6
Prevention of statelessness
6.1
Assisting children in need of care and
protection
Vulnerable children herein refer to foreign as well as South African
orphans, abandoned children, unaccompanied minors, separated
children and child-headed households.140 These children tend to
be at high risk of statelessness. The main reason for their risk of
becoming stateless is their lack of identity documentation, lack of
documentary proof of their citizenship and the difficulty of
obtaining such proof once their biological parents are out of the
picture.
South Africa hosts a large number of children who have migrated
to the territory and are currently unaccompanied by a parent or
legal guardian. These children may have come alone or with a
parent or legal guardian, who later abandoned the child or died.
The Department of Social Development, in its most recent
‘Guidelines on Separated and Unaccompanied Minors Outside Their
Country of Origin’ defines an unaccompanied minor (UAM) as
follows:
A child who is outside his or her country of nationality or origin, has
been separated from both parents and other relatives and is not being
cared for by an adult who, by law or custom, is responsible for doing
so.141
The UN Children's Fund (UNICEF) reports that there are 3.7 million
orphans in South Africa. In addition, around 150,000 children are
estimated to live in child headed households. While the previous
Births and Deaths Registration Act allowed a parent or a ‘person
having charge of the child or a person requested to do so by the
parents or the said person’ to register a birth,142 the 2010
amendments (which came into force on 1 March 2014) and its
regulations state that only a parent, legal guardian or next of kin
will be able to register a birth. Only where the biological parents
are deceased and death certificates can be produced may such
births be registered by legal guardians and next of kin. As such,
children who are head of household will no longer be able to
register their siblings' births. Furthermore, high rates of HIV/AIDS
140 This group is also known in the child protection field as ‘orphans and
vulnerable children’ or ‘OVC.’
141 Department of Social Development, ‘Guidelines on Separated and
Unaccompanied Children Outside Their Country of Origin in South Africa’
(2012) p.4.
142 Section 9(1) of the Births and Deaths Registration Act.
108
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide
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