WHEN ASSISTING AN UNDOCUMENTED CHILD TO OBTAIN DOCUMENTATION OR LEGAL STATUS,YOU NEED TO GATHER AS MUCH INFORMATION AS POSSIBLE. THESE STARTING STEPS ARE HELPFUL: CONDUCT AN INTERVIEW ON DOCUMENTATION HISTORY OF THE CHILD ASK 1. child’s place of birth; 2. parents place of birth and nationality; 3. if the parents are deceased or alive; 4. if the child is in the care of the parents, legal guardian or relative; 5. if the child has a travel history or any links to any other country; and 6. what documentary evidence is available to assist in the documentation of the child e.g., parents’ documentation, birth certificate, ID and passport. At this stage, it is also recommended that any persons (e.g., friends, church members, community members and relatives) who might have knowledge of the child’s history are contacted and interviewed; and the information is recorded. ASSESS THE RELEVANT CITIZENSHIP AND IMMIGRATION LAW If the child has any links to any other country (e.g., was born in another country or has lived in another country) - you can research the Citizenship Act or Constitution of that specific country to see if the child could be a citizen of that country. In South Africa, the Constitution and the following laws are relevant: 1. 2. 3. 4. 5. Birth and Deaths Registration Act - deals with birth certificates; Identification Act - deals with Identity Documents. South African Citizenship Act - deals with the acquisition of citizenship; Immigration Act - deals with immigration permits for noncitizens; and Refugees Act – deals with refugee or asylum seeker permits/ visas for those with asylum claims. CONFIRM CITIZENSHIP OR IMMIGRATION STATUS OF THE CHILD WITH COMPETENT AUTHORITIES Contact the embassy, consulate or foreign mission of the country the child has links to, to see if they can confirm the citizenship of the child and can assist with the documentation of the child. If the child is a South African citizen, you can verify this with the Department of Home Affairs. NB.: IT IS NOT ADVISABLE TO CONTACT THE EMBASSY, CONSULATE, OR FOREIGN MISSION OF THE COUNTRY THE CHILD HAS LINKS TO IF THE CHILD IS A REFUGEE OR MAY HAVE AN ASYLUM CLAIM AS THIS MAY RESULT IN CESSATION OF REFUGEE PROTECTION OR NULLIFICATION OF THE ASYLUM CLAIM. www.lhr.org.za www.savethechildren.org.za |7