Eradicating statelessness: universal birth registration as a means of realising the right to name and nationality in Zambia

Siang'andu, Twaambo Ellah Mapenzi

Eradicating statelessness: universal birth registration as a means of realising the right to name and nationality in Zambia

Thesis / Dissertation

2025

Publisher

University of Cape Town

Department

Department of Public Law

Faculty

Faculty of Law

Abstract

Zambia has one of the lowest birth registration rates in the world. Most children rarely have their births officially recorded. Lack of birth registration negatively impacts children. This research seeks to critically scrutinise the efficacy of Zambia's legal framework concerning statelessness, birth registration, the right to name, identity and acquisition of nationality. The research determines that Zambia's legal framework does not protect stateless persons. Neither does it provide for the right to nationality, nor address the problem of statelessness. The research highlights gaps in the Zambian legal system, which falls short of recognising the existence of stateless persons. The laws on birth registration are restricted and only applicable to Zambians by birth, descent, registration and those adopted. Despite Zambia having ratified several international conventions protecting statelessness persons, majority of them have never been incorporated into the national legal system. Thus, the right of a child to nationality, identity, birth registration as provided by the UNCRC cannot be effectively realised by most children in Zambia. The research concludes by providing recommendations such as legal reforms to include specific provisions to facilitate the identification, prevention and protection of stateless persons in Zambia. Ratification and domestication of specific key conventions intended to curb statelessness.