and are compelled to live on the margins of society where they are vulnerable to exploitation and abuse. 45. The only avenue through which such people can obtain a status is section 31(2)(b) of the Immigration Act, which has been discussed above. Stateless persons are usually not informed that this is an option until they approach legal organisations, leaving countless persons drifting undocumented in South Africa with no hope of a path to a nationality. 46. LHR stateless client, Anton, was held in detention for 7 months before being assisted by LHR to be released through the courts. He, and other clients, report not receiving a change of clothes or reading material and being subjected to assault and refusal of medical treatment. The human rights impact of statelessness 47. In addition to the issues identified above, stateless persons and undocumented persons (who are of undetermined natonality or at risk of statelessness) are also unable to enjoy fundamental human and constitutional rights in the following ways: a. South African law prohibits the employment of persons without valid legal and immigration status. All universities require a valid immigration permit or identity document for admission. Stateless persons or those at risk of statelessness do not have access to the right to work, study or run a business; b. Health institutions require a form of identification for the provision of health care services. Access to the right to health care and other socio-economic rights are denied; c. Stateless persons are unable to vote, stand for office and exercise other democratic rights which are reserved for citizens; d. Stateless children are unable to attend school as children are required to provide a South African birth certificate or study permit in a passport for admission. Their right to education is limited. Recommendations 48. Drawing on the information provided in this submission, we urge member states to make the following recommendations to the Republic of South Africa: I. Sign and ratify the 1954 Convention Relating to the Status of Stateless Persons to ensure: a. Establishing a statelessness determination procedure to identify and protect stateless persons; b. Providing legal immigration status to stateless persons, protecting their rights to residence, movement, work etc. c. Facilitating naturalisation for the stateless; d. Issuing Identity and travel documents; e. Providing administrative services and access to basic human rights f. Issuing temporary immigration permits to protect stateless people from arrest and detention pending the outcome of their application for status. II. Sign and ratify the 1961 Convention on to Reduction of Statelessness to ensure:

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