II. easy procedures, including online and through mobile civil registration units, with a view to ensuring their access to basic services and COVID-19 vaccinations”53; “Amend the Births and Deaths Registration Act (Act No. 51 of 1992) to ensure that children of undocumented women do not become stateless” 54. 5. The Human Rights Committee has also noted its concern about allegations of corrupt practices among immigration officers that “have increased the vulnerability of migrants, especially children, by rendering them undocumented and stateless” urging the State to “facilitate access to documentation and fair procedures for asylum seekers”. 55 The Committee also noted its concern about reports of protracted detention of stateless persons and their deportation to countries where they were not recognized as citizens. It recommended the State party to “ensure that detention pending deportation is applied as a last resort only, with special regard being given to the needs of particularly vulnerable persons, and that individuals detained for immigration-related reasons are held in facilities specifically designed for that purpose.”56 III. National Law 6. The right to a nationality is enshrined in the South African Constitution, 57 according to which, no one shall be deprived of their nationality 58 and “every child has a right to a name and a nationality from birth.”59 While this provision does not stipulate that every child has a right to a South African nationality, it should be interpreted in light of South Africa’s obligations under Article 7 CRC, which includes an absolute protection against childhood statelessness. 7. The Citizenship Act60 governs the acquisition of South African citizenship. The Act provides citizenship by birth or descent to: 2(2). children born on the territory who would otherwise be stateless;61 2(3). children born on the territory and who have lived in South Africa until age of majority, and whose parents are permanent residents;62and 3. children adopted by South African citizens.63 8. While these provisions could provide strong safeguards against statelessness, birth registration is a prerequisite to obtaining citizenship for all children except biological children of South African parents.64 This distinction undermines the right of every child to acquire a nationality65 , it is contrary to the best interest of the child 66 and the principle of nondiscrimination67. This is a significant concern particularly considering vulnerable children such as stateless children and children of non-South African parents who cannot easily access birth registration - especially if their parents are undocumented or stateless themselves. 53 See the Concluding observations on the fifth periodic report of South Africa, 23 November 2021, CEDAW/C/ZAF/CO/5, available at https://documents-dds-ny.un.org/doc/UNDOC/GEN/N21/352/34/PDF/N2135234.pdf?OpenElement, para 42(a) 54 Ibid., para 42(b) 55 See Concluding observations on the initial report of South Africa, 27 April 2016, CCPR/C/ZAF/CO/1, available at https://undocs.org/CCPR/C/ZAF/CO/1 , para 34-35 56 Ibid., para 36-37 57 The Constitution of the Republic of South Africa, 1996, Available at: https://www.gov.za/documents/constitution-republic-south-africa1996 58 Ibid., Section 20 59 Ibid., Section 28(1)(a) 60 South African Citizenship Act 88 of 1995, Available at: https://www.gov.za/documents/south-african-citizenship-act 61 Ibid., Section 2(2) 62 Ibid., Section 2(3) 63 Ibid., Section 3 64 Citizenship Act, section 2(1) read with 2(2). 65 Article 7 CRC. 66 Article 3 CRC. 67 Article 2 CRC. 16