Cassadee Orinthia YAN
International Comparative Jurisprudence. 2024, 10(1):94-111.
noting that South Africa lacks a national action plan or strategy on statelessness, which hinders the effective
implementation of existing legislation (p. 3). This criticism reflects the South African viewpoint on the necessity
of a deliberate and coordinated strategy to address statelessness effectively. In the context of climate change,
Ndimurwimo and Jahnig (2022) emphasize the need for a regional approach to addressing statelessness. They
contend that collaboration amongst nations in this area is required to create and put into effect comprehensive
policies that address climate change-related displacement and the potential rise of statelessness (p. 120). This
perspective underscores the significance of regional cooperation and collective efforts in tackling statelessness due
to climate change.
While some African nations have enacted laws to prevent statelessness, the implementation of these laws remains
inconsistent. Having well-developed legal and policy frameworks is essential; the application of these laws,
however, determines their effectiveness. In many cases, nationality rules are applied arbitrarily despite provisions
in legislation designed to prevent such practices. Access to the necessary documents to prove or obtain nationality
is often intentionally withheld or hindered throughout the region. Consequently, the authorities frequently disregard
legitimate claims, perpetuating an endless cycle of denial. Like other regions, Southern Africa faces numerous legal
gaps that contribute to the prevalence of statelessness. However, it is equally vital to address issues related to civil
registration. The challenges often lie not in a formal denial of nationality, but in the practical difficulties of obtaining
documentation.
As Mbiyozo (2019) writes,
statelessness across Southern Africa is primarily linked to colonial histories, border changes, migration,
gender, ethnic and religious discrimination, and poor civil registry systems. Colonial occupiers across
Africa established arbitrary borders that frequently divided communities. Their need for labor, and their
policy of land dispossession resulted in the movement of unprecedented numbers of people (p. 11).
Documentation has been utilized as a means of population control in various countries, with South Africa serving
as a prominent example. Under colonial and apartheid authority, indigenous people were denationalized and sent
to ‘homelands’, with the thinly disguised pretence that these regions were sovereign territories. Through extensive
paperwork, such as registrations and permits, the mobility of these native peoples was tightly restricted, leading to
the curtailment of their rights. The legacy of immense inequality and dispossession left by colonial powers led to
deep-rooted anger during post-colonial transitions. The impact of this historical context is evident in the citizenship
legislation enacted after the end of colonial rule. Despite the fact that many post-colonial states in Southern Africa
modelled their nationality laws after those of their previous colonial masters, several also attempted to undo the
system of discrimination. Mozambique is only one country that has implemented citizenship laws that give
precedence to independence fighters and penalize those who oppose it (Manby, 2018a, p. 11).
The tightening of government restrictions regarding claims in other countries has had significant consequences.
Stringent requirements have been imposed for the submission of citizenship renunciation statements, and rigid
deadlines have been set for submitting foreign evidence to prove ineligibility for citizenship. Unfortunately, these
rules have disproportionately affected individuals born in or with parents born in neighbouring countries, making
it nearly impossible for them to comply. The gulf between the law and its implementation in South African
administration remains substantial. Despite relatively liberal legal immigration regulations, the formal
representation of these policies falls short. Migrants in South Africa have reported widespread bigotry and
corruption inside the Department of Home Affairs, which has been accused of purposefully erecting bureaucratic
hurdles to hinder and dissuade illegal immigrants.
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