Statelessness and Citizenship


Book Description

'In our supposedly borderless world, having a nationality, and thus access to documents which permit travel and proof of identity, has become increasingly important. In many parts of the world, including the cases in Europe, Africa and Asia covered in this collection, large groups of people struggle with forms of de facto or de jure statelessness. In addition to providing a conceptual framework derived from international human rights norms for understanding better the phenomenon of statelessness, this collection presents important empirical research material helping us to understand, from the ground up, how statelessness is experienced.' Jo Shaw, University of Edinburgh, UK 'What difference does citizenship make? The vulnerability of stateless persons clearly demonstrates the benefits of having a nationality. But so far nobody has examined how much the situation of stateless persons improves when they finally get documents and citizenship status. This exploratory study analyses practical difficulties and real progress in overcoming statelessness. It gives voice to the victims and sets a political agenda. Academic researchers, non-governmental organizations and policy-makers should read this book.' Rainer Bauböck, European University Institute, Florence, Italy 'Embracing a subject that is generally treated abstractly, as a matter of human rights law, the authors of this pathbreaking book root statelessness deep into historical context and lived experience. They emerge with conclusions that are both dismaying (the expansive scope of the problem) and hopeful (the measurable progress some states have made in expanding the boundaries of citizenship). Alas, this eloquent book could hardly be more timely.' Linda K. Kerber, University of Iowa, US The United Nations High Commissioner for Refugees estimates that there are more than 12 million stateless people in the world. The existence of stateless populations challenges some central tenets of international law and contemporary human rights discourses, yet only a very small number of states have made measurable progress in helping individuals acquire or regain citizenship. This fascinating study examines positive developments in eight countries and pinpoints the benefits of citizenship now enjoyed by formerly stateless persons. The expert contributors present an original comparative study that draws upon legal and political analysis as well as empirical research (incorporating over 120 interviews conducted in eight countries), and features the documentary photography of Greg Constantine. The benefits of citizenship over statelessness are identified at both community and individual level, and include the fundamental right to enjoy a nationality, to obtain identification documents, to be represented politically, to access the formal labor market and to move about freely. Gaining or reacquiring citizenship helps eliminate isolation and solicits the empowerment of individuals, collectively and personally. Such changes are of considerable importance to the advancement of a human rights regime based on dignity and respect. This highly original and thought-provoking book will strongly appeal to a wide-ranging audience including academics, researchers, students, human rights activists and government officials with an interest in a diverse range of fields encompassing law, international studies, public policy, human rights and citizenship.







Women, Land and Justice in Tanzania


Book Description

"Recent decades have seen a wave of land law reforms across Africa, in the context of a 'land rush' and land grabbing. But how has this been enacted on the ground and, in particular, how have women experienced this? This book seeks to re-orientate current debates on women's land rights towards a focus on the law in action. Centring on cases involving women litigants, the book considers the extent to which women are realising their interests in land through land courts and follows the progression of women's claims to land - from their social origins through processes of dispute resolution to judgment"--Unedited summary from book cover.




African Philosophy and the Quest for Autonomy


Book Description

As academic subject African philosophy is predominantly concerned with epistemology. It aims at re-presenting a lost body of authentic African thought. This apparently austere a-historical concern is framed by a grand narrative of liberation that cannot but politicise the quest for epistemological autonomy. By “politicise” I mean that the desire to re-cover an authentic African epistemology in order to establish African philosophy as autonomous subject, ironically re-iterates Western, enlightenment notions of the autonomous subject. Here, in the pursuit of an autonomous subject the terms of historical oppression are necessarily duplicated in the terms of liberation. In this study I use the term disfigurement to refer to the double-bind - peculiar to post-coloniality - in which the African subject finds itself when it has to establish and affirm a sense of apartheid (in order to confirm the assumption of difference) by inventing its own autonomy in a way that ironically conflicts with an African conception of the autonomous subject. The transcendental concern with epistemological authenticity and autonomy - indicative of an oppressive desire for Western style autonomy - necessary as it may be in a post-colonial context, is placed in an ethical framework that seeks to remain faithful to the African dictum of identity and autonomy “I am because we are”. Whereas the first three chapters are concerned with the transcendental question ‘what is African philosophy?’, the fourth and last chapter situates the ethical framework within which this question arises in the context of the recently “completed” South African Truth and Reconciliation Commission.




Counterterrorism Law and Practice in the East African Community


Book Description

This book examines the existing counter-terrorism laws and practices in the six-member East African Community (EAC) as it applies to a range of law enforcement and military activities under various international legal obligations. Dr. Christopher E. Bailey provides a comparative examination of existing national law for EAC countries, including compliance with obligations under international human rights and international humanitarian law, and offers a range of legal reform recommendations. This book addresses two primary, related research questions: To what extent do the current national counter-terrorism laws and practices of the EAC Partner States comply with existing international human rights safeguards? What laws or practices can the EAC adopt to achieve better compliance with human rights safeguards in both civilian and military counter-terrorism operations?




Women, Business and the Law 2021


Book Description

Women, Business and the Law 2021 is the seventh in a series of annual studies measuring the laws and regulations that affect women’s economic opportunity in 190 economies. The project presents eight indicators structured around women’s interactions with the law as they move through their lives and careers: Mobility, Workplace, Pay, Marriage, Parenthood, Entrepreneurship, Assets, and Pension. This year’s report updates all indicators as of October 1, 2020 and builds evidence of the links between legal gender equality and women’s economic inclusion. By examining the economic decisions women make throughout their working lives, as well as the pace of reform over the past 50 years, Women, Business and the Law 2021 makes an important contribution to research and policy discussions about the state of women’s economic empowerment. Prepared during a global pandemic that threatens progress toward gender equality, this edition also includes important findings on government responses to COVID-19 and pilot research related to childcare and women’s access to justice.







Citizenship Law in Africa


Book Description

Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship leave hundreds of thousands of people in Africa without a country to which they belong. Statelessness and discriminatory citizenship practices underlie and exacerbate tensions in many regions of the continent, according to this report by the Open Society Institute. Citizenship Law in Africa is a comparative study by the Open Society Justice Initiative and Africa Governance Monitoring and Advocacy Project. It describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state, and recommends ways that African countries can bring their citizenship laws in line with international legal norms. The report covers topics such as citizenship by descent, citizenship by naturalization, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It describes how stateless Africans are systematically exposed to human rights abuses: they can neither vote nor stand for public office; they cannot enroll their children in school, travel freely, or own property; they cannot work for the government.--Publisher description.




Transnational Activities of Women-Focused Civil Society Actors in Southern Africa


Book Description

This book focuses on southern Africa by engaging with ‘norms’ from various perspectives and how they have proliferated within a neo-liberalising context since the 1990s. It particularly examines gender norms in relation to agency, influence and their impact. Despite growing transnational activities, regional studies analyses have so far maintained a primarily linear logic not incorporative of the increasing interface between state and non-state regionalism in a transnational context since the advent of liberalisation and democratisation. Increasing non-state activities, and their connection to state processes involved in norm creation, adaptation, diffusion and implementation around broad questions of security (including gender security), amount to regional thickening. The book’s analytical approach is informed by alternatives to mainstream approaches, emphasising processes rather than linearity inherent in regional international relations studies. The research reveals that transnational activities and regionalisation of gender and women-focused civil society actors are critical for advocacy and diverse representation within intergovernmental policymaking structures at the regional scale.




Women, Business and the Law 2016


Book Description

In a changing world, how can we be sure that women as well as men entrepreneurs and workers obtain the benefit from these changes? Ensuring that women have the same legal opportunities as men is one part of the picture. By measuring where the law treats men and women differently, Women, Business and the Law shines a light on how women's incentives or capacity to work are affected by the legal environment and provides a basis for improving regulation. The fourth edition in a series, Women, Business and the Law 2016: Getting to Equal examines laws and regulations affecting women's prospects as entrepreneurs and employees in 173 economies, across seven areas: accessing institutions, using property, getting a job, providing incentives to work, building credit, going to court, and protecting women from violence. The report's quantitative indicators are intended to inform research and policy discussions on how to improve women's economic opportunities and outcomes.