Save children from statelessness in South Africa

Law and Policy Developments:

On 19 June, the Constitutional Court dismissed an appeal by the Minister of Home Affairs against the June 2023 Pretoria High Court ruling that deemed the termination of the Zimbabwean Exemption Permit (ZEP) programme unlawful. The court mandated meaningful consultations with the 178,000 affected permit holders. This decision, following the Helen Suzman Foundation's challenge, highlights the significant impact on individuals who have legally resided and worked in South Africa for over a decade. The ZEP programme, initiated in 2017, was designed to offer legal status to Zimbabweans living in South Africa, allowing them to work, study, and access essential services.

Its termination has profound implications, particularly for children. Many children of ZEP holders were born and raised in South Africa and face the risk of statelessness if their parents' permits are revoked. Without legal documentation, these children may be denied access to education, healthcare, and other basic rights, exacerbating their vulnerability and marginalization. LHR and the Centre for Child Law (CCL) have conducted outreach regarding this by disseminating a booklet aimed at equipping children who are, or whose parents or caregivers are, Zimbabwean Exemption Permit (ZEP) holders: Zimbabwean Exemption Permits and Children’s Rights: What you should know – Lawyers for Human Rights.

LHR also assisted with 8 DNA tests during this period to help resolve documentation issues.

Capacity Building (June and July):

LHR co-facilitated capacity-building workshops for social workers in Limpopo and Kwa-Zulu Natal. The training aimed to shed light on the legal concept of statelessness, its causes, and its consequences in the context of migrant children. LHR emphasized the importance of social workers being equipped with the necessary legal knowledge to assist undocumented migrant children in obtaining official documentation and preventing statelessness.

This is Home Campaign – Advocacy:

On 7 June, LHR hosted a workshop for the This Is Home campaign, which highlights the stories of inspiring young people affected by statelessness and their struggles for belonging and citizenship. The workshop served as a brainstorming platform for young people affected by documentation and/or citizenship and migration-related issues to connect and network. The focus was to create a positive and safe space for communication, advocacy, solidarity, and provide discussions around the This Is Home campaign, the status of the Department of Home Affairs’ backlog, advocacy developments, and a roadmap for the campaign.

Regional Mobilization:

On 13 June, multi-religious leaders, diplomats, and civil society organizations gathered at a conference organized by LHR, the Southern African Nationality Network, the Migrants, Refugees, and Human Trafficking Office of the Southern African Catholic Bishops Conference (SACBC), and the Jesuit Province of Southern Africa. This event focused on addressing the challenges of childhood statelessness in Southern Africa and identifying the roles of religious leaders and other stakeholders in eradicating this issue.

Archbishop Buti Joseph Tlhagale, a member of the UNHCR Multi-Religious Council and a supporter of the #IBelong campaign, emphasized the importance of mobilizing stakeholders and integrating the voices of those with lived experiences of statelessness into the dialogue. The conference highlighted the urgent need for action, as a 2022 UNHCR report indicated that around 19 million children under five in Southern Africa lack birth certificates. Archbishop Tlhagale called on religious leaders to play a crucial role in ending statelessness and ensuring affected individuals receive the necessary support.

From 15 to 19 April, Lawyers for Human Rights (LHR) and the Centre for Child Law (CCL) participated in the 43rd Ordinary Session of the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) in Maseru, Lesotho. The session brought together children, youth, civil society organizations, and government representatives to advance child rights across Africa, with a special focus on the severe implications of childhood statelessness. During their panel discussion, the story of Primrose and her daughters, NM, and AM, was screened to illustrate the harsh realities faced by those living without a nationality.

Links:

• Blocked Ids contempt judgement

Warm Greetings to Our Esteemed Supporters! As we conclude another year at Lawyers for Human Rights (LHR), we look back with pride on our enduring dedication to defending and enhancing the rights of the most vulnerable, particularly children and families threatened by statelessness. This report provides an overview of our key achievements in the first qaurter of 2024

Empowering Through Legal Advocacy and Collaboration

Our advocacy has made significant impacts, particularly through our focused efforts on childhood statelessness. In collaboration with entities like the Centre for Child Law and Save the Children, we've held workshops across Mpumalanga, building the capacity of over 500 social workers. These workshops equip them with the necessary skills to advocate effectively for the rights of migrant children.

Strategic Advocacy Initiatives

A highlight of our advocacy was the launch of a nationwide campaign to address the issue of ID blocking by the Department of Home Affairs. This campaign has brought the challenges faced by children to the forefront of national attention, driving both societal and governmental change.

Legal Milestones:Expanding Access to Justice

Our legal team has achieved several milestones this year, including key High Court rulings that ensure healthcare access and uphold the right to birth registration. These victories not only represent significant legal triumphs but also contribute to broader societal impacts by setting precedents that respect and uphold human dignity.

Individual Case Management and Support

A significant aspect of our work involves detailed case management, especially in challenging legal environments. In the upcoming quarter, we are scheduled to conduct 8 DNA tests. These tests are crucial for our applications in the High Court seeking declarations of South African citizenship, helping to link children with their family members. We have drafted letters to provide financial support for these tests, ensuring that our clients have the necessary resources to pursue their rights to identity and nationality.

Looking Forward:2024 Priorities

Advancing Citizenship Rights

We will focus intensively on reforming the South African Citizenship Act. Our aim is to guarantee that every child born in South Africa is recognized by the state, ensuring their right to a name and nationality, as mandated by the Constitution. This will involve robust legal advocacy, enhanced policy engagement, and comprehensive public campaigning.

Streamlining Government Procedures

We plan to tackle inefficiencies within the Department of Home Affairs to simplify and clarify the citizenship process. Our efforts will include policy dialogue, monitoring government practices, and providing legal support to those navigating this often-complex bureaucracy.

Influential Policy Engagement

With the impending White Paper on Citizenship, Immigration, and Refugee Protection, we are gearing up for extensive analysis and advocacy. Our approach will be thorough, involving stakeholder consultations to ensure that the rights of the vulnerable, particularly children, are safeguarded in any upcoming legal reforms.

Heartfelt Thanks We extend our deepest gratitude to you—our donors, partners, and supporters. Your steadfast support empowers us to continue our work. With your help, we have initiated crucial changes, and we look forward to achieving even more together in the coming year. Together, we are not only defending rights but also nurturing hope and building a legacy of justice and equality.

Warm regards,

Wayne Ncube

National Director,

Lawyers for Human Rights

"Defending Rights, Nurturing Hope"

Links:

• Home Affairs practice of "ID blocking" declared unconstitutional
• LHR makes submission on poorly written White Paper from Home Aff