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Home affairs ready for any probe into birth certificate anomaly

Source: The Citizen, 11/04/2017

The department said it was difficult to issue a birth certificate
where grounds for citizenship are not established whether in terms of
birth descent or naturalisation.

The Department of Home Affairs on Tuesday said that it welcomes any
probe by South African Human Rights Commission (SAHRC) into
allegations that it is denying birth certificates to children born in
the country to foreign parents.

The Department of Home Affairs (DHA) has noted media reports claiming
the SAHRC may probe why children born to foreign parents are not
automatically awarded citizenship the home affairs department said in
a statement.

The reports further allege the SAHRC leadership is unaware birth
certificates are not issued to these children. Our legislation on this
fundamental matter of citizenship is clear.

We apply the law in line with our role of determining and recording
identity and status of persons. Section 28 of the Constitution
outlines rights to which children are entitled including rights to a
name and nationality.

The department said the SA Citizenship Act 1995 (Act No. 88 of 2005)
as amended by the South African Citizenship Amendment Act 2010 (Act
No. 17 of 2010) translates and gives effect to the Constitutions
provisions. Expanding on citizenship in South Africa it says it is
obtained by birth descent or naturalisation.

The Department of Home Affairs welcomes any probe as long as we all
are conscious of the legal framework within which rights to
citizenship in South Africa are protected.

Explaining the basic principle of the South African citizenship home
affairs said: A child follows the citizenship or nationality of his or
her parents. If one parent is a South African citizen the child will
be a citizen by birth.

A foreign child adopted by South African citizens becomes a citizen by
descent whilst a naturalised citizen is one who has complied with the
requirements for naturalisation as set out in section 5 of the South
African Citizenship Act.

The department said it was difficult to issue a birth certificate
where grounds for citizenship are not established whether in terms of
birth descent or naturalisation.

Citizenship is not in every country based on nationality of territory.
Children born of permanent residents follow their parents status said
the department.

We do not separate children from parents. What can be done is to
record notice of birth of the child. Such notification of birth can
thereafter be taken to the parents countries of origin for
registration and issuance of passport after which the child will be
issued with a derivative permanent residence permit status upon
application.

The department said the issue posing a serious challenge involves
children whose parents are in the country illegally.

Some of the parents do not come forward to regularise their stay thus
disadvantaging their own children. Logically the longer parents fail
to come out of the woods to have themselves documented thus making
themselves lawful in SA the harder it is to save the children said the
department.

It is a norm in many countries for parents to declare the name surname
and date of birth of their children. Yet we have cases where parents
fail to take responsibility to safeguard their childrens identity and
nationality precisely because they themselves are in the country
illegally.

The department said South Africa had gone out of its way to assist
people even by extending special permit dispensations to nationals of
Zimbabwe and Lesotho who are in South Africa illegally to regularise
their stay.

There are those who did not come out to the open in spite of a
moratorium on deportations. Not all persons are in South Africa with
conscious intentions here to stay said the department.

There are those who would want to go back home when their business is
done. Issuing birth certificates is handled with utmost care as it
serves to confirm nationality.

The department said in some instances it may go against aspirations of
parents or of children when they become adults.

It is not for us therefore to prevent affiliation of individuals to
their nations where they are citizens. Governments implement rights in
accordance with their national laws and international obligations
explained the department.

This depends on the context and country. South Africa is no exception.
In terms of our history we know what it means to be a non-citizen in
your country. We wish that to nobody.

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