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documents regarding applications to acquire nationality or obtain
proof of nationality, including receipts for applications submitted;
certificates of naturalisation;
certificates of renunciation of nationality;
written responses by states to enquiries on the nationality of the
applicant;
marriage certificates of both the client and his/her parents;
military service record/discharge certificate;
school letters of attendance, certificates or diplomas;
medical certificates/records (for example attestations issued from
hospital on birth);
vaccination booklets;
identity and travel documents of parents, spouse and children;
immigration documents, such as residence permits of country(ies)
of habitual residence;
employment documents;
property deeds, tenancy agreements, house permits;
school records, baptismal certificates; and
record of sworn oral testimony of neighbours and community
members.
LHR uses an intake form to gather all information required to make
a preliminary assessment of the client's potential claims to
citizenship, including through birth in a country, parentage,
marriage, or through immigration status that could lead to
naturalisation (including through work permits or relatives permits
to care for a citizen child). If the client has children, a second form
is completed to assess the children's citizenship and birth
registration needs. These initial intake forms are very detailed, but
every piece of information is relevant in assessing the client's
citizenship status and any possibilities for acquisition of citizenship.
4.2
Step Two: Analysis of the states to which the
client has ties
The second step in status determination will involve research.
Having gathered all the information that the client has to offer as
well as documentation, the legal practitioner must now examine
the laws and circumstances of the nation(s) to which the client has
relevant links.
(1)
Assessing citizenship and identifying a stateless person in practice
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Does a state exist?
When determining whether an individual is stateless under Article
1(1), it is most practical to look first at the matter of whether the
individual has a link to a territory that is recognised as a State under
international law. This might exclude from consideration at the
outset entities that do not fulfil the concept of ‘state’ under
international law. Under the 1933 Montevideo Convention on the
Rights and Duties of States, ‘The state as a person of international
law should possess the following qualifications: (a) a permanent
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