Joint Submission to the Human Rights Council at the 41st Session of the Universal Periodic Review. South Africa Introduction 1. The Scalabrini Centre of Cape Town, Lawyers for Human Rights (LHR), the Centre for Child Law, the UCT Refugee Rights Unit and the Institute on Statelessness and Inclusion (ISI) make this joint submission to the Universal Periodic Review (UPR), on the right to a nationality and human rights challenges pertaining to statelessness in South Africa. 2. This submission focuses on: I. II. III. IV. Unaccompanied or Separated Migrant Children (USMC) and Young Adults Access to Birth Registration Administrative - Procedural Barriers in accessing citizenship Implementation of Court Judgments 3. An Annex to this submission offers additional information. Section I highlights South Africa’s international obligations. Section II contains recommendations to South Africa by Treaty Bodies. Section III contains relevant national law of South Africa. Section IV provides information about the co-submitting organisations. Previous UPR of South Africa under the First, Second and Third Cycles 4. South Africa was first subject to review under Session 1 of the First Cycle. No recommendations specifically relating to statelessness or the right to nationality were made in this cycle. During the Second Cycle, South Africa was reviewed under Session 13. Again, no specific recommendations relating to statelessness or the right to nationality were made. Nonetheless, three recommendations were made on issues that relate to birth registration and the treatment of undocumented migrants: I. Ecuador recommended that South Africa “improve the detention conditions of undocumented migrants, ensure that they are not detained and deprived of their liberty for prolonged periods and that they have all services available, including access to health, psychological assistance, and appropriate physical infrastructure and 1