Introduction
For those of us who have passports or identity documents, the key
that these documents hold to accessing our basic human rights is a
fact that we take for granted. We open bank accounts, enter into
contracts (including marriage), register for social security, go to
hospital and register the births of our children, later enrolling them
in school, all without a thought to our ‘ticket’ to these services: our
documentation. Yet for those without the ability to obtain proof of
their identity, lack of documentation becomes the source of their
social, economic and political exclusion.
Introduction
1
A stateless person is one ‘who is not considered as a national by
any State under the operation of its laws.’1
The practical manifestation of statelessness is ordinarily the
inability to access documentation; a state that does not recognise a
person as a national will also not take responsibility for their
documentation. Persons who have been denationalised will often
have their documentation forcibly removed. Those stateless persons
who are undocumented from birth will most likely never, without
legal assistance, know what it is to hold an ID with their name on it.
In some cases, people only discover they are stateless during
deportation proceedings when no country will issue an emergency
travel document to authorise their deportation.
In the African context, statelessness is often confused with a lack
of belonging. Doubts as to whether statelessness can exist in Africa
are thus usually centred around notions of the large African family
and cultural assumptions; how can an African be stateless if he, as
all Africans, comes from an identifiable town/village and has an
extended family or a chief who can vouch for him? However, a
stateless person may well have an established family and home life
and may well feel a real sense of belonging in their place of origin.
Being stateless does not imply that a person has no roots. Also,
while many Africans do come from an identifiable place and family,
exceptions exist in the context of forced migration that is a reality
across Africa.
In reality, nationality is not a matter of how much a person feels
that he belongs in or comes from any particular place. The crux of
the matter is whether he qualifies under the law and is considered a
national by the state in question.
Documentation is usually the issue that will bring statelessness to
your doorstep as an attorney, paralegal or social worker. People
1
Article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons.
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide
1