Step Three: Make your initial assessment
After assessing the client's story, the relevant citizenship law and
state practice, your client will fall into one of the following three
categories:
•
Client is not stateless
You could determine through your interviews with the client and
through country research that the client is not stateless. Perhaps
the problem is that the client lost his passport or birth certificate
and he requires assistance in reissuance of such documents.
•
Client is at risk of statelessness
If your client qualifies for nationality in a country under the letter of
the law, and has not yet attempted to obtain citizenship, he or she
may be at risk of statelessness. Your client may be more successful
in accessing his or her citizenship if assisted by an attorney, even if
he has very little documentary evidence of his claim.86
At this point in time, you will want to contact the relevant
authorities of the countries in question in order to confirm whether
the client is or is not a citizen. The next section will deal with this
process in detail.
LHR views children born in South Africa to foreign parents who
do not have birth certificates as a population at high risk of
statelessness. We routinely assists foreign parents in accessing birth
registration for their children born in South Africa and in this way
work towards preventing statelessness from occurring.
•
Client is stateless
You may find that your client either a) does not qualify as a citizen
under any state(s)'s laws or b) qualifies under the law, but has for
whatever reason been refused recognition by the state(s) in
question despite attempts to claim citizenship.
Assessing citizenship and identifying a stateless person in practice
4.3
In these scenarios, your client is currently stateless. You will next
confirm his or her status with the competent authorities of the
countries in question.
86
However, we should note that some foreign missions will be offended if an
attorney contacts them on a client's behalf before the client has tried to obtain
assistance alone. For the sake of positive relations with these officials, it may be
worthwhile to ask the client to try to access services by himself before you, as
an attorney, become involved.
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide
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