Analysing the International Legal Framework on Nationality: An African and Asian Perspective

Angelo Dube — 2024-06-10

This article examines the prevention of and protection against statelessness through analysis of case law and laws that have dealt with this matter both internationally and at a regional level, with specific reference to two continents (Africa and Asia). The analysis also includes the remedies that are available to individuals who are stateless as well as the enforcement thereof. Cognisance is given to statelessness being the state of not belonging to any country, or not being recognised as a national of any country. The article also analyses how colonialism contributed to people being stateless and how laws have changed beyond the colonial era. Emphasis is placed on the need for consensus between states on what measures should be considered when determining citizenship. The desktop, library research approach will be used in this research. Primary and secondary sources will be consulted. Case law, conventions, and statutes will be the main sources of law. The research will evaluate the differences between the selected jurisdictions’ nationality laws. The way that nationality rules have been applied in those jurisdictions will also be determined by consulting case law. Additionally, journal articles, opinion pieces, and other internet-based resources will be used as secondary sources for the research. These sources offer valuable insights into the concerns expressed by interested parties about nationality and the elements that each jurisdiction has considered and needs to incorporate into their legal framework.

Realising the Right to Primary Education for Refugee and Asylum-Seeking Children in Cameroon: Appraising the Legal Framework, Compliance and Challenges

Doreen N. Agbor — 2024-06-10

In international and regional human rights law, the right to education is arguably one of the most important rights since it is a social, economic, and cultural right and has a direct bearing on the enjoyment of civil, political, social, economic and cultural rights. For vulnerable groups, emphasis has always been placed on the need to respect, protect, fulfil, and promote the right to education, given the crucial role it plays in promoting peace, stability, and socio-economic and personal development. Two critical issues arise when looking at the children of refugees and asylum seekers: firstly, their vulnerability as involuntary migrants who have fled their home countries and settled in another country. Secondly, as children, they remain vulnerable to different forms of exploitation. Against this background, and in view of the huge number of refugees and asylum seekers in Cameroon, this study examines some of the measures taken by Cameroon to give effect to her international obligations as a State Party to numerous human rights instruments (both international and regional) recognising the right to compulsory and free primary education for children. To do this, the study commences with an assessment of the international human rights framework and identifies the various obligations created by those instruments that serve as benchmarks for evaluating whether Cameroon has fulfilled her international and regional obligations. The study analyses the challenges encountered in this regard and offers some insights on what could be done to surmount those challenges.

Comparative and International Law Journal of Southern Africa

Analysing the International Legal Framework on Nationality: An African and Asian Perspective

Realising the Right to Primary Education for Refugee and Asylum-Seeking Children in Cameroon: Appraising the Legal Framework, Compliance and Challenges