Statelessness & Citizenship Review
2019
1(1)
which conflict has festered in the post-colonial state, as ‘the lack of clarity and
inaccessible procedures in the allocation of nationality at independence to the
“non-indigenous” residents of each territory left a dangerous level of confusion
and exclusion’. 4
The following two chapters (5 and 6) present a number of trends and patterns
in nationality law and its application in the context of these newly fabricated
nation-states. It describes in detail the developments in the substantive content of
these laws and how this has often differed from their administration, and considers
the relationship between formal and informal determinations around belonging. It
provides an overview of the balance of the application of jus soli and jus sanguinis
provisions across the continent, gender equality in the law (outlining the many
successes in ironing out gender discrimination), dual nationality, the general
failures surrounding provisions for naturalisation in practice and the mechanisms
that might lead to loss and deprivation of citizenship. 5
It then links this overview of the law to the practice of these laws by discussing
processes of identification and registration. 6 This speaks to the significant
challenges that exist where it is no longer enough to be entitled to nationality but
where one also has to have proof of that nationality. As Manby argues:
The regulations and décrets that provide detailed rules for application of the laws,
as well as the internal directives of government departments and the level of
training of the officials who implement them, may in practice be at least as
important as the constitution or legislation in shaping the understanding of the
government officials responsible for issue of identity and other documentation, and
thus access to proof of nationality in practice. 7
This, therefore, earths the discussion in the messy context in which laws are
applied, driven by both national and local political interest.
Manby discusses in detail the impact of changes in national identity card
systems that are increasingly being introduced, but which are revealing problems
with previous systems of identification and introducing new challenges 8 —
including contentions over identity and belonging that had previously been
masked by the informality of arrangements. Often left to the discretion of lowranking civil servants who have limited understanding of nationality law, Manby
describes how the process of access to documentation — and, therefore, access to
proof of nationality and the rights attached to that nationality — is vulnerable to
discrimination, including on the grounds of ethnicity. 9 As more people access
documentation, access to services is becoming more dependent on ID and services
that had been previously accessed are now being denied to those who have not
managed to access an ID card. 10 Conflict, displacement and corruption create
additional challenges in the administration of access to identity, which is not only
determined by law but by practice. This has created increased vulnerability to
statelessness for those who are seen to have no legitimate claim to belong.
In both chapters, the description of laws is interspersed with specific cases,
which grounds the discussion and personalises the impact of these laws. This
4
5
6
7
8
9
10
ibid 70.
ibid 73–122.
ibid 126–38.
ibid 126.
ibid 135.
ibid 139.
ibid 137.
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