(1) When the exercise of a right by a stateless person would
normally require the assistance of authorities of a foreign country to
whom he cannot have recourse, the Contracting State in whose
territory he is residing shall arrange such assistance be afforded to
him by their own authorities.
(2) The authority or authorities mentioned in paragraph I shall
deliver or cause to be delivered under their supervision to stateless
persons such documents or certifications as would normally be
delivered to aliens by or through their national authorities.
This could include provision of services to the stateless such as
birth registration, marriage registration and issuance of police
clearances.
The Convention addresses a variety of matters which have an
important effect on day-to-day life such as gainful employment,
public education, public relief, labour legislation and social security.
In ensuring that such basic rights and needs are met, the
Convention provides the individual with stability and improves the
quality of life of the stateless person.
Ratification of this Convention would require that South Africa
establish a stateless status determination procedure and provide
certain minimum protections to stateless persons. It would greatly
improve the status of stateless persons in South Africa, given that
few protections currently exist in law. It would help relieve the
overburdened asylum system by taking stateless persons without a
refugee claim out of that system. Finally, it would benefit South
African civil society and promote social cohesion by providing
measures of security to extremely marginalised and vulnerable
persons who cannot be deported and who need a durable solution.
The standard of treatment that signatory states must provide to
the stateless is essentially the same as that required for refugees
under the 1951 UN Convention relating to the Status of Refugees
and its Protocol (1951 Refugee Convention). The Refugee
Convention is, however, more favourable than the Statelessness
Convention in certain respects, most notably because of its
prohibition against refoulement and its requirement of nonpenalization for illegal entry.22
22
18
UNHCR, Massey, H ‘UNHCR and De Facto Statelessness’ 2010 http://
www.unhcr.org/refworld/pdfid/4bbf387d2.pdf (accessed 11 July 2012) 15.
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide