Statelessness in Southern Africa
In principle, recognition of citizenship should start immediately after birth, with registration of the birth
itself.52 Birth registration establishes in legal terms the place of birth and parental affiliation, which in
turn serves as documentary proof underpinning acquisition of the parents’ nationality (jus sanguinis), or
the nationality of the state based on where the child is born (jus soli). Birth registration (while not itself
conferring citizenship) is usually fundamental to the recognition of nationality itself, and thus of all other
citizenship rights: lack of birth certificates can prevent citizens from registering to vote, putting their
children in school or entering them for public exams, accessing health care, or obtaining identity cards,
passports, and other important documents. Yet, according to UNICEF, the UN Children’s Fund, 55% of
African children under five years old have not been registered, with the situation much worse in rural
areas. In a few countries more than 90% of children are not registered.53
In some countries, the registration of births is not even compulsory. For example, as of 2004 in southern
Africa, registration of births was compulsory for all children in South Africa, Swaziland, Zambia, and
Zimbabwe; but not in Botswana and Malawi. In Malawi the requirement to register was racially based:
registration was compulsory only if one or both parents were of European, American, or Asiatic “race” or
origin.54 In Zambia only an average 14% of children are registered, as reported by UNICEF. For
Malawi figures are not even available from UNICEF, but a campaign on birth registration led to the
adoption of a new law in 2011 requiring universal birth registration, without racial discrimination. This
campaign is believed to have increased the rate of registration from less than 5% of under-fives to around
10% in 2009, with further progress anticipated.55
Mozambique adopted a national plan of action on birth registration in 2004 to address the fact that only
6% of children under five years had a birth certificate. Since then, about 4.2 million children under the
age of 18 have been registered. This represents almost 50% of all children in Mozambique.56 Refugees
and asylum seekers also have full access to civil status documentation, such as birth, marriage and death
certificates. However, the fact that nationality legislation has not been updated since the current
Constitution was adopted in 2003 leads to inconsistent practices at different civil registry offices.
In Angola, the 2005 nationality law provides that nationality of origin is proved by a birth certificate; yet
UNICEF estimates that only 29% of Angolan children are registered overall, and only 19% in rural areas.
Similarly in South Africa, the Citizenship Act provides that citizenship is granted to children born on the
territory who would otherwise be stateless, provided that birth is documented through a birth certificate.57
The Births and Deaths Registration Act states that birth registration is a right for all children. Within
southern Africa, South Africa has the highest rates of registration, after a major drive to improve
registration rates led to an increase from less than 25% of under-fives in 1998 to 72% in 2005, and 92%
by 2009. Even so, a substantial proportion of births are registered late.58 Moreover, those who are most
likely not to be registered are children whose parents cannot produce a passport or South African identity
card. This means that asylum seekers, refugees, stateless persons and undocumented migrants may be
52
“The child shall be registered immediately after birth and shall have the right from birth to a name, the right to
acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents.” Convention
in the Rights of the Child, 20 November 1989, Article 7(1). The African Charter on the Rights and Welfare of the
Child repeats this provision (Article 6(2)).
53
For birth registration statistics for individual countries, follow links from the UN Children’s Fund (UNICEF)
index page to statistics for each country, which are currently updated as of March 2010:
http://www.unicef.org/infobycountry/esaro.html. See also concluding observations of the UN Committee on the
Rights of the Rights for the relevant countries, available at http://www.unhchr.ch/tbs/doc.nsf, in which concern at
low birth registration rates is frequently expressed.
54
Jonathan Klaaren and Bonaventure Rutinwa, “Towards the Harmonisation of Immigration and Refugee Law in
SADC” Migration Dialogue for Southern Africa (MIDSA), Report No.1, 2004, pp.40-41.
55
See
Plan
International
country
case
study,
available
at:
http://planinternational.org/birthregistration/resources/country-case-studies/malawi.
56
See information from UNICEF at http://www.unicef.org/mozambique/protection_4904.html and Plan
International at http://plan-international.org/birthregistration/resources/country-case-studies/mozambique.
57
South African Citizenship Amendment Act, 2010 Article 2(2).
58
The coverage and quality of birth registration data in South Africa: 1998–2005, Report no. 06-03-01 (2007),
Statistics South Africa, 2007; 2009 figure from UNICEF.
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