An Evaluation of Pledges to Eradicate Statelessness in the SADC
nationwide “mop-up” exercise to register and issue nationality documentation to
those entitled to it to ensure legal identity and facilitate inclusion by 2022. Further,
this would assist in identifying stateless people and those at risk of statelessness
and consider legal, policy, and administrative reforms that will address and end the
statelessness situation by 2024. Eswatini launched its national “mopping-up” exercise
as well as regional exercises in Shiselweni and Lubombo. These exercises are ongoing
and over a thousand people have been issued with documents.
Introduce provisions in the nationality law to prevent statelessness
and ensure effective implementation of these safeguards
The majority of stateless persons have not held a nationality since birth; this often
occurs due to the gaps in states’ nationality laws. Each country has its own laws
that make provisions for the acquisition or withdrawal of a nationality. However, if
the laws are deficient regarding the right to a nationality, persons can be barred and
left stateless. The 1961 Statelessness Convention stipulates three crucial protections
that states are required to introduce in their nationality laws to prevent childhood
statelessness. These are, to grant nationality to children: born on the territory if they
would otherwise be stateless; born abroad to nationals if they would otherwise be
stateless; and found on the territory to unknown parentage, known as “foundlings.”
A number of states are not signatories to the 1961 Convention and those states that
have ratified the 1961 Convention have not yet included these safeguards in their
nationality laws. Lesotho pledged to enact by 2020 the bill on nationality that grants
nationality to children of unknown origin found in its territory and provides for a
safeguard to grant nationality to children born on the territory who would otherwise
be stateless, although this has not yet occurred. However, in 2018, Lesotho enacted
constitutional amendments that allow for equality in the conferral of nationality on
spouses (Eighth Amendment to the Constitution Act, 2018: section 40).
Improve quantitative data on stateless populations
Only a handful of countries report on quantitative data on stateless populations,
while some of the countries globally with a large suspected stateless population
do not report on statelessness at all. There are several ways how statistics and
information on the situation of stateless populations can be gathered, using a range
of methods, including analyses of civil registration data, population censuses, and
targeted surveys and studies. The Expert Group on Refugee, IDP and Statelessness
Statistics developed the International Recommendations on Statelessness Statistics
(hereafter “IROSS”), which was submitted to and unanimously endorsed by the
UN Statistical Commission in March 2023. IROSS seeks to improve the quality of
data on statelessness by providing guidance on the production, coordination, and
dissemination of stateless-related statistics. In late 2022, commissioned and assisted
by the UNHCR, Malawi validated and published a national study on statelessness
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