The Role of Colonialism in Creating and Perpetuating Statelessness in Southern Africa
most of the colonial period, people could move relatively freely throughout the
British colonies of Southern Rhodesia (Zimbabwe), Northern Rhodesia (Zambia),
and Nyasaland (Malawi). Labour migrants from non-British or non-colonised
countries, including Mozambique, Eswatini, and Lesotho, were also recruited. At
its peak in 1956, 300,000 migrant labourers were working away from their homes
within the ‘Central African Federation’ (Southern Rhodesia, Northern Rhodesia, and
Nyasaland). Under independent white minority rule, South Africa and Zimbabwe
continued similar recruitment practices. Colonists also brought Asian indentured
servants to provide labour. Countries with the most extensive histories of labour
migration and land dispossession where large numbers of ‘foreigners’ have remained
after independence have encountered the most nationality disputes since the end of
colonialism.
Manby further explains that European colonisers established multi-tiered
citizenship structures that provided full citizenship rights only to settlers. Like all
other aspects of society, the citizenship system was founded on racial and ethnic
exclusion, exploitation, and discrimination. Some indigenous people were granted
full citizenship rights in Portuguese and French colonies under exceptional
circumstances. Settlers were simultaneously offered full citizenship benefits in their
European ‘home’ countries. Native Africans were forced into legal subordination
with minimal rights that were superseded by those of white settlers.
In the post-colonial period, strong resentment lingered toward colonial powers
for their legacies of extreme inequality and dispossession.7 Most Southern African
countries adopted nationality laws based on the models of their former colonial
rulers. Some, however, made efforts to reverse the system of discrimination and even
sought laws to disenfranchise their colonial oppressors.
Some countries, such as Mozambique, established citizenship rules offering
preference to people who had participated in the liberation and punishing those who
fought against it. In some other parts of the region, nationality laws discriminate
according to ethnicity, favouring people belonging to groups whose ancestral origins
are within the territories. Malawi restricts citizenship to children born to at least
one parent who is not only a Malawian citizen but also of the ‘African race’; Eswatini
has similarly included nationality provisions that make it difficult for non-ethnic
Swazis to obtain citizenship. Many of these measures have ended up dispossessing
native Africans who were also unjustly marginalised by colonialism, even more than
they have affected settlers. Now, many native Africans are denied citizenship in their
current territory because their ancestors once lived in a different territory.
Democratisation has dismantled minority white rule, and new constitutions
have enshrined the rights of native people across the region. However, in the wake
of colonialism, the practice of political exclusion has remained.8 Classifying people
Bronwen Manby ‘Struggles for citizenship in Africa’ Open Society Justice Initiative (2009), available at www.justiceinitiative.org/publications/struggles-citizenship-africa
8
Brian Klaas ‘Political exclusion in Africa’ in Oxford Research Encyclopedia of Politics (2019), available at https://doi.
org/10.1093/acrefore/9780190228637.013.1326
7
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