CITIZENSHIP AND STATELESSNESS IN THE MEMBER STATES OF THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 2020 Key recommendations In order to strengthen nationality systems and address the risk of statelessness caused by historical and contemporary migration, the priorities for action by SADC and its Member States, as well as other subregional bodies, collectively and on their own account, should be:  The removal of provisions in the law and requirements in administrative procedures that discriminate on the grounds of sex or birth in or out of wedlock.  The review of provisions in the law that create preferential access to citizenship on the grounds of race, religion or ethnicity or belonging to an indigenous group, to ensure that they are in compliance with international and African standards of non-discrimination and do not create risks of statelessness.  The creation of independent oversight mechanisms that can provide rapid and low-cost review of decisions on the issue of identity documents confirming nationality, as well as access to courts by the normal procedures, including legal and paralegal support for those whose applications have been refused.   Accession to the international and African conventions that provide for the right to a nationality, the prevention and reduction of statelessness and the protection of stateless persons. The incorporation of the measures for the prevention and reduction of statelessness required by these treaties into their national laws, especially attribution of the nationality of the country of birth to a child who is otherwise stateless, as provided by the African Charter on the Rights and Welfare of the Child.  The establishment of procedures within countries and in collaboration between countries to identify populations at risk of statelessness; to determine the nationality of individuals where their status is in doubt; to provide, as an interim measure, a status of “stateless person” where an existing nationality cannot be determined; and to facilitate naturalisation for those who are stateless.  The reform of nationality laws to create in all states at least some basic rights to nationality that derive from birth and residence as a child in that country, enabling that the children of migrants to be integrated into the national community.  The reform of naturalisation procedures to make them accessible to a larger number of people, and in particular to the nationals of other SADC Member States, including refugees and former refugees.   The achievement of universal birth registration for all children born in the territory of a state, and facilitation of consular access to preserve the right to the nationality of the country of origin of the parents. Support for the adoption of the draft Protocol to the African Charter on the Right to a Nationality and the Eradication of Statelessness in Africa. Currently, the approach of those involved in identity management systems and their reform is usually to focus on ensuring their effective administration and preventing the fraudulent acquisition of documents by those who are not entitled to them. Successful measures to end statelessness will require an equal focus on ensuring that every person has a nationality, ideally in the place to which they have the strongest connections, and effective access to proof of that nationality. In addition to efforts at national level, measures to address statelessness would be greatly strengthened through coordination among SADC Member States, and with the region’s international partners, including the agencies of the United Nations, especially UNHCR. 8 UNHCR / December, 2020