5.3 Last resort options: litigation and resettlement As noted throughout the above sections, the courts are always an option to enforce a client's rights. In particular, section 4.2 above outlines the areas of South African law relevant to this field. The right of every person to fair administrative action, the right to human dignity found in the Bill of Rights and section 25 of the Citizenship Act are strong tools in this field of law, which is so devoid of specific protections for the right to citizenship. Where all else fails, as attorneys and social workers you may approach the UN High Commissioner for Refugees (UNHCR) to request that your client be considered for resettlement to another country. Resettlement is a procedure that allows people who cannot access basic human rights in their current country of residence or in their country of origin to receive protection in a third country.136 The third country will provide immigration status and a path to citizenship for resettled people. Most countries also provide resettled persons with social assistance to help them integrate, find work and adjust to life in a new country. Given that UNHCR is the organisation mandated to assist stateless persons internationally, it is also the organisation that primarily can assist in resettlement of stateless persons. In accordance with the General Conclusion on International Protection No. 95 (LIV), UNCHR considers resettlement of non-refugee stateless persons ‘on an exceptional basis.’137 UNHCR's Resettlement Handbook provides that the organisation considers stateless persons for resettlement where the person: Does not have in the current or a former state of habitual residence a secure, lawful residence status which brings with it a minimum standard of treatment equivalent to that set out in the 1954 Convention relating to the Status of Stateless Persons; and Has no reasonable prospect for acquiring such a residence status or nationality; and Has acute protection needs which cannot be addressed inside the country of current or former habitual residence. Even where UNHCR identifies a person as qualifying for resettlement, it cannot guarantee that it will locate a country willing to accept the person for resettlement. 136 UNHCR Resettlement Handbook, chapter 1. (4 July 2011) http://www. unhcr.org/3d464b239.html (accessed 30 September 2013). 137 UNHCR Resettlement Handbook, chapter 7.2.2. http://www.unhcr.org/ 3d464ee37.html (accessed 30 September 2013). 106 Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide

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