procedural requirements to access nationality and documentation, even where their right to nationality and documentation is clearly articulated under the law. Consequently, such children are at heightened risk of statelessness. 47. The Department of Social Development has suggested that USMCs are provided with an identifying document similar to an asylum seeker permit,16 until they have gone through the children’s court process. In the absence of an electronic database at the Department however, a child may come in contact with many different social workers and police officials and hospitals without there ever being a combined record. This adds to the vulnerability of such children to trafficking and other child security concerns. 48. Such children are in need of care and protection17 and in addition to being identified as such by relevant government bodies, there is a need for their right to an identity (including birth registration and nationality) to be promoted, respected and fulfilled. Under the current framework, most children in such a state of vulnerability are provided with state care in a place of safety until the attainment of majority, after which, at the age of 18 they are compelled to live an undocumented life on the margins of society, without a claim to a nationality or access to basic human rights. 49. In this context, the Committee is urged to ask South Africa if it has considered legislating to protect extremely vulnerable children and to ensure in addition to the temporary care they receive as children, that their legal identity and nationality is recognised and respected, so they may continue to enjoy human rights in adulthood. Recommendations 50. Based on the points identified above, the following recommendations are made which we hope the Committee will consider in urging the Government of South Africa to ensure the right of every child to acquire a nationality and to solve statelessness: I. Ensure that national laws, regulations and policies are in line with South Africa’s obligations under international law to ensure the right of every child to acquire a nationality, and to prevent childhood statelessness. In particular, guarantee the right to acquire a nationality for all otherwise stateless children born in South Africa, regardless of the parents’ nationality or statelessness, or of their legal status. II. Amend legislation that creates barriers to accessing birth registration. In particular, the legal status of the parent should not determine whether a child’s birth can be registered or not, nor should the imposition of a short time limit for birth registration. Furthermore, the birth registration of foundling children must be clarified and implemented. III. Address the current gap in the law which allows particularly vulnerable children who are stateless or at risk of statelessness, to reach adulthood without having accessed South African nationality. In particular, make provision for an immigration status and an identifying document for USMCs in order to facilitate naturalisation. IV. Take further measures to reduce and ultimately eradicate existing cases of statelessness, particularly among children, including through retroactive implementation of safeguards to provide a nationality to stateless children born on the territory, and through ensuring that the loss, deprivation or renunciation of the parent’s nationality does not result in the deprivation of the child’s nationality. 16 17 Issued in terms of section 22 of the Refugees Act No.130 of 1998 Section 150(1) of the Children’s Act 38 of 2005 9