Exploring the Interface Between Birth Registration and Citizenship Determination: A Scoping Study in Seven Countries in Southern Africa the procedures for non-South African citizens. the process by which the director general makes this determination is unclear and the law and regulations on civil registration do not provide for a clear appeal process of a citizenship determination. d. Implications of Citizenship Determination at Birth Registration To date, there has been no analysis to assess the implications of the practice of intertwining birth registration and citizenship determination. However, we know anecdotally that factors such as complex laws, documentation requirements, non-transparent procedures, and lack of appeals processes can hamper access to birth registration and can even create a risk of statelessness: First, legal provisions requiring parents to present documentation showing citizenship or residency status can result in children being denied registration or parents failing to register their children due to fear of reprisal, which can lead to a risk of statelessness. Second, civil registrars’ lack of training on complex citizenship laws and statelessness safeguards can result in an improper denial of citizenship. i. Requiring citizenship documentation of parents can create a barrier for birth registration The practice of intertwining birth registration and citizenship determination raises concerns that some children are denied birth registration altogether, as it adds an extra layer of documentary requirements and scrutiny in order to verify the parent’s citizenship. Children born outside their parents’ country of citizenship can be at particular risk of statelessness, especially if the parents are undocumented. Undocumented persons often cannot access birth registration services in the country where the birth occurs and therefore may lack the proof required to register the birth in their country of citizenship when they return. For example, the South Africa Birth and Death Registration Regulations state that the parents must provide a valid copy of their passport and visa. Therefore, parents who are undocumented (or without valid immigration or residency status) cannot register the birth of their child, which has left many children undocumented.42 The regulations and separate processes for citizens and non-citizens have been continuously criticized by civil society in South Africa as leading to statelessness.43 While the Citizenship Act provides for citizenship to be granted to any child born on the territory without entitlement to another citizenship, there are problems with the implementation of this provision. Specifically, the law only grants citizenship to such children if their birth has been registered, yet, as stated above, these births are difficult to register if the child’s parents are undocumented. As a result, there are many children at risk of statelessness, including unaccompanied foreign minors, foundlings, and those whose parents are undocumented or without valid immigration status.44 While all seven countries provide for registration of asylum-seekers and refugees, in some countries (e.g., South Africa and Lesotho), birth registration is only allowed if the parent(s) can show a valid refugee ID, leaving children unregistered until the parents’ documentation has been issued. In some countries—such as Malawi and Botswana—laws permit the civil registration authorities to register children of undocumented parents through provision of alternative evidence, such as a sworn statement. In Namibia, under the new Civil Registration and Identification Act (Section 16(10)), alternative proofs of residency and identity will be accepted, and lack of documentation does not preclude birth registration. However, if parents 19