• • • • For detailed analysis of how South Africa would need to reform its law to comply with the statelessness conventions, see LHR's 2013 report, ‘Statelessness and Nationality in South Africa.’ http://www.lhr.org.za/ publications/statelessness-and-nationality-south-africa (accessed 30 September 2013). For an article-by-article analysis of the 1954 Convention, see ‘Convention relating to the Status of Stateless Persons: Its History and Interpretation: A Commentary by Nehemiah Robinson’, Institute of Jewish Affairs, 1955, republished by UNHCR in 1997. For a more succinct overview, see Paul Weis, ‘Convention relating to the Status of Stateless Persons’, International and Comparative Law Quarterly, Vol. 10, 1961, pp.255-264. 1961 UN Convention on the Reduction of Statelessness (the 1961 Convention) Broadly speaking, the 1961 Convention guides states on how to draft nationality laws that prevent statelessness from arising in a state's territory or as a result of its citizenship laws for its Diaspora abroad. The treaty places restrictions on the citizenship laws that a state may enact and prescribes certain clauses which a state must enact. At a minimum: individuals will be granted nationality under certain circumstances in which they might otherwise be stateless; loss and deprivation of nationality will not result in statelessness; and in no case will deprivation of nationality be arbitrary. The 1961 Convention focuses on avoiding statelessness. It encourages granting nationality from birth. It regulates loss or renunciation of nationality, making both conditional on retention of nationality. It encourages non-discrimination against family members when one person loses nationality. It prevents deprivation of nationality on racial, ethnic, religious or political grounds and guarantees due process where deprivation is permitted. Legal framework on nationality and statelessness in South Africa Suggested reading: Significantly, the 1961 Convention requires state parties to confer nationality on persons who would otherwise be stateless as a result of transfer or acquisition of territory. Finally, it establishes that the UN High Commissioner for Refugees will examine stateless persons' claims and assist them in presenting claims to appropriate state authorities. The Convention allows states ample flexibility to make declarations and reservations to protect national security. Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide 19