Discriminatory denationalisation: a Zimbabwean case study
In its original, post-independence Constitution, anyone born in
Zimbabwe to a citizen, permanent resident or ordinary resident was
a citizen by birth. In 1983, Zimbabwe amended the Constitution to
prohibit dual nationality and introduced an amendment to the
Citizenship Act requiring renunciation of foreign citizenship in order
to retain Zimbabwean citizenship. In 2001 the government
required anyone with even a theoretical claim to foreign citizenship
to renounce that citizenship, this time in accordance with foreign
law, and to reapply for Zimbabwean citizenship within a 6 month
period. Critics report that this was a political measure designed to
disenfranchise voters with questionable allegiances.135 It is
estimated that several hundred thousand African migrants and their
children born in Zimbabwe are currently stateless; they were
stripped of their citizenship by this amendment, which was
advertised only in Harare and only to the white European
population. If they did not access their parent’s citizenship by
descent, due either to their parent’s death or lack of
documentation or due to a conflict of laws, such persons were
rendered stateless. A 2003 amendment provided that children born
in Zimbabwe prior to 1980 to migrants from a South African
Development Community (SADC) country could apply for a
citizenship certificate. Many Zimbabweans in South Africa may not
qualify for this provision since it requires that the applicant
remained in Zimbabwe from birth (with limited exceptions).
A 2009 Constitutional amendment seemed to provide citizenship
to persons with one Zimbabwean citizen parent and one foreign
parent. However, the Zimbabwean Consulate in South Africa
denied such individuals consular protection between 2011 and
2012 and told them they are not citizens. In Zimbabwe, they were
consistently unable to access citizenship without legal action. Even
when after the High Court ordered the Registrar-General to
recognise an applicant’s citizenship, from 2002 until 2013 the
Registrar-General has consistently continued to deny individuals
citizenship through (intentional) misinterpretation of the law.
In March 2013, Zimbabwe approved a new constitution. This
constitution effectively allows dual citizenship for people born in
Zimbabwe to SADC nationals, who are now considered citizens by
birth. In the run-up to the presidential elections in June 2013,
numbers of people who had lost their citizenship under the 2001
amended citizenship act were able to exchange their ‘Alien’ IDs for
'Citizen' IDs (conveniently, allowing them to vote) upon presenting
a birth certificate showing birth in Zimbabwe. Only time will tell
how widely and how effectively this new constitutional provision is
135 B Manby, ‘Struggles for Citizenship in Africa’ (2009).
102
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide
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