Forcibly displaced children and youth often struggle to access rights in South Africa, not only due to gaps in the law but also due to misapplication or misunderstanding of legislation. Institutionalised xenophobia continues to be a defining force in the lives of many migrants.

Those who approach Lawyers for Human Rights (LHR) law clinics have often experienced barriers to accessing rights and services at all levels of governance, from local clinics and schools to the departments of health and education, according to Jessica Lawrence, who was head of the LHR Refugee and Migrant Rights law clinic in Johannesburg from 2019 to 2022. 

“We came to identify that there are many issues which forcibly displaced children and youth face in South Africa. We had identified that these issues are systemic in nature and reoccurring, and despite our best efforts and the best efforts of many state officials… they continue to be barriers to accessing life,” said Lawrence.

Access to documentation was one of the main barriers facing forcibly displaced children and youth, she continued, describing this issue as “the gatekeeper of all other rights”.

Lawrence was speaking at the launch of the handbook, “Rights and Realities Of Forcibly Displaced Children and Youth In South Africa”, on Tuesday, 31 January. The handbook was produced by LHR with support from terre des hommes (TDH) Germany. TDH is a nonprofit committed to empowering children.

Visit Daily Maverick’s home page for more news, analysis and investigations

The handbook provides a guide to the law relating to forcibly displaced children and youth, their rights and access to public services, and their lived realities, according to Sharon Ekambaram, head of the Refugee and Migrant Rights Programme at Lawyers for Human Rights.

The foreword quotes Article 28(2) of the Constitution of the Republic of South Africa: ‘‘A child’s best interests are of paramount importance in every matter concerning the child.’’ 

“We hope that this can be a tool for all frontline service providers to use to try and address the systemic problems within South Africa, insofar as it relates to the rise of forcibly displaced children and youth. We also hope that this handbook can be used to empower forcibly displaced children and youth in South Africa,” said Lawrence.

According to the handbook, more than 642,000 migrant children were estimated to be living in South Africa in 2019, making it the country with the largest child migrant population on the African continent.

A number of young people who came to South Africa from other countries as children spoke at the launch. They shared their stories under the condition of anonymity, out of fear that they would become targets of hate and othering due to being classified as migrants.

Anxiety, depression and constantly feeling unsafe are some of the words that came up as immigrant children living in Johannesburg described their everyday life.
(Photo: Gallo Images / Alet Pretorius)

“I arrived in South Africa in October 2018 at the age of 16 with my mom and my younger siblings,” said one of the speakers. “As Oromos, we had to flee Ethiopia because of the fear of being killed by the conflicting different ethnic [groups].

“The greatest challenge was documentation. My mother went to home affairs to seek asylum and be interviewed. To our surprise, all the written statements under her claim were contradictory to what she told them, which caused her to be rejected… The judicial review was delayed because of Covid-19 and to this day [we] have been waiting.”

The speaker said that a lack of documentation had affected the access she and her siblings had to education and healthcare.

“I always had the fear of what happens if I get in an accident… will they help me or help us in case of an emergency? Throughout all these years, we had no medical examinations,” she said.

“The worst thing about it is the feeling of uncertainty… you feel that you don’t belong anywhere, like you have no identity.”

Abigail Dawson, regional communications officer at TDH, said that the launch of the handbook was opportune, as migrant children were facing compounding barriers to accessing basic rights.

“We hope this reignites the prioritisation of our organisations, professionals and duty bearers for children and young people — no matter their nationality — to be able to play, dream and access services due to them,” she said. DM/MC