Committee on the Rights of the Child, which reviewed South Africa in September 2016, during its
73rd Session.4
The Universal Periodic Review of the Republic of South Africa under the First
and Second Cycles
4. South Africa was first subjected to the Universal Periodic Review on 15 April 2008, at Session 1 of
the First Cycle, and subsequently on 31 May 2012, at Session 13 of the Second Cycle of the UPR.
At this review, there were no recommendations specifically mentioning statelessness and the
right to nationality. Related recommendations include removing barriers to birth registration for
all children born in South Africa, acceding to core human rights instruments yet unratified,
preventing and eliminating xenophobia and discrimination against foreigners and improving
detention conditions of undocumented migrants.5 South Africa was commended on its very
progressive constitution, and there were various recommendations more generally related to
South Africa’s treaty obligations, including under CRC, ICCPR and CAT.
5. Some of the most relevant recommendations under the 2012 UPR include:
Recommendation
Response by South Africa
Complete its accession to the core human ‘Supported’
rights instruments that are still not yet
ratified (Iraq);6
Reinforce its efforts to prevent and combat ‘Supported’
racism, racial discrimination, xenophobia
and other related intolerance in particular
against foreigners (Iran);7
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 sanitation (Ecuador);8
4
‘Supported’. However, South Africa also responded
that: All the South African deportation centres are, by
law, required to comply with international standards.
There are inspectorate mechanisms in place and in the
event that deportees are to be held for periods more
than 30 days a requisite court order must be obtained
from a competent court. The challenges of prolonged
deprivation of liberty are accentuated by lack of proper
identification documents for which cooperation with
the countries of origin is imperative.
The ISI, LHR joint submission to the CRC can be accessed here:
http://www.institutesi.org/CRC_SouthAfrica_2015.pdf
5
See the Report of the Working Group on the Universal Periodic Review: South Africa, 9 July 2012,
A/HRC/21/16, available at: https://documents-ddsny.un.org/doc/UNDOC/GEN/G12/151/29/PDF/G1215129.pdf?OpenElement
6
Ibid., para 124.1.
7
Ibid., para 124.38.
8
Ibid., para 124.58.