CITIZENSHIP AND STATELESSNESS IN THE MEMBER STATES OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 2020 There is an urgent need to create rapid and low-cost access to independent review and appeal of decisions on the issue of identity documents confirming nationality. This should include administrative review by the relevant identity authority, an easily accessible appeal to an independent authority, and access to courts by the usual processes. Ideally, states should consider establishing independent identity commissions, similar to the independent electoral commissions in place in most countries. Paralegal support for applicants whose applications for nationality documents have been rejected plays a key role in ensuring that systems are fair and that applicants with entitlement to identity documents can prove their case. There is also a need for more transparency in nationality administration, including publication of statistics in relation to issue of documents, naturalisation, and deprivation of nationality, with reasons for rejection of any application or the decision to deprive. Lack of access to naturalisation All SADC states provide for the possibility of acquiring nationality based on long-term residence and fulfilment of other conditions. The provisions in law, however, are severely limited in application. Naturalisation is practically inaccessible to long-term residents of SADC states – as it is in all African countries. South Africa used to provide access to naturalisation for several thousand people a year, based on a process decided at the administrative level, but has more recently decided that naturalisation should be “exceptional”, and granted by the minister. Like other countries in the region, it seems that no more than a few tens or hundreds of people are now being naturalised each year. Lack of access to naturalisation does not create statelessness if the person concerned has another nationality and this nationality is documented. But it does create exclusion, if naturalisation is impossible to access for those who have lost any connection to their country of origin; and it greatly increases the risk of statelessness for later generations. Those most impacted are often long-term refugees. Namibia, Zambia and especially Tanzania have taken positive steps to provide access to naturalisation for such populations, but in other cases long-term refugees, and especially former refugees, and their children are amongst those at highest risk of statelessness. Civil registration and identification Universal birth registration is the most important practical measure to prevent statelessness. Birth registration establishes in legal terms the place of birth and parental affiliation, which in turn serves as documentary proof underpinning acquisition of the parents’ nationality, or the nationality of the state where the child is born. Even there is universal registration, however, some children may still be left stateless if there is discrimination or gaps in the nationality law. Birth registration is also fundamental to the recognition of many other rights: lack of birth certificates can prevent citizens from registering to vote, putting their children in school or entering them for public exams, accessing health care, or obtaining identity cards, passports, and other important documents. Several SADC states have very low rates of birth registration. For those states covered by this report, the average rate is 58 percent birth registration for children under five; but the average conceals huge variation, 5 UNHCR / December, 2020