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RMRP: Statelessness Project - focussing on accessing citizenship and nationality

In March 2011, LHR launched a new project focusing on statelessness as part of the Refugee and Migrant Rights Programme.Due to a conflict of citizenship laws between various African nations, and intentionally discriminatory laws and practice, many Africans find themselves de jure stateless – they do not qualify for citizenship under any nation’s legal system.

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Cases and Judgements

There are currently no cases or judgements linked to this programme.

Publications

LHR has drafted a briefing paper outlining the need for South Africa to sign and domesticate both the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. This briefing was presented to the Department of International Relations and Cooperation on the 11th August 2011.

The Public Protector has compiled a report based on her investigation on allegations of failure to register the birth of a child and the naturalisation of the mother by the Northern Cape Department of Home Affairs.

Birth registration refers to the permanent and official recording of a child's existence by an administrative branch of the state. Birth registration is a human right. It represents the starting point for the recognition of a person’s legal existence and is thus the key to the realisation of nearly all other fundamental rights and practical needs. Amongst these are the right to a nationality, education, healthcare and protection from child labour and trafficking. Human rights are universal. They are afforded to all human beings without discrimination. Birth registration ought to occur, without discrimination, as a result of birth on a state’s teraritory. Children born to asylum-seekers, refugees and undocumented foreigners hold this right equally to children of citizens. South Africa has made a clear commitment to these principles through ratification of the relevant human rights treaties, as well as through constitutional and other legal standards (outlined below). To be sure that we honour this commitment, it is important that all children born on the territory are issued with a birth certificate without discrimination as to their or their parents’ legal status in this country.