5.3
Last resort options: litigation and resettlement
As noted throughout the above sections, the courts are always an
option to enforce a client's rights. In particular, section 4.2 above
outlines the areas of South African law relevant to this field. The
right of every person to fair administrative action, the right to
human dignity found in the Bill of Rights and section 25 of the
Citizenship Act are strong tools in this field of law, which is so
devoid of specific protections for the right to citizenship.
Where all else fails, as attorneys and social workers you may
approach the UN High Commissioner for Refugees (UNHCR) to
request that your client be considered for resettlement to another
country. Resettlement is a procedure that allows people who
cannot access basic human rights in their current country of
residence or in their country of origin to receive protection in a
third country.136 The third country will provide immigration status
and a path to citizenship for resettled people. Most countries also
provide resettled persons with social assistance to help them
integrate, find work and adjust to life in a new country.
Given that UNHCR is the organisation mandated to assist
stateless persons internationally, it is also the organisation that
primarily can assist in resettlement of stateless persons. In
accordance with the General Conclusion on International Protection
No. 95 (LIV), UNCHR considers resettlement of non-refugee
stateless persons ‘on an exceptional basis.’137
UNHCR's Resettlement Handbook provides that the organisation
considers stateless persons for resettlement where the person:
Does not have in the current or a former state of habitual residence a
secure, lawful residence status which brings with it a minimum standard
of treatment equivalent to that set out in the 1954 Convention relating
to the Status of Stateless Persons; and
Has no reasonable prospect for acquiring such a residence status or
nationality; and
Has acute protection needs which cannot be addressed inside the
country of current or former habitual residence.
Even where UNHCR identifies a person as qualifying for
resettlement, it cannot guarantee that it will locate a country
willing to accept the person for resettlement.
136 UNHCR Resettlement Handbook, chapter 1. (4 July 2011) http://www.
unhcr.org/3d464b239.html (accessed 30 September 2013).
137 UNHCR Resettlement Handbook, chapter 7.2.2. http://www.unhcr.org/
3d464ee37.html (accessed 30 September 2013).
106
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide
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