Stateless Transnational Migrant Children in South Africa
the wife status of the child’s mother, the child born at home or in a health facility,
the presence of a midwife during birth, the child’s conception through rape or other
violence, and other complexities intersecting with other issues, traditions, codes of
conduct and relationships. Ball’s (2009) study in Canada on family and community
influence on the accuracy of indigenous children’s birth records points out to cultural determinants of decision-making in birth registration. Therefore, from a sociocultural perspective, this impacts the positioning of the parent(s) and children in
relation to the greater hierarchical or collective systems. Social work with stateless
children (and their families) must include a recognition of both present and historical cultural patterns and determinants within the given (migratory or resettlement) context and not premised on stability (Ball and Moselle 2016). Social workers
can help parents by facilitating birth registration for children who are eligible for
registration under South African national laws such as those born into statelessness
because of parents’ arrogance, inadequate information and lack of time or money.
An example includes the provision of mobile registration teams in rural areas or in
areas where many migrant families live and by combining birth registration with
other crucial issues where benefits and risks will not support non-registration. Social
workers can also advocate for statelessness or lack of birth registration not preventing children from accessing crucial childhood-related services such as immunization
and early childhood education.
Sec. 2(2) of the RSA Citizenship Act (RSA, 1995) provides citizenship to children who are born stateless in South Africa. However, it is impossible for stateless
children to make citizenship applications using this provision because there is no
regulation for the provision of forms to complete. In addition, there are no guiding
principles in the Act, defining who a stateless child is. This is an oppressive structure
that subsequently leads to the denial of rights of stateless children. A policy implication of this review is the need for the development of a minimum quality of care and
protection standard in South Africa where this is non-existent. Social workers in
partnership with legal experts should, therefore, include multidimensional analyses
of structural drawbacks and lobby for the regulation to be formulated and forms to
be made available at the relevant offices. According to Blitz and Otero-Iglesias (2011:
661), “support organizations can work to mitigate the effects of social exclusion and
deprivation by forming social bridges especially in situations where they have restrictive policy development.” Given that this role is being abandoned because organizations are struggling to survive in hostile policy environments, it is in children’s best
interest and that of the country to address statelessness at birth or soon thereafter
(UNHCR, 2015).
The recognition and promotion of every child’s right to a nationality is critical
and is emphasized in the recent 2020 World Statelessness Report (ISI, 2020). This
must, therefore, be prioritized by both the human rights and development sectors,
including psychosocial practitioners such as social workers who work in these sectors. This report calls for further urgent measures to address intergenerational state17