will often include those with high risk factors for statelessness (such
as people born outside their parents’ country of nationality or those
orphaned abroad) but who have not yet attempted to access
nationality through administrative procedures.
2.3
At risk of statelessness
This is a term that describes a person whose nationality status is
undetermined and who has a high risk of becoming stateless due to
his or her circumstances.
Not all persons who are undocumented are stateless. However,
certain categories of undocumented persons have a heightened risk
of being or becoming stateless.
People who have not had their births registered or have not yet
applied for enabling documents such as birth certificates, identity
documents (IDs) or passports, cannot be considered ‘stateless’ –
they may be able to access nationality should they approach the
relevant authorities. However, when combined with other factors,
undocumented people are at risk of statelessness.
Risk factors include:
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Birth outside one’s parents’ country of nationality;
The death or desertion of one or both of parents;
Irregular migration across international borders;
Mixed nationality parentage;
Proximity to international borders with high cross-border
movement;
Loss of clinic cards or other similar records;
Birth outside of a registered clinic or hospital; and
Persons impacted by laws that do not allow dual nationality and
that require adherence to administrative procedures in order to
retain nationality when the person reaches the age of majority.
These factors increase the risk that a person will not be recognised
by any state, despite having a legal claim to nationality. In many
cases, these factors indicate a likelihood that there will be a conflict
of laws between countries, leaving the person without citizenship in
any state.
However, until such a person approaches the relevant authority
to attempt to access nationality, their nationality status remains
undetermined – and hence they are ‘at risk of statelessness.’
2.4
Birth registration
Birth registration refers to the permanent and official recording of a
child's existence by an administrative branch of a state. This process
is ordinarily completed when the government of a state issues
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Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide