a.
b.
Development of legislation and regulations which ensure every child’s right to a
nationality and that no child is born stateless in South Africa;
Universal birth registration for all children born in South Africa, particularly
foundlings, those born to irregular migrants and undocumented persons.
III.
Supplement the Immigration Act and other legislation to strengthen measures to regularise
stateless persons including an amendment or addition of section 31(2)(b) to accommodate
issuance of permanent residence permits to people who are stateless.
IV.
Ensure just administrative action on blocking and releasing South African identity documents
by discontinuing the practice of blocking identities without consultation and resolving
existing cases of blocked identities.
V.
Amend legislation and take other measures to ensure just administrative action in
processing applications for birth registrations after 30 days of the birth and ensure that all
births are registered regardless of time passed since birth.
VI.
Regularise the status of all unaccompanied and separated migrant children in the care
system who are at risk of statelessness by providing them with permanent residence status.
VII.
Amend legislation to remove barriers to birth registration and to:
a. Allow the children of undocumented parents to be registered
b. Allow the births of children born out of wedlock to be registered where a mother is
unavailable or undocumented
c. Allow the children of parents without valid immigration permits to be registered
VIII.
Take steps to ensure that all South Africans who were previously undocumented under the
Apartheid regime (and their children) are registered and have access to identity documents
in order to access the right to nationality and the socio-economic rights which flow from
nationality.
IX.
Amend the restrictive policy on children born to foreigners in South Africa so that section
4(3) naturalisation procedures applies to all otherwise stateless children born before the
enactment of the provision in 2013.
X.
Amend legislation so children can apply for South African nationality immediately after birth,
and not have to wait until they turn 18.
XI.
Develop regulations and facilitated implementation of section 2(2) of the Citizenship Act to
allow stateless children born in South Africa to apply for South African identity documents
in line with the recent court order to that effect.
XII.
Ensure that all persons arrested for immigration purposes be brought before a court within
48 hours to assess the lawfulness of detention. Ensure that all persons subject to detention
immediately undergo a status determination procedure in order to ensure that no citizens,
refugees or stateless persons are held in detention.