Her Document: Her Dignity campaign confronts statelessness among South African women

On 21 March 1960, a historic gathering in Sharpeville, South Africa, turned tragic as protestors against the oppressive pass laws were met with gunfire from the police, resulting in 69 deaths.

This event, rooted in the struggle for fundamental human rights, is commemorated annually as Human Rights Day. On this poignant date in 2025, the Lawyers for Human Rights (LHR) launched an impactful initiative called the Her Document: Her Dignity campaign, spotlighting the systemic barriers that perpetuate statelessness among women in South Africa.

Held during the Human Rights Festival at the Constitution Hill Women's Jail, a site where black women were incarcerated for violating pass laws, the campaign reflects on the enduring struggles of gendered exclusion in a society that still grapples with the legacies of apartheid.

"Decades later, too many women and children in South Africa still face exclusion, denied documentation or recognition of citizenship, and ultimately deprived of dignity. This campaign is for them," stated Thandeka Chauke, attorney and head of the LHR Statelessness Unit. Chauke emphasised that the campaign approaches the pressing issue of statelessness through a gendered lens, shedding light on its intergenerational and intersectional repercussions.

The plight of the stateless

Statelessness, defined as the condition where individuals are not recognised as legal citizens by any nation, has devastating consequences, as it strips individuals of access to essential rights such as education, healthcare, and legal protections. Though South Africa's Citizenship Act is framed as gender-neutral, it is evident that women, particularly those from historically marginalised backgrounds, face substantial hurdles in securing their citizenship and that of their children.

In acknowledging the ongoing discrimination women encounter, the campaign draws upon international human rights instruments, such as the UN Convention on the Elimination of All Forms of Discrimination Against Women, which recognises equal nationality rights as fundamental for achieving gender equality. Yet, the stark reality remains: even without explicit legal restrictions, women frequently encounter bureaucratic obstacles while registering births, obtaining IDs, or securing citizenship.

The triple burden of oppression

The South African Constitutional Court encapsulated this ongoing struggle in the 2020 ruling of Mahlangu v Minister of Labour, acknowledging the profound impact of structural inequalities that Black women continue to navigate. "It is often said that black women suffer under a triple burden of oppression based on their race, gender, and class," the court noted, highlighting that the complex interplay of apartheid-era laws and patriarchal norms continues to weave an intricate tapestry of hardship for these women.

In this context, the Her Document: Her Dignity campaign aims to centre the voices of women who have directly experienced the ramifications of statelessness. Through compelling narratives, the campaign brings forward the stories of individuals like Bella, Raquel, and Primrose, whose lives have been dominated by struggles for documentation and recognition.

The faces of statelessness

For Bella, statelessness meant abandoning her education, with aspirations for a better future extinguished. "If I had a document today, I think I would have a different job, because I would have been able to go to school," she lamented. Raquel, despite being born in South Africa, remains without a birth certificate, making her wary of seeking healthcare, fearing questions about her status. "I don't feel like going to the clinic… I will never know if I have a chronic illness," she stated.

Primrose described her mother's long battle for recognition as she faced relentless rejection from healthcare services, only securing an identity document a month before her death. "They told her if she had come earlier, it might have been different," she recalled, reflecting on a painful legacy inherited by her daughters who now face a precarious future. These narratives encapsulate a critical social injustice, where the absence of legal identity translates into hardship and suffering.

A call for change

The Her Document: Her Dignity campaign is a clarion call for urgent reform in South Africa. It demands streamlined birth registration and citizenship processes, ensuring that undocumented mothers can register their children without excessive bureaucratic obstacles. It urges the government to provide accessible legal pathways for individuals at risk of statelessness and to sign the newly adopted African Union Protocol on nationality rights, thereby reinforcing its commitment to human rights.

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