By Wayne Ncube | National Director
Lawyers for Human Rights (LHR) has continued to assist undocumented and stateless
children through its walk-in clinics across the country over the period, ensuring access to
birth registration, citizenship and legal status in South Africa. In addition to direct legal
services, LHR conducted capacity building and awareness raising initiatives in respect of the
rights of stateless children.
LHR delivered a presentation on statelessness, the challenges faced by stateless persons in accessing health care services and the role of stakeholders in addressing these challenges at a multi-stakeholder workshop on migration and health in Nelspruit, Mpumalanga Province co-hosted by the International Organisation on Migration (“IOM”) and Save the Children South Africa (“SCSA”). The workshop included members of civil society and officials from various government departments such as Department of Health, Department of Education, Department of Social Development and Department of Home Affairs.
LHR and its partners in the National Inter-Agency Working Group on Unaccompanied and Separated Migrant Children (NIAWG) conducted a workshop for social workers based in Kwa- Zulu Natal Province to equip social workers with the relevant legal information and tools to identify and resolve common documentation issues faced by migrant children living in South Africa. LHR also joined ProBono.Org in a community engagement session in Limpopo Province with civil society organisations, community leaders and schools. The discussion was about statelessness and migration in South Africa. LHR provided an overview of statelessness in South Africa and highlighted the causes and consequences of statelessness. Through this engagement, participants gained a better understanding of the concept of statelessness, and the prevention and protection mechanisms that exist in South Africa.
LHR also facilitated a session during a five-day course on statelessness for practitioners and government officials from various African countries conducted by the University of Cape Town (UCT): Refugee Rights Unit and the UNHCR Regional Bureau for Southern Africa conducted. The course aims to develop the expertise of government and civil society on the issue of statelessness and the right to nationality; provide participants with concrete tools to identify causes of statelessness and develop and implement strategies to address statelessness and exchange of best practices amongst African practitioners.
During September the Portfolio Committee on Home Affairs invited LHR to a parliamentary briefing on the situation of statelessness, refugees and migrant rights in South Africa. On the issue of statelessness, while South Africa has taken some positive steps to address the issue there are still gaps in the laws, policies and practice that leave many people at risk of statelessness or stateless in the country. LHR’s report highlighted these gaps and proposed
recommendations towards the eradication of statelessness in South Africa and improved protection of stateless people.
Finally, LHR also has two DNA tests for children set for October 2022. LHR looks forward to continuing its impactful work and aiding many more children realise their legal rights to belonging.
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