Regarding South Africa's progress towards signature and
ratification of the treaties: in December 2011, South Africa
delivered a pledge at a United Nations ministerial-level conference
in Geneva that South Africa would sign and ratify the stateless
treaties following an internal consultative process. In November
2012, LHR presented before the Parliamentary Committee on
Home Affairs to encourage South Africa to honour its pledge by the
end of 2013.21 The response was positive, but to date no action
has followed. The committee expressed concern over how to
prevent an ‘explosion’ of statelessness on the territory should South
Africa ratify the treaties. In other words, the committee members
were concerned that people would destroy their identity
documents and passports in hopes of claiming stateless status and
protection. LHR highlighted that identification of a stateless person
is a process which is not easily open to fraud. Statelessness is a legal
status that can be confirmed in collaboration with officials from
individuals’ countries of origin and former residence. Furthermore,
the potential for fraud is not a sufficient reason to neglect the
fundamental human rights and need for protection of the many
genuinely stateless persons on the territory.
•
1954 UN Convention relating to the Status of Stateless
Persons (the 1954 Convention)
The 1954 Convention is the cornerstone of the international
protection regime for stateless persons. It is the primary
international instrument adopted to date to regulate and improve
the legal status of stateless persons internationally.
The 1954 Convention is part of a broader set of universal and
regional standards. However, it is the only legal instrument that
establishes the international legal status of 'stateless persons' and
addresses directly the practical concerns specific to stateless
persons. It not only sets out the definition of a stateless person, but
also specifies the treatment to be accorded to stateless persons by
state parties.
Legal framework on nationality and statelessness in South Africa
South Africa can appeal to these treaty regimes only as examples of
accepted international standards of best practice.
The 1954 Convention protects stateless people’s basic human
rights and needs until their nationality can be resolved, prevents
discrimination, requires issuance of identity and travel documents
to stateless persons (Article 28), prevents expulsion save on
grounds of national security or public order (Article 31) and
requires facilitation of naturalisation of stateless persons (Article 32).
It further provides in Article 25 that,
21
See a summary of LHR's presentation here: http://www.lhr.org.za/news/2012/
press-statement-lhr-makes-statelessness-submissions-parliament
(accessed
3 October 2013).
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide
17