Save children from statelessness in South Africa

Statelessness Unit Training and Workshops

During this period, Lawyers for Human Rights (LHR) partnered with organizations like Centre for Child Law (CCL) and Save the Children to conduct empowering workshops for social workers in Mpumalanga. These sessions covered essential topics related to migrant children's rights, child trafficking, and legal frameworks.

Advocacy and Awareness

In collaboration with the South African Human Rights Commission, LHR played a pivotal role in the launch of a comprehensive booklet in June titled "How to get documented! A step-by-step guide to getting birth certificates, citizenship documents, and immigration visas for children in South Africa." The resource is intended for a broad audience, including parents, caregivers, social workers, and children, aiming to streamline the process of documentation for children in South Africa.

Legal Achievements

In April, the High Court of South Africa delivered a landmark judgment, invalidating the Gauteng Department of Health's 2020 policy which denied free healthcare services to certain vulnerable groups. This significant victory, championed by SECTION 27, has had reverberating impacts. Building on the strength of this judgment, LHR played a vital role in assisting multiple clients in securing access to healthcare, thus ensuring the effective implementation and realization of the judgment's intent.

LHR’s Statelessness Programme secured a birth registration order in June for a minor at the Tembisa Children’s Court. This achievement was pivotal in overcoming bureaucratic challenges and ensuring that the child could access her fundamental rights.

LHR's consistent advocacy and representation bore fruit in engagements with the Department of Home Affairs. Key settlements achieved included the resolution of statelessness issues and facilitating birth registrations. Among these were the issuance of a birth certificate to a previously stateless child and successful interventions in multiple cases where children had been left undocumented for prolonged periods.

Policy Advocacy

LHR was instrumental in providing feedback on the National Identification Registration Bill, focusing on its shortfalls. The emphasis was on ensuring the Bill is comprehensive, inclusive, and rights-centric.

Casework Overview (March 2023):

Education matters: 9
Birth Registrations: 2
Healthcare matters: 3
DNA applications: 19

Continued Focus and Challenges

Throughout this period, LHR maintained its firm stance on advocating for the rights of stateless children. A notable highlight was the judgment in favor of potentially stateless client by the Gauteng High Court, which bears significance for the landscape of statelessness cases in South Africa.

While the Southern African Nationality Network (SANN) marked pivotal advancements, challenges like limited resources, barriers from the Department of Home Affairs, and funding constraints persist.

Conclusion

From March to September 2023, LHR's relentless commitment and efforts have paved the way for significant progress. Despite the milestones, the path ahead is replete with challenges. Stateless children in South Africa still grapple with barriers to their basic rights. LHR, buoyed by its supporters and partners, continues to strive for a brighter, inclusive future for these children. The mission is ongoing, and every step taken brings us closer to achieving our goal.

Links:

• SUBMISSIONS THE NATIONAL IDENTIFICATION REGISTRATION BILL (2022)