There are, however, exceptions to this rule. Denationalised
Zimbabweans, for example, will often be in possession a
Zimbabwean-issue metal IDs which identifies the card-holder as a
non-national. Those who used to hold such IDs identifying them as
nationals, and who were subsequently denationalised, will often
testify to these having been seized by the local authority. In order
to replace their IDs, denationalised Zimbabweans were allowed to
reapply for a new ID which identifies the holder as ‘alien.’
In the absence of such clear proof of statelessness, it is always
useful to have evidence that verifies your client’s account of his/her
personal history; even if this evidence does not go towards
establishing nationality or lack thereof, it can assist with establishing
credibility. A birth certificate or hospital record, for example, can be
attached to the application in evidence that a client was indeed
born in a country and to the parents whom he/she has described.
School certificates and letters of attendance will serve to support
your client's claims as to where he grew up and resided prior to
coming to South Africa.
Your client may not have this evidence on hand, but it may be
traceable with your assistance. You may wish to make enquiries for
such documentation directly to the foreign authority concerned,
particularly if your enquiry speaks to the content of foreign
registries. If such authority, however, is unavailable or
uncooperative you may wish to call or write directly to the school,
hospital or other establishment/department in question. In seeking
documentary evidence of your client’s personal history, you may
wish to enlist the help of the International Committee of the Red
Cross (ICRC), an organisation specialising in family tracing.
In circumstances where you are unable to assist your client in
accessing any documentary proof corroborating his life story, you
may be forced to make his/her case purely on the basis of his/her
testimony. In such cases it is encouraging that UNHCR has
determined that:
Assessing citizenship and identifying a stateless person in practice
have evidence showing a lack of an identity in the same way that a
national will ordinarily have an ID document.
Given the nature of statelessness, applicants for statelessness status are
often unable to substantiate the claim with much, if any, documentary
evidence. Statelessness determination authorities need to take this into
account, where appropriate giving sympathetic consideration to
testimonial explanations regarding the absence of certain kinds of
evidence.94
94
UNHCR Procedures Guidelines (n 7 above) at para 38.
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