The Role of Colonialism in Creating and Perpetuating Statelessness in Southern Africa
concerted effort to improve registrations, they rose from less than 25% of children
under age 5 in 1998 to 95% in 2012. However, this rate declined to under 90% by
2018, coinciding with increased restrictions targeting children born of non-citizen
parents.11
The proposed regulations put children born to foreign parents at risk of
statelessness. These regulations inaccurately presume that children can have their
births registered at an embassy. Children of refugees and asylum seekers cannot
approach embassies without jeopardising their status or, in some cases, exposing
themselves to actual harm. Even in cases where harm is not a real risk, consular
services are difficult to access. Lack of information about procedures, high costs
related to travel and documents, or fear of interacting with authorities are additional
barriers.
The proposed BDRA excludes stateless children from birth certificates
altogether as they do not have an embassy to approach. This contradicts the
existing citizenship law that claims that stateless children born in South Africa
can be recognised as citizens, but only if their births are registered. Orphaned and
abandoned children are unlikely to be able to prove a link to a country. The lack of a
birth certificate will prevent them from being adopted.
Prior to proposing these regulations, South Africa’s birth registration practices
were already widely criticised for putting children at risk of statelessness. Human
rights advocates have long observed and commented on the significant legal and
administrative barriers to birth registration and nationality that perpetuate childhood
statelessness for both South Africans and foreigners.
These measures form part of a larger immigration policy direction that is
prioritising restrictive measures that disproportionately and negatively impact
African migrants. The DHA has demonstrated a history of sometimes over-reaching
to problematise asylum seekers and low-skilled Africans despite a lack of evidence.12
They shift blame from a department rife with corruption and mismanagement onto
foreign-born people who rely on it. These measures come at high financial and
human rights costs that seek to distract from the real problems at hand.
These restrictive measures are occurring alongside rising xenophobic violence
and antagonism. Claassen attributes poverty, relative deprivation, frustration with
government, social mobilisation, and resource competition as the root frustrations
for community xenophobia and concludes that scapegoating African immigrants
leads to aggression.13
(c) Madagascar
Madagascar has a sizeable population of Muslims of Indo-Pakistani origin, often
referred to as ‘Karana’. Many arrived from pre-partition India in the 19th century
Manby op cit note 2.
Mbiyozo op cit note 43.
Claassen op cit note 39.
11
12
13
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