Annex South Africa’s International obligations I. 1. South Africa is not a party to the 1954 Convention on the Status of Stateless Persons and is not a party to the 1961 Convention on the Reduction of Statelessness. South Africa has international obligations to protect the right to a nationality and protect the rights of stateless persons on the basis of other UN and regional treaties to which it is a party. These include, among others the International Covenant on Civil and Political Rights (Art. 24.3), the Convention of the Rights of the Child (Art. 2, 3, 7 and 8), the Convention on the Elimination of All Forms of Discrimination against Women (Art. 9), the International Convention on the Elimination of All Forms of Racial Discrimination (Art. 5(d)(iii)), the International Covenant on Economic, Social and Cultural Rights (Art. 2.2 and 3), and the Convention on the Rights of Persons with Disabilities (Art. 18). Furthermore, the right to a nationality is included in Article 15 of the Universal Declaration on Human Rights. 2. South Africa has additional international and regional obligations to protect the liberty and security of all persons and to protect against arbitrary and unlawful detention. These obligations derive from the African Charter on Human and People’s Rights (Article 6) which protect the right to liberty and security of the person and freedom from arbitrary detention. 3. South Africa is party to neither the International Convention for the Protection of All persons from Enforced Disappearance (see in particular the rights of children under article 25), nor the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (see in particular the right to the children of migrant workers to birth registration under article 29). II. Recommendations to South Africa by Treaty Bodies 4. South Africa has received a number of recommendations relating to statelessness from the Committee on the Rights of the Child, including: I. To place a strong focus on the eradication of structural inequality and discrimination in all legislative, policy and programmatic measures to advance the rights of the child, paying particular attention to stateless children (inter alia), and to the accumulative impact of multiple discrimination50. II. To put in place regulations to grant nationality to all children under the jurisdiction of the State party who are stateless or are at risk of being stateless51. III. To consider ratifying the Convention relating to the Status of Stateless Persons, of 1954, and the Convention on the Reduction of Statelessness, of 196152. In addition, the Committee on the Elimination of Discrimination against Women recommended that South Africa: I. “Facilitate access to birth registration and identity documents for women and girls living in rural areas and informal settlements in urban areas through affordable and 50 See Concluding observations on the second periodic report of South Africa, 27 October 2016, CRC/C/ZAF/CO/2, available at https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC/C/ZAF/CO/2&Lang=En, para 24(a) 51 Ibid., para 32(b) 52 Ibid., para 32(f) 15

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