CITIZENSHIP AND STATELESSNESS IN THE MEMBER STATES OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 2020 Contents Disclaimer i Map of the 16 SADC Member States i Methodology and acknowledgments vi A note on terminology Summary 1 Extent of statelessness 1 Causes of statelessness 1 Groups at risk of statelessness 2 The impact of statelessness 2 International and African standards 3 Protection against statelessness in the legal frameworks of SADC states 3 Due process and transparency 4 Lack of access to naturalisation 5 Civil registration and identification 5 Regional cooperation and efforts to reduce statelessness 6 Overview of the report 7 Key recommendations 8 The history of nationality law in southern Africa 10 Migration and nationality since the colonial era 10 Transition to independence and initial frameworks of law 12 Post-independence trends 15 Comparative analysis of nationality legislation 17 Constitutional and legislative protection for the right to a nationality 18 Nationality based on birth in the country 18 Jus soli, double jus soli, and birth + residence 18 Foundlings: children of unknown parents 21 Children of stateless parents or who would otherwise be stateless 23 Nationality transmitted by parents ii viii 26 UNHCR / December, 2020