Can the transformation of the Organization of African Unity into the African Union and the adoption of the New Partnership for Africa's Development (NEPAD) really make a difference for human rights on the African continent? This article sets out the commitments of the new African continental instruments in relation to democracy and the rule of law and concludes that they are useful and important—but also that NEPAD in particular has significant deficiencies. The second half of the article sets out five themes that should receive greater attention if true effort is to be made to address Africa's problems.
Hundreds of thousands of people living in Africa find themselves non-persons in the only state they have ever known. Because they are not recognised as citizens, they cannot get their children registered at birth or entered in school or university; they cannot access state health services; they cannot obtain travel documents, or employment without a work permit; and if they leave the country they may not be able to return. Most of all, they cannot vote, stand for office, or work for state institutions. Ultimately such policies can lead to economic and political disaster, or even war. The conflicts in both C�te d’Ivoire and the Democratic Republic of Congo have had at their hearts the very right of one part of the national population to share with others on equal terms the rights and duties of citizenship. This book brings together new material from across Africa of the most egregious examples of citizenship discrimination, and makes the case for urgent reform of the law.
This article considers the impact of Target 16.9 of the Sustainable Development Goals ('SDGs'), 'to provide legal identity for all, including birth registration' on the objective of eradicating statelessness. This SDG Target has given a significant boost to initiatives for the strengthening of civil registration and identification systems, supported by the United Nations and World Bank. Yet its impact on the resolution of statelessness is not clear, because of the immense complexity of the definition of 'legal identity'. Proposed definitions, adopted after the target was established, fail to take on board the challenges involved in cross-border recognition of civil status documents and the determination of nationality of a child for parents who hold no documents. The article concludes that SDG Target 16.9 is both an opportunity and a threat. If the objective of providing universal 'legal identity' is to have a positive impact for stateless persons there is a need for new engagement with the regulation of civil status in private international law, and new insistence in public international law on legal frameworks that facilitate recognition and registration of the different elements of a person's identity, including nationality, even and especially where they are officially in doubt. Short cuts in this process risk long delays.
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