Statelessness in Southern Africa Nationality and statelessness Nationality1 is a legal bond between a state and an individual, and statelessness refers to the condition of an individual who is not considered as a national by any state.2 Although stateless people may sometimes also be refugees, most stateless persons have never crossed a border.3 Statelessness occurs for a variety of reasons, which include gender discrimination and discrimination against minority groups in nationality legislation and practice, failure to include all habitual residents in the body of citizens when a state becomes independent (the provisions on state succession), deprivation of nationality and conflicts of laws between states. Statelessness is a problem that affects, on conservative estimates, approximately 12 million people worldwide. Statelessness can have a terrible impact on the lives of individuals. Possession of a nationality, and official recognition of that nationality, is essential for full participation in society and the enjoyment of the full range of human rights. Although international human rights treaties allow for some rights to be limited to nationals, including in particular the right to vote and stand for public office,4 most rights are to be enjoyed by all human beings. In practice, however, many rights of stateless people are violated— they may be detained because they are stateless; they can be denied re-entry to or expelled from the country where they live; and they can be denied access to education and health services or blocked from obtaining employment. In 1954, the United Nations adopted the Convention relating to the Status of Stateless Persons in an attempt to protect the rights of stateless persons. The problem can be prevented through adequate nationality legislation and procedures as well as universal birth registration. A first step is for States to accede to and implement the 1961 Convention on the Reduction of Statelessness, which establishes standards for the avoidance of statelessness through nationality provisions on acquisition, renunciation, loss and deprivation of nationality. The right to a nationality in international and African law Article 15 of the 1948 Universal Declaration of Human Rights provides that “(1) Everyone has the right to a nationality”, and that “(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.” This right has been elaborated upon in subsequent treaties. The 1961 UN Convention on the Reduction of Statelessness5, which entered into force in 1975, makes it a duty of states to prevent statelessness in nationality laws and practices. Article 1 mandates that “A Contracting State shall grant its nationality to a person born in its territory who would otherwise be stateless”. Such nationality may be granted either at birth, by operation of law, or upon application, including at a date after birth (for example, at majority). The greatly preferred option is for the nationality to be granted at birth by operation of law. 1 Although in some contexts they may have different meanings, in this paper citizenship and nationality are used interchangeably to refer to the legal relationship between an individual and a state, in which the state recognizes and guarantees the individual’s rights as a member of the national community. 2 A stateless person is defined in Article 1(1) of the 1954 Convention relating to the Status of Stateless Persons as someone “who is not considered as a national by any State under the operation of its law”. ”. For an interpretation of this definition, see UN High Commissioner for Refugees, Guidelines on Statelessness No. 1: The definition of “Stateless Person” in Article 1(1) of the 1954 Convention relating to the Status of Stateless Persons, 20 February 2012, HCR/GS/12/01 (forthcoming); UN High Commissioner for Refugees, Expert Meeting - The Concept of Stateless Persons under International Law ("Prato Conclusions"), May 2010, available at: http://www.unhcr.org/refworld/docid/4ca1ae002.html [accessed 2 August 2012] 3 In situations where stateless persons are simultaneously refugees, they are to receive protection under the 1951 Convention relating to the Status of Refugees. 4 Precisely which rights the state guarantees to its citizens varies by state, but the most common rights that may be limited to citizens are the right to permanent residence within the state, the right to freedom of movement within the state, the right to vote and to be elected or appointed to public office, the right of access to some public services, and the right to diplomatic protection. 5 1961 UN Convention on the Reduction of Statelessness, Article 1. 1