Stateless Transnational Migrant Children in South Africa
TRANSNATIONAL MIGRATION AND STATELESSNESS
Previously, young men were the ones who often migrated. This has changed and
women, children and the elderly now form part of recent migration trends. Notably,
the feminization of migration has been on the increase. In addition, due to pre-migration situations in their home countries, migrants show a willingness to take “the
unpopular 3D jobs – dirty, difficult and dangerous…though a valuable asset to the
national economy, it also means that the number of irregular migrants will continue
to grow, remain un-deportable and states continue to concede to the demand for 3I
labor – inexpensive, imported and irregular” (Van Waas, 2007: 442-443). As time
progresses, the child migrants grow up, and adult male and female irregular migrants
find partners (either fellow migrants or local nationals) and get married. This results
in the inevitable expansion of the family. Given that states are signatories to international human rights conventions, these migrants remain in a state of irregularity and
cannot be returned due to humanitarian reasons, i.e. non-refoulement. On the other
hand, though controversial and no country will readily admit this, countries turn a
blind eye and do not return migrants due to the economic benefits that the country
derives from migrant labor – legal or illegal. This is partly what Bourdieu (1998 in
Ball et al. 2014: 7) referred to as “flexploitation” – flexible exploitation of vulnerabilities in varying forms including low pay and unsafe working conditions. Furthermore,
several studies have noted that undocumented migrants often remain invisible to
authorities in their country of settlement either by choosing to do so or simply out of
necessity (Van Waas, 2007). Without legal identity documents that enable children
of undocumented migrants access to entitlements associated with citizenship, their
options are fewer, their futures are bleak, (Lynch, 2010) they end up as products
of inter-generational statelessness and they may follow in their parents’ footsteps of
doing low-skilled exploitative wage work (Ball et al., 2017). Even in death, stateless
people are invisible people (Lynch and Teff, 2009).
Statelessness and undocumented migration are on the increase (Ball et al.,
2014). Stateless people sometimes find that their predicaments in their own home
countries are untenable and they resort to migration as their only option (Foster
and Lambert, 2016; Menz, 2016). Migration itself can also cause statelessness such as
when migrants lose their documentation during the journey. Depending on their circumstances especially as linked to loss of all identity records and evidence of nationality, the migrants are unable to establish citizenship with a particular country and
prove their nationality. Migration can also create confusion in cases where one cannot tell if the individuals are stateless or if they simply have challenges proving their
nationality. Therefore, it is crucial to ensure the protection of stateless people within
the migration framework. As such, the Abidjan Declaration as adopted in 2015 by
the Economic Community of West African States (ECOWAS) member states, on the
eradication of statelessness in West Africa, encouraged countries to tackle migration
as a factor that leads to statelessness. Effectively identifying and addressing the issue
of statelessness within a mixed migration context has been largely ignored and war11