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
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