Case Note
approach is then expanded in Part IV of the book, which presents a number of indepth case studies. The first set of studies shows some of the damaging ways in
which nationality laws can be manipulated for political purposes. 11 It focuses on
a number of key challenges, including those faced by migrants (both those who
moved to areas during independence and those who have moved postindependence whether by choice or coercion), cross-border communities and the
challenges facing internal migrants. 12 While many of these cases have been
covered elsewhere, Manby’s analysis contributes a detailed understanding of how
the application and abuse of the law has played a role in creating conflict or crisis
in the lives of individuals and groups. Through recounting how law and politics
intersect, she puts forward the argument that ‘[e]ven in quite dysfunctional States,
law matters’. 13
For instance, Manby traces recent conflict in Côte d’Ivoire back to migration
in the 1930s imposed by the French, which left tens of thousands with unclear
status at the point of independence. 14 She outlines in meticulous detail the multiple
and interconnected layers of legal and political jostling that subsequently failed to
resolve the status of these migrants and their descendants. As she argues, the
ability for citizenship to be manipulated by political leaders was rooted in the
uncertainty about who was Ivorian at independence and the subsequent failure of
the nationality code to grant any rights based on birth in Côte d’Ivoire for second
or even third generations. 15
Likewise, she outlines the well documented case of Banyarwanda speakers in
eastern Democratic Republic of Congo (‘DRC’), tracing current tensions and
conflict back to processes that were set in motion as early as the 18th century. 16
This case study points to the particularly toxic manipulation of ethnicity through
the instrumentalisation of legal mechanisms for political gain. The foundation of
citizenship law in ethnicity in the case of DRC, therefore, was both shaped by
politics and has subsequently shaped politics in DRC by creating ethnic identity
as a legal category. 17
The second set of case studies looks at a number of recent cases of state
succession that took place long after the colonial powers had left, and a number of
situations where there are tensions in border areas. 18 The secession of Eritrea from
Ethiopia and South Sudan from Sudan are described through the lens of nationality
law and the politics of belonging, 19 showing, in both cases, how failures to resolve
core issues around belonging have a long-reaching impact on people’s lives.
Manby also outlines the impact of border disputes on the lives of individuals
whose circumstances leave them outside of the criteria set for citizenship.
Finally, Manby describes a number of case studies that exemplify the
challenges around access to citizenship for refugees. In particular, she emphasises
how failures around naturalisation in practice have led to protracted situations of
11
12
13
14
15
16
17
18
19
ibid 147–258.
ibid.
ibid 149.
ibid 199–200.
ibid 221.
ibid 222–42.
ibid 242.
ibid 259–87.
ibid 261–78.
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