Carry out the necessary measures to
eliminate the barriers that impede the
birth registration of all persons born in
South African territory, including migrants
and refugees (Mexico);9
Ensure that all children are issued with a
birth certificate in order to access various
social services, with particular focus on
children of migrants (Slovakia).10
‘Supported’ both recommendations. However, South
Africa also responded that: All children born in South
Africa are registered at birth and not later than the
first 30 days of birth. This is a requirement of national
law. Registration allows all children to access all social
benefits in the country.
6. As this submission elaborates, the South African responses to recommendations related to
detention and birth registration require further scrutiny.
South Africa’s international obligations
7. South Africa has ratified nearly all core international and regional human rights treaties. Stateless
persons benefit from the general application of international human rights standards found in
these core treaties, including non-discrimination, adequate standard of living and equality before
the law.11
8. The right to a nationality and/or protection of stateless persons is further reinforced by a variety
of these instruments, including the Universal Declaration of Rights (Article 15), the International
Covenant on Civil and Political Rights (ICCPR) (Article 24), the Convention on the Elimination of all
forms of Discrimination Against Women (Article 9) the Convention on the Nationality of Married
Women; the Convention on the Elimination of all Forms of Racial Discrimination (Article 5), the
Convention on the Rights of the Child (CRC, Article 7) and the African Charter on the Rights and
Welfare of the Child (Article 6).
9. 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 ICCPR (Article 9) and 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.
10. South Africa, however, is not a party to either the 1954 Convention Relating to the Status of
Stateless Persons (1954 Convention), or the 1961 Convention on the Reduction of Statelessness
(1961 Convention).
South Africa’s national legal framework
9
Ibid., para 124.150.
Ibid., para 124.151.
11
There are a few exceptions under international human rights in which stateless persons are restricted, such
as in the right to vote or to be elected to political office.
10