Cape Town Joint Press Release Home Affairs to Discontinue Birth Certificates for Foreign Children

Joint Press Release: Home Affairs To Discontinue Birth Certificates For Foreign Children

HOME AFFAIRS TO DISCONTINUE BIRTH CERTIFICATES FOR FOREIGN CHILDREN

JOINT PRESS RELEASE by
Centre for Child Law, Lawyers for Human Rights, the Scalabrini Centre of Cape Town, the UCT
Refugee Law Clinic

For immediate release – 14 November 2018

The Department of Home Affairs has published its proposed new regulations to the Births and Deaths
Registration Act and is calling for the discontinuation of the issuing of birth certificates to foreign
children.

Where previously all children were issued with birth certificates, as is required by the Constitution and international law on children’s rights, the new regulations propose that foreign children be issued with a mere “confirmation of birth” which is “not a birth certificate”, according to the new form.

This proposal is problematic for various reasons:

1. Every child has the right to a birth certificate;

2. In terms of international law, it is the responsibility of the country of birth to issue a birth
certificate, regardless of whether citizenship is also granted or not;

3. It violates the child’s right to a name and a nationality in terms of section 28 of the Constitution
and various international law instruments;

4. It amounts to unfair discrimination on a prohibited ground (ethnic origin and birth) listed in the
equality clause (Sec 9) of the Constitution.

The draft regulation requires children to present their “confirmation of birth” to their embassy in order to obtain a birth certificate from their country of nationality. This is particularly harmful to:

1. Refugee and asylum seeker children, because they cannot approach their embassies, which would jeopardise their protection in South Africa;

2. Orphaned and abandoned children who cannot prove their nationalities because their parents
are absent;

3. Stateless children who do not have a country of nationality.

This proposed amendment comes in the wake of criticism from the UN Committee on the Rights ofthe Child, the African Committee of Experts on the Rights and Welfare of the Child and the UN Human Rights council on South Africa’s violations of international law on the child’s right to birth registration and a legal identity.

The UNCRC, in particular, has recommended that South Africa “review and amend all legislation and
regulations relevant to birth registration and nationality to ensure their full conformity with the
Convention, including through the removal of requirements that may have punitive or discriminatory
impacts on certain groups of children.” Instead of implementing this recommendation, the Department
is lowering the standard by removing birth registration for foreign children entirely.

Without a birth certificate children face immense barriers to basic services and human rights such as
education, health and social services. The birth certificate also allows stateless children to apply for the safeguards which give them citizenship where they have no other citizenship.
The Constitution requires us to consider the best interests of the child to be paramount in all matters concerning the child (Section 28). Our courts have consistently found that it is in the best interest of the child to have a birth certificate and access to a nationality.

We urge the Department of Home Affairs not to pursue this amendment.

We further urge all stakeholders to submit their comments on this important issue to Tsietsi
Sebelemetja (Tsietsi.sebelemetja@dha.gov.za) and Moses Malakate (moses.malakate@dha.gov.za)
by Friday, 16 November 2018.

For comment contact:

 Lawyers for Human Rights – Liesl Muller at liesl@lhr.org.za and 011 339 1960
 Centre for Child Law – Anjuli Maistry at anjuli.maistry@up.ac.za and 012 420 4502
 The Scalabrini Centre of Cape Town – Lotte Manicom at lotte@scalabrini.org.za and 021 465
6433
 The UCT Refugee Law Clinic – Dr. Fatima Khan at fatima.khan@uct.ac.za and 021 650 5581

Zam Zam: Empowering Women’s Platform With Education

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Zam Zam, an active member of Scalabrini’s Women’s Platform, has found her calling as an advocate for integration. Her leadership skills, coupled with a strong sense of identity, have served as an impactful combination.

Journey to South Africa

Political instability drove Zam Zam Hirsi out of her home in Somalia and into a Kenyan refugee camp, where she spent her much of her childhood and early adolescence. After a period of sustained peace in Somalia, Zam Zam returned home in 2002, hopeful to resume the life she once knew. Shortly after her arrival, however, the political instability that drove her away resumed. Equipped with enough money for only one of them to escape, her mother insisted she go.

Zam Zam sought refuge back in Kenya, but was turned away at the border and threatened with arrest. After a long and dangerous journey, she arrived in South Africa in 2003. At the time, the process of seeking official refugee status was considerably different than it is today. “Things were not so bad then,” she begins. “Refugees were few and home affairs was an easy process, so I got refugee status very quickly.”

Getting Right to Work

Shortly after her arrival, Zam Zam served as a translator and facilitator for other refugee women seeking stability. She describes her first experience advocating on behalf of a group of widowed women. “I went with them to the cemetery, undertakers, and set up meetings with UCT between these very traumatized women who had to go to counseling. UCT saw that I was the only facilitator and I ended up seeing that these women needed a voice. I started to think, this is where I belong.”

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“I started to think, this is where I belong.”

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Zam Zam was then introduced to Scalabrini, where she began as a member of the Women’s Platform in 2008. She became one of the group leaders among the women’s leadership program, and found fulfillment in this role because it allowed her to meet and connect with other refugee women. Zam Zam went on to help Scalabrini establish credibility within her community. “They [Scalabrini] played a big role in fighting xenophobia in 2008, and because I am in the center of the refugee community, I helped Scalabrini develop a reputation of trust.”

Impactful Education

Today, Zam Zam leads integration workshops for members of the Women’s Platform. She advocates for the importance of active community involvement. Following her own advice, she is the first non-South African woman to be part of the Community Policing Forum where she lives. “In my area, there are no Somalis. I spoke for the foreign, the Somali shop owners. Sometimes in meetings, the police would blame Somalis, so I represented the good business owners and non-South Africans. I am a spokesperson not just for Somalis, but for the whole community.”

Zam Zam believes the future of integration lies in educating young women. “I only have one vision, and that is to work for my community, and also to achieve more by educating young girls and women, empowering them with information. If you give money today, the money might end next week. But with information, they can empower themselves…I see myself working more and more until it’s the new norm that women can be active in the community.”

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“In my area, there are no Somalis. I spoke for the foreign, the Somali shop owners. Sometimes in meetings, the police would blame Somalis, so I represented the good business owners and non-South Africans. I am a spokesperson not just for Somalis, but for the whole community.”

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Cape Town Luc Client Stories

Luc: From student to teacher at The English School

We meet Luc, who went from speaking minimal English to being an assistant teacher at Scalabrini’s English School.

The importance of the English School for integration

One of the greatest barriers people meet when coming to South Africa is that of language. Without adequate understanding of South African languages, it becomes difficult to find employment, housing and medical care. Learning languages is the first step to surviving and integrating in South Africa, which is why Scalabrini’s English School serves a crucial role.

The English School at Scalabrini has developed a specialised curriculum specifically for migrants and refugees in a South African context.

Luc’s journey to South Africa

Luc, from the Democratic Republic of Congo, was sent to South Africa by his family who wanted him to study further. However, once in Cape Town, the situation back home took an unexpected turn. “My family was attacked and robbed by unknown armed men, my father was fatally shot,” explains Luc. Some people might come to South Africa as migrants, but are thrown into a position of applying for asylum when their home is no longer safe.

Becoming a teacher

Luc’s neighbor connected him to the English School at Scalabrini. He spoke barely any English, and joined the Beginners Course. Luc excelled at the course, passing exams with flying colours. “I came back to do more [English levels] but I had completed all the classes’. Instead, the English School at Scalabrini suggested he become a teaching assistant. “I didn’t believe in myself and thought it was a miracle,” say Luc. “It was a miracle! I told my mom about it and she didn’t believe it.”

Luc’s success is, in part, thanks to his interest in the language. “To improve your English you have to speak, listen to English lessons, songs and newspapers and watch international channels that talk about the world.”

Ultimately Luc would like to study at the University of Cape Town. For now it’s not an option. “I’m currently working small jobs – fixing small things, telephone, mending electronics” – which, he explains, is not nearly enough to cover university fees.

Luc explains that he was different before the course. “I was shy. Scalabrini and English school is my foundation. Even if I go back to my country one day, it will stay with me.”

Luc’s journey to South Africa was also featured in the book In My Shoes, a collection of English School students’ stories.

“I was shy. Scalabrini and English school is my foundation. Even if I go back to my country one day, it will stay with me.”

 

Cape Town Marie Client Story

Marie: Fighting for papers with Advocacy

Marie*, 64, and her grand-daughter Bibi*, 12, survived an extremely traumatic journey to South Africa. Slowly, the pair are starting to rebuild their lives in Cape Town – with documentation assistance from the Advocacy Programme.

A life left behind

“I used to be beautiful and wear jewels. I used to walk normally”. Sitting in her room in Brookyln, Cape Town, Marie reflects on a life she left behind in Beni – an area in the Democratic Republic of Congo afflicted by heavy conflict. “Last year, we were on a bus in the forest, and the rebels stopped us and caught us. Me and my grand-daughter, Bibi, were forced into one group by the rebels. My husband and my daughter – Bibi’s mother – were put in another group. I have not seen them since.”

Marie was raped by the rebel soldiers, which resulted in her being disabled. Even now, Marie moves around the house with crutches, and can only move outside using a wheelchair. Marie and Bibi managed to escape to a village where a clinic assisted then. “The clinic told us it was not safe to stay there. We were told to flee,” she recalls. The two of them set off on a long, arduous journey to South Africa.

“Last year, we were on a bus in the forest, and the rebels stopped us and caught us. Me and my grand-daughter, Bibi, were forced into one group by the rebels. My husband and my daughter – Bibi’s mother – were put in another group. I have not seen them since.”

Barriers to documentation

“When we arrived in Cape Town, it was difficult for us because we did not have anything or know anyone or anything,” Marie explains. She was becoming sicker, and the two of them were without documentation or housing. Although Marie and Bibi had a strong asylum claim, they could not apply for asylum in Cape Town. The Cape Town Refugee Reception Office remains closed to new asylum applications – despite a court order ruling that the office be reopened. This is part of an ongoing legal case.

Due to Marie’s disability, she was unable to apply for asylum elsewhere in South Africa – and was also unable to apply in Cape Town. “We did not have papers. It was like we were not even in this country,” explains Bibi, who was not able to enroll in school.

Small steps forward

Marie and Bibi visited Scalabrini’s Advocacy Programme. Recognizing the severity of the case, the Advocacy team negotiated with officials of the Department of Home Affairs. In a miracle collaboration, Marie and Bibi’s case was considered so strong that they were permitted to apply for asylum Cape Town Refugee Reception Office. “It was a miracle for us,” explains Marie. “We were told that Home Affairs will never give us [asylum] papers here. But we went there [to the Refugee Reception Office] with members of Scalabrini and Home Affairs agreed to assist us. Now we have a paper, everything has changed. We are brave now.”

Although documented, there are many barriers to overcome for Marie and her young grandchild. Bibi is attending English courses at a local library until she is able to enroll in school. They live day-to-day in a small single room, and depend on the goodwill of others. Worryingly, there is still no news from Marie’s husband and daughter, who were last seen when the rebels abducted them in the forest in Congo. Marie is desperately trying to find them on social networks. “I used to cry … but now I just pray, all night.”

“We were told that Home Affairs will never give us [asylum] papers here. But we went there [to the Refugee Reception Office] with members of Scalabrini and Home Affairs agreed to assist us. Now we have a paper, everything has changed. We are brave now.”

*Names have been changed to protect identities

 

Cape Town Lucien Client Story

Lucien: Rebuilding a family through Welfare

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After seeking asylum in South Africa in 2009, Lucien needed support and guidance to rebuild his life in South Africa. We take a look at Lucien’s journey with the Scalabrini Welfare programme and how this has helped him rebuild his family.

Leaving family behind in DRC

Lucien grew up in the Democratic Republic of Congo (DRC). In 2009, when the country was politically unstable, Lucien was forced to leave and seek refuge in South Africa. “For safety reasons I needed to leave my wife and two children and come first,” he explains.

In 2013, Lucien was reunited with his family in South Africa. Family reunification is a joyous occasion – but comes with challenges too. “We had been apart for so long and although I was in regular contact, we needed to rebuild our family from the beginning,” he says. “My children were older. I needed to get to know them again and rebuild my relationship with my wife.”

Lucien admits that he became quite dominating in his family. “I would get upset easily and sometimes became bitter and resentful. This had a negative effect on my relationship with my wife and children.”

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“We had been apart for so long and although I was in regular contact, we needed to rebuild our family from the beginning,”

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Re-building a family through Welfare

In 2018, the Welfare Team at Scalabrini decided to pilot a parental skills programme with a men’s group. The parental skills program, in partnership with Salesian Life Choices, helps clients to strengthen family units. A strong family forms an important base for migrants and refugees trying to integrate in South Africa. Lucien was invited to join.

Reflecting on the men’s parenting programme, Lucien explains that “the course offered a safe place to reflect and share my experiences with others. I was able to reflect on my own parenting style and realise what wasn’t working. I now choose a more positive, collaborative style of engaging with my family, which I hadn’t known about before.”

After each session, Lucien sat with his family and went through the course notes. “We started to work more together as a team. As I changed, the family changed with me.” He even jokes and says “sometimes if I go back to my old way my children and wife remind me by pointing to the ‘No Put-Down Zone’ poster we were given in our first session.”

Lucien feels that has made the most of the opportunities provided to him. “Scalabrini has become like my second home. I know I will always get the support I need and be guided towards standing on my own. If you are willing to put the effort in, the rewards can be huge. For me, the reward has been rebuilding my family.”

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“I was able to reflect on my own parenting style and realise what wasn’t working. I now choose a more positive, collaborative style of engaging with my family, which I hadn’t known about before.”

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The Stateless Poet: Our New Video

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How many times have you been asked where you are from? It’s a common question – and it is usually easy to answer. For some of our clients, it is the most difficult question of all.

Watch our new video, made in partnership with B-Yond TV here.

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What’s the problem?

The Scalabrini Advocacy Programme works with several cases of individuals who are at risk of statelessness. A stateless person is someone who is not considered as a national by any state under the operation of its law. In other words, they have no nationality at all.
The effect of statelessness on youth is particularly devastating.

What’s the solution?
At Scalabrini, the Advocacy Programme assists individuals to establish their nationality through family tracing and visiting consulates. If it is established that an individual is stateless, there are applications that can be made to the Department of Home Affairs, but oftentimes this requires further legal assistance. Within South African citizenship and immigration law, some aspects speak to statelessness. If the Department of Home Affairs had a greater capacity to respond and process such applications, great headway could be made to address the issue of statelessness sin South Africa. Furthermore, if the South African government became signatories to the two international statelessness conventions, mechanisms could be put in place to deal with stateless persons and ensure their protection. We advocate that the South African government address the issue of statelessness within its borders. Indeed, groups of undocumented people are not conducive to a functioning state. Statelessness is therefore not only a problem for the individuals involved, but an issue the South African state has an interest in resolving.

Want to take action?
Share our video about Raibyah here!
Sign the petition to end statelessness in South Africa here.
If you have any questions pertaining to Scalabrini’s work on statelessness, please email lotte@scalabrini.org.za.

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Cape Town Lee-Ann Assalone Volunteer Story

Lee-Ann Assalone: Women’s Platform Volunteer

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Lee-Ann originally from Bloomington, Indiana volunteered with Women’s Platform for a total of 9 months. Here she reflects on her experience.

“I had never been to Cape Town before but was drawn to the place because Of its natural beauty and I knew I could learn a lot from its history and sociocultural dynamics. This city is rich with diversity and i adjusted with some difficulty but great rewards. From the minute I walked in the door of Scalabrini, amongst the hussle and bustle of clients I was put at ease by Asha’s kind welcome, and warmth from the rest of the staff.

Volunteering for such a long period of time gave me the unique opportunity to integrate into the fabric of the organisation and develop meaningful bonds with the women that I had the privilege to work alongside. My highlights were definitely collaborating on events for the Women’s Platform team, and seeing the women’s pride upon graduating from Personal Development and Sector training.

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I am grateful to have had the opportunity to work alongside such a talented and committed group of people, clients, volunteers and staff alike. I think one of the greatest gifts that volunteering at Scalabrini Centre offers is the opportunity to learn from people coming from all different cultures and contexts across the globe.

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To do so opens the door to better understand your own perspective, including the historical and geopolitical events that inform it. Bringing these voices together to see a project through or plan an event, witnessing a client grow in confidence and ability, observing women supporting one another, all did a lot to shore up my faith in people’s ability to work together to create something bigger than any one individual or cultural perspective could accomplish.

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“The most rewarding part was seeing the women build relationships with each other, have a place to strengthen their own voice and then the joy and confidence that grows with that. Personally, being part of such a dedicated team pushed and grew me as a person. I will take back many skills and fond memories from my time at Scalabrini.”

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Cape Town Anika Christofferson Volunteer Story

Anika Christofferson: EAP and BASP Volunteer

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Anika is from Seattle, Washington and is studying medicine. She first heard about Scalabrini through her University’s study abroad program and volunteered with Scalabrini for 3 months in the Employment Access Programme and the Bachelor Support Programme.

“I’m passionate about engaging with people and Scalabrini offered a way to engage with people directly. I’m volunteering with two different programs, the Employment Access Program and the Bachelor Academic Support Program. I start at 08h30 searching for jobs and assisting clients with CVs and Job Applications and then in the afternoons, I help out with the Bachelor Academic Support Program, mentoring students and helping out with their projects.

I’ve learned so much about teaching adults, as well as about communication across language barriers.

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“Through the Employment Access Program, I’ve found out a lot about the career climate of South Africa and I’ve become quite confident in career building. I’ve also learned to be able to be present and to isolate my emotions from my work, to make myself more available to clients – I think this will be really helpful working in medicine.”

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Cape Town is geographically similar to home, with the mountains, but Cape Town is higher energy than Seattle. Seattle is progressive, but Cape Town has a greater activism scene. There are a lot of demonstrations in Seattle, but here, activism is something you’d put on your CV – it’s part of the everyday conversation which is amazing to experience.”

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Cape Town Enrica Fitzgerald Volunteer Story

Enrica Fitzgerald: EAP and Accounting Volunteer

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Origionally from Nassau, in the Bahamas, Enrica has a degree in Accounting and Sociology from Saint Mary’s in Canada. She came to Cape Town in July and was doing an accounting internship but then got referred to Scalabrini by Bridging Gaps. This is her experience.

“In my time at Scalabrini I volunteered with the Employment Access programme and also had the opportunity to assist with the organization’s accounting systems. Through my experience I gained a deeper insight into political and economic climate, and to be honest, I didn’t really realize there were so many African Refugees.

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The Western Media doesn’t focus on African issues and it isn’t highlighted by the media. Another thing is that I learnt how to relate to people better. I can get a point across and make someone feel comfortable even across a language barrier.

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I’ve been surprised at the number of older people who weren’t able to finish school. It’s been a real eye-opener. Also, so many people have degrees which are credible, but they’re just not credible here. Qualified people aren’t able to work.

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“My one wish for clients here is that they don’t lose hope – this process is frustrating.”

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We all have a connection to home and I hope that Scalabrini clients can make the best of a difficult situation and find a home here. I loved Cape Town. It’s beautiful! I’m met smart and conscious people who are friendly and helpful all the time. And we don’t have a mountain back home so that has been a real highlight for me!”

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Cape Town Clara Coetzee Volunteer Story

Clara Coetzee: All-rounder Volunteer

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Clara is currently volunteering at Scalabrini as an All Rounder, read about her experience and the different aspects she has been able to get involved in at the centre!

I’m from Pretoria, South Africa, and I’m studying Statistics and Applied Math at UCT. I came to Scalabrini because I was looking for something worthwhile to do in my spare time. As an all-rounder, I’ve spent some time with the Employment Access Program and also the English School. At the moment, every day I teach English classes or Microsoft Excel.

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“Since starting at Scalabrini, I’ve learned and improved my communication skills, as well as how to be assertive and finding the balance between being assertive and helping people.”

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I’ve learned a lot about the hurdles that skilled professionals face when coming to South Africa and the importance of being able to communicate in English, especially within a professional environment. Personally, I’ve learned not only to work with a large number of different people, which is something to get used to, but also to connect with a people from a variety of backgrounds, with different language levels and then how to navigate that.

One day, a woman at EAP came to the help desk and she had a law degree.

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I found out that the Bertha Foundation were looking for candidates for a translation conference with legal backgrounds or backgrounds in activism. I suggested she apply and she was successful! I’ve really enjoyed living in Cape Town it’s a lot livelier than Pretoria and a lot more interesting.

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