F KHAN
PER / PELJ 2020 (23)
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1 Introduction
The prevention and resolution of childhood statelessness is one of the key
goals of the United Nations High Commissioner for Refugees (UNHCR) and
its Campaign to End Statelessness in ten years,1 or by 2024. According to
the UNHCR, 70,000 stateless children are born each year, and the effects
of being born stateless are severe.2 To achieve the goal of eradicating
statelessness, the UNHCR has urged all states to take steps in line with the
Global Action Plan to End Statelessness.3 The four steps identified by
UNHCR include: states to allow children to be granted the nationality of the
country in which they are born if they would otherwise be stateless; reform
laws that prevent mothers from passing their nationality on to their children
on an equal basis as fathers; eliminate laws and practices that deny children
nationality because of their ethnicity, race or religion; and ensure universal
birth registration to prevent statelessness.4
The specific focus of this article will be to examine the risk of childhood
statelessness in South Africa. This article will begin by defining
statelessness and will then examine the causes and consequences of
statelessness. It will also briefly comment on the two Statelessness
Conventions and examine the extent to which the right to nationality
provided for under international human rights laws can protect stateless
children. Thereafter, the focus will be on the situation in South Africa. The
author will question whether the laws effectively protect children who are at
risk of being born stateless and provide solutions to this problem. In doing
so, the four steps identified by the UNHCR to prevent statelessness will be
tested against South Africa's laws. This article will use a child-centred
approach, viewing children as beings with rights and not merely as objects
of protection, as with the state-centred approach.
2 Children as bearers of rights
The parents of a child, or any other guardian, and the state are the most
significant role-players in the life of children. However, since children (for
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Fatima Khan. LLB PhD (UCT). Associate Professor of Law and Director of the
Refugee Rights Unit, University of Cape Town, South Africa. E-mail:
fatima.khan@uct.ac.za.
UNHCR 2014 https://www.unhcr.org/protection/statelessness/54621bf49/globalaction-plan-end-statelessness-2014-2024.html.
UNHCR
2015
http://www.unhcr.org/ibelong/wp-content/uploads/2015-10StatelessReport_ENG16.pdf.
UNHCR 2014 https://www.unhcr.org/protection/statelessness/54621bf49/globalaction-plan-end-statelessness-2014-2024.html.
UNHCR 2014 https://www.unhcr.org/protection/statelessness/54621bf49/globalaction-plan-end-statelessness-2014-2024.html.