THE COMMITTEE ON THE RIGHTS OF THE CHILD 73rd Pre-Sessional Working Group (1 – 5 February 2016) SOUTH AFRICA Civil Society Submission on the right of every child to acquire a nationality under Article 7 CRC 31 October 2015 Introduction 1. Lawyers for Human Rights (LHR)1 and the Institute on Statelessness and Inclusion (the Institute)2 welcome the opportunity to make this submission to the Committee on the Rights of the Child regarding South Africa’s compliance towards every child’s right to acquire a nationality under Article 7 CRC. 2. This submission draws on the extensive work and research carried out by LHR in South Africa under its Statelessness Project. It also draws on recent research and analysis carried out by the Institute, on all Concluding Observations and Recommendations made by the Committee in relation to the right of every child to acquire a nationality under Article 7 CRC.3 An annex to this submission contains the relevant legislative provisions of South Africa, for ease of reference of the Committee. 3. The Institute and LHR hope the Committee will draw on this submission to raise the issue of realising the right of every child to acquire a nationality in its List of Issues for South Africa, and address recommendations to the Government of South Africa in its Concluding Observations on the second, third and fourth report of South Africa to further prevent and reduce the problem of childhood statelessness in the country. This submission has been structured to highlight issues which may be included in the List of Issues by including them in text boxes under each substantive section, and recommendations which may be drawn on for the Committees Concluding Observations by listing them at the very end of the text. 1 Lawyers for Human Rights is an independent human rights organisation with a 35-year track record of human rights activism and public interest litigation in South Africa. LHR uses the law as a positive instrument for change and to deepen the democratisation of South African society, and operates a Refugee and Migrants Rights Programme which has a specialist focus on issues of citizenship, nationality and statelessness. (http://www.lhr.org.za/) 2 The Institute on Statelessness and Inclusion is an independent non-profit organisation committed to addressing statelessness and disenfranchisement in the world through the promotion of human rights, participation and inclusion. (www.institutesi.org) 3 This research has been made publicly available in the form of a comprehensive analytical database of all Concluding Observations, a Factsheet summarizing state party obligations and a longer draft policy paper, and was shared with the Committee at a briefing in September 2015. To access these materials, visit: http://www.institutesi.org/ourwork/children.php 1