AHMR African Human Mobilty Review - Volume 6 No 2, MAY-AUG 2020
for example, children born out of wedlock to South African mothers who
are unmarried.
iv) By naturalization or upon application (discretionary) – after a long-term
legal residence, children with refugee status can apply for citizenship,
based on the Refugee Act. Sec. 4(3) of the RSA Citizenship Act (RSA,
1995), which allows a child born in South Africa to parents with no citizenship or permanent status to apply for South African citizenship when
they turn 18, but only if their birth was registered. Children can apply for
naturalization after permanent residency.
IMPLICATIONS AND OPPORTUNITIES FOR SOCIAL WORK INTERVENTION
According to Edwards and Mika (2017: 695), “the profession of social work has a
mandate to serve vulnerable populations, effect positive social change, and strive for
justice on a local, national and global level.” It is within this area that social work and
statelessness intersect. There is no ‘one-size-fits-all’ social work intervention guide
for individual stateless children (and their families), although similarities may exist in cases. However, “effective interventions to reduce children’s risks of becoming
stateless, must take into account the social, cultural, economic, historical and political
contexts involved in transnational migration” (Ball et al., 2014: 2). An understanding
of these contexts can provide greater insights into factors influencing statelessness.
Children in South Africa can get nationality only under the conditions set out
in the various pieces of legislation. In addition, they must also be able to demonstrate
their entitlement (Van Waas, 2007: 447). Documentary evidence showing birthplace
or parentage is required for birth registration in South Africa. Other forms of evidence such as DNA and hospital records can be used in place of the birth certificate,
but these can be problematic, expensive or impossible to get and government officials can always challenge them and their process of acquisition. In certain instances,
stateless, stateless-migrant and migrant children are looked at through the ‘human
security’ lens and not the human/child rights lens. Thus, “social workers need to be
informed of the discourses that shape the issue in policy and practice” (Edwards and
Mika, 2017: 696). This calls for social workers to reframe the language of human
rights so that stateless people, including children, can join this debate with policymakers and implementers and can be heard (Ife, 2008). This social work voice is
needed during policy development, as social workers bear witness to the stateless
child in the oppressive system. The actualization of human rights for migrant stateless children must be at the core of policy development. The practice knowledge
shared by social workers can subsequently be translated into effective policy, and the
separation between micro and macro work is lessened (Cox and Pawar, 2013; Perdue
et al., 2012; Warria and Chikadzi, 2018).
According to Ball et al. (2014), parents’ own life trajectories can influence birth
registration as they relate to child birth circumstances. These trajectories include, the
child being born in or out of marriage, the child’s father being the mother’s partner,
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