Exploring the Interface Between Birth Registration and Citizenship Determination: A Scoping Study in Seven Countries in Southern Africa
Endnotes
1
UN Legal Identity Agenda, at: https://unstats.un.org/
legal-identity-agenda/
2
The term “intertwining” is used here to illustrate
how birth registration and citizenship determination
have been interconnected without there necessarily being any due process or there having been a
deliberate process that lead to the interconnecting
of the two processes.
13 The Global Health Advocacy Incubator Guidance
on Civil Registration, Citizenship Determination
and Statelessness, November 2023 https://assets.
advocacyincubator.org/uploads/team/2023/Briefing_CR_Citizenship_Statelessness.pdf
14 UNHCR Litigating the Right to a Nationality: A Guide
for Practitioners November 2024 https://www.refworld.org/policy/polcomp/unhcr/2024/en/149069
15 https://unstats.un.org/unsd/demographic/standmeth/principles/m19rev3en.pdf
3 “Citizenship” and ”nationality” are legally distinct
concepts. Nationality is one’s legal belonging to a
sovereign state, often tied to place of birth and/or
the nationality of one’s parents, while citizenship is
the legal status of having full rights and duties within
that state, such as voting and holding office. However, these terms are used interchangeably in common parlance. Therefore, in this document, we use
the term “citizenship”, which is the more commonly
used term.
16 See Implementation of the United Nations Legal
identity Agenda, United Nations Country Team
Operational Guidelines (May 2020), paragraphs 22,
62.
17 United Nations, Guidelines on the Legislative
Framework for Civil Registration, Vital Statistics,
and Identity Management Systems, (hereinafter UN
GOLF), at paragraph 63.
18 Asia-pacific regional workshop on implementing
guidance on inclusive CRVS systems with a focus
on forced displacement, statelessness and children
on the move, pages 10-11, at: https://getinthepicture.
org/resource/crvs-inclusivity-report-workshop-inclusive-crvs-systems-focus-forced-displacement
4 International Covenant on Civil and Political Rights,
https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights
5 Convention on the right of the child, https://www.
ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child
19 UN GOLF, paragraphs 63-66
20 UN GOLF, paragraph 434
6 https://au.int/en/treaties/protocol-african-charter-human-and-peoples-rights-relating-specific-aspects-right
7
21 ID4D Building Statelessness-Sensitive ID Systems,
World Bank, 2026, page 14, at: https://documents.
worldbank.org/en/publication/documents-reports/
documentdetail/099022626224014785
UNHCR Handbook on the Protection of Stateless
Persons, Geneva, 2014, paragraph 55.
22 UN Guidelines on the Legislative Framework for
Civil Registration, Vital Statistics, and Identity Management, 2023
8 https://legal.un.org/ilc/texts/instruments/english/
conventions/6_1_1961.pdf
9 The terms citizenship and nationality are used interchangeably in this report.
23 The Health Sector in Civil Registration: Options and
methods to increase registration of live births, still
births and deaths https://www.globalfinancingfacility.org/sites/default/files/Role-of-health-civil-registration.pdf
10 The “competent authority” is the entity empowered
by law to undertake specified functions and responsibilities. In this case, the competent authority
for birth registration is the entity designated in the
civil registration law with that power and function.
The competent authority for nationality is the
authority responsible, by law, for conferring or withdrawing nationality from individuals, or for clarifying
nationality status where nationality is acquired or
withdrawn automatically.
24 UNHCR, Citizenship and Statelessness in the Member States of the Southern African Development
Community, 2020 https://www.refworld.org/reference/research/unhcr/2020/en/123438
25 UNHCR, Citizenship and Statelessness in the
Member States of the Southern African Development Community, 2020 https://www.refworld.org/
reference/research/unhcr/2020/en/123438; UNHCR
Child Protection Issue Brief: Birth Registration, 2013
11 UNHCR Handbook on the Protection of Stateless
Persons, paragraphs 24-25.
12 UNHCR Litigating the Right to a Nationality: A Guide
for Practitioners November 2024 https://www.refworld.org/policy/polcomp/unhcr/2024/en/149069
29
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