documents to people who were unable to provide sufficient detail
— meaning they did not have enough documentation to renounce the citizenship
to which they supposedly had a claim. Many people lost citizenship based on their
inability to satisfy extremely difficult — and in some cases non-existent — criteria. It
proved impossible for many to renounce what they had never possessed.
Katinka Ridderbos ‘Stateless former farmworkers in Zimbabwe’ in Forced Migration Review (2009) FMR 32.
Dewa Mavhinga ‘Reversing Zimbabwe’s Dismal Rights Record Since 1980’ Human Rights Watch 20 April 2020, available
at www.hrw.org/news/2020/04/20/reversing-zimbabwes-dismal-rights-record-1980
3
Manby op cit note 32.
4
Ibid.
1
2
83
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