Stateless Transnational Migrant Children in South Africa
INTRODUCTION
Mixed migration is on the rise globally and in Africa. The presence of many undocumented migrants crossing different international borders is straining immigration, child protection and citizenship legislation and policies, and a sense of balance
is required between inclusion and exclusion (Van Waas, 2007: 437). Statelessness is
when a person is not recognized by any country as a citizen, and they cannot call any
country their own. According to Art. 1 of the 1954 Convention relating to the Status
of Stateless Persons, a stateless person is an individual “who is not considered as a
national by any state under the operation of its law.”
South Africa is reported to have many undocumented migrants, who are either stateless or vulnerable to becoming stateless. A part of this population includes
children and young people under the age of 18. Due to lack of country affiliation and
subsequent protection, stateless persons have been referred to as “outcasts from the
global political system of states” (UNHCR, 2001) and as “legal ghosts” (UNHCR,
2004). Stateless adults and children experience challenges when they try to access
fundamental rights and services and they are at risk of marginalization, discrimination and insecurity (Van Waas, 2007: 439). The worldwide growth in the number
of children who are migrants and stateless and the associated risks are increasing
concerns among scholars and practitioners (Bhabha, 2009, 2011; Lynch, 2010). Empirical research in this area is scant and there is a call to increase the voices of local
actors to help fill the gaps to further understand statelessness and responses to it
(Ball et al., 2014). In addition, Sustainable Development Goal (SDG) 16.9 requires
“providing legal identity for all, including birth registration, by 2030” – a key factor
in preventing statelessness.
Childhood statelessness in South Africa is reported to be an increasing phenomenon, which, though preventable, is often overlooked (LHR and ISI, 2016). The
Lawyers for Human Rights (LHR) have been instrumental in providing assistance
to stateless persons in South Africa. However, the lack of a social work response to
childhood statelessness means that its guiding ethics and principles are not being
fully exercised (Edwards and Mika, 2017). Despite social work being a global profession that is committed to social change and social justice, little attention has been
devoted to this challenge in the social work discourse in South Africa. The paucity of
attention in social work to the issue of childhood statelessness is concerning in light
of the opportunities for social work engagement and support. Indeed, several reports
have singled out and suggested that social workers can play a critical role in addressing this issue. However, information relevant to helping social workers to address this
challenge in South Africa is largely absent.
The goal of this paper is to help social work practitioners assist stateless migrant children and migrant children at risk of becoming stateless. The expressions
irregular migrant, undocumented or non-documented migrant refer to the same basic situation, i.e. when a non-national in South Africa is in contravention of South
African immigration laws. These terms also include people who entered the country
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