registration legislation. The report also identifies innovative practices, trends and gaps in
programming for achieving birth registration for all. The report has been developed to inform
and support UNHCR's Southern Africa regional strategy on birth registration and statelessness
in terms of Action Point 7’s target that by 2024 no cases of statelessness will occur due to lack
of birth registration.
3. METHODOLOGY
This report is based on desk research of published information, an analysis of laws governing
birth registration systems of the 16 SADC member states, and conversations with focal persons
and protection officers from UNHCR's country offices and external global and regional experts
in civil registration, statelessness, and citizenship laws. Benchmarks were carefully selected to
guide the analysis of the countries' legal framework and governing practices. The selected
legal benchmarks are, in our view, also vital safeguards to reduce statelessness and can also
use to guide countries' legal reform initiatives. The benchmarks are listed in chapter 6 and
further described and considered individually, together with the country's evidence. The legal
safeguards largely follow the UN recommendations, 14 just as we have found guidance in the
Civil Registration, Vital Statistics, and Identity Management, Legal and Regulatory Review
Toolkit. 15 Our many years of experience working in the Civil Registration field have also
contributed to the analysis; two of the authors have, for example, been heavily involved in
reviewing the Namibian legislation and developing new legislation, which we believe provides
a good example, in many aspects, on how to provide safeguards against statelessness in civil
registration systems. The nexus between birth registration, citizenship and statelessness has
been one of the most significant challenges to resolve. We believe that more guidance needs
to be developed to address the situation on the ground.
Limitations
Since this study has been primarily based on published information, it has not been possible to
document actual practices in most countries considered. We know from experience that many
countries’ practices and procedures are not aligned with their legal frameworks, sometimes in
the child's interest and sometimes not. It is also common that procedures are not standardized
within a country. Practices on how children born to non-citizens are registered, and the type of
birth certificate they are issued, would be particularly relevant to study. In this regard, we had
information only from Namibia, South Africa and Zimbabwe.
4. LEGISLATION TO PREVENT STATELESSNESS
It is part of States sovereign power to legislate regarding acquisition, change and loss of
citizenship as part of their sovereign power. The same goes for civil registration legislation.
UN Guidelines for the Legislative Framework for Civil Registration, Vital Statistics and Identity Management
Systems (Second Draft), 2019 https://unstats.un.org/unsd/demographic-social/Standards-andMethods/files/Handbooks/crvs/CRVS_GOLF_Final_Draft-E.pdf
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15 Civil Registration, Vital Statistics and Identity Management (CRVSID), Legal and Regulatory Review Toolkit,
2022 https://advocacyincubator.org/wp-content/uploads/2022/03/CompleteToolkit.pdf
5