2 Defining the concepts 2.1 Citizenship or nationality The terms ‘citizenship’ and ‘nationality’ will be used interchangeably throughout this guide.4 These terms refer to the legal bond between a person and a state. This legal relationship provides the individual certain rights such as the right to enter, leave and reside in a state, to vote, to be elected or appointed to public office, to access public services, to diplomatic protection when outside the country and to other rights that are not available to noncitizens. Each state has set out laws regulating the granting of citizenship and nationality to people who qualify and explaining the procedures for people to obtain state recognition as a citizen/ national. In the 1955 Nottebohm case, the International Court of Justice said, According to the practice of States, to arbitral and judicial decisions and to the opinion of writers, nationality is a legal bond having as its basis a social fact of attachment, a genuine connection of existence, interest and sentiments, together with the existence of reciprocal rights and duties.5 2.2 Stateless The internationally accepted definition of ‘stateless’ is found in Article 1(1) of the 1954 Convention relating to the Status of Stateless Persons (the 1954 Convention): For the purpose of this Convention, the term “stateless person” means a person who is not considered as a national by any State under the operation of its law. Although South Africa is not yet signatory to this Convention, it is nonetheless bound by this definition; the International Law 4 5 6 In the past, the distinction between citizenship and nationality was more pronounced than it is today. For example, as noted by Bronwen Manby, ‘In African countries under colonial rule or South Africa under apartheid, only those of European descent had both nationality and full citizenship rights. Similarly, it used to be common for women to have nationality of a state but not full citizenship, because they did not have the right to vote. Today, human rights law principles of nondiscrimination require that all those who are nationals of a state enjoy the same rights.’ B Manby Citizenship law in Africa, a comparative study (2009) ix. Liechtenstein v Guatemala ICJ (1955) ICJ Reports 23. Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide