CITIZENSHIP AND STATELESSNESS IN THE MEMBER STATES OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 2020 International and African law The right to a nationality in international law Some protections against statelessness are amongst the longest standing provisions established by multilateral agreement in international law. The Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws, adopted in 1930 under the auspices of the League of Nations, was intended to ensure that each person had a nationality (at that time, just one nationality), and was the first to codify the protections against statelessness for children of unknown parents or whose parents were of unknown nationality or stateless.453 The Hague Convention, which remains in force, was ratified by the United Kingdom on behalf of Great Britain and Northern Ireland and “and all parts of the British Empire which are not separate members of the League of Nations”. Belgium acceded in 1939 “Subject to accession later for the Colony of the Congo and the Mandated Territories”. France only signed, as did South Africa, which has not moved from signature to accession. Under international law, a newly independent state is not automatically bound by treaties in force for that territory upon succession of states, but may by “notification of succession, establish its status as a party to any multilateral treaty”.454 In Southern Africa, Eswatini (1970), Lesotho (1975), Mauritius (1969), and Zimbabwe (1998) have all notified the UN of their succession to the obligations of The Hague Convention.455 There are, however, strong arguments that “clean slate” rule should not apply to human rights treaties.456 The provisions of The Hague Convention that relate to the prevention of statelessness fall within the scope of what is now recognised as the right to a nationality, and they are therefore arguably applicable to all former British territories. These principles have been strengthened with the institution of the international human rights regime following the second world war. Article 15 of the 1948 Universal Declaration of Human Rights provides that “(1) Everyone has the right to a nationality”, and that “(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.” This right has been elaborated upon in subsequent treaties, including the International Covenant on Civil and Political Rights (ICCPR), Article 24, 457 and the Convention on the Rights of the Child (CRC), which provides in Articles 7 and 8 for every child to have the right to birth registration and to acquire a nationality, and for states to ensure the implementation of these rights, in 453 Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws, 1930. Article 14: “A child whose parents are both unknown shall have the nationality of the country of birth. If the child's parentage is established, its nationality shall be determined by the rules applicable in cases where the parentage is known. A foundling is, until the contrary is proved, presumed to have been born on the territory of the State in which it was found.” Article 15: : “Where the nationality of a State is not acquired automatically by reason of birth on its territory, a child born on the territory of that State of parents having no nationality, or of unknown nationality, may obtain the nationality of the said State. The law of that State shall determine the conditions governing the acquisition of its nationality in such cases.” 454 Vienna Convention on Succession of States in respect of Treaties, 1978, arts. 16 & 17. 455 Status of The Hague Convention, at UN Treaty Collection https://treaties.un.org/Pages/LONViewDetails.aspx?src=LON&id=517&chapter=30&clang=_en#7. 456 Menno T. Kamminga, “State Succession in Respect of Human Rights Treaties”, European Journal of International Law 7, no. 4 (1996): 469–48. 457 ICCPR Art. 24: 1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State. 2. Every child shall be registered immediately after birth and shall have a name.3. Every child has the right to acquire a nationality UNHCR / December, 2020 103