Unaccompanied and Separated Foreign Children in the Care System in the Western Cape – A Socio-Legal Study

Authors

DOI:

https://doi.org/10.17159/1727-3781/2016/v19i0a1207

Keywords:

foreign children, child protection, refugees, asylum seekers, child and youth care centres, children's court

Abstract

This article reports on the findings of a study of foreign children accommodated in the care system in the Western Cape, based on fieldwork conducted in child and youth care centres. The objectives of the study were firstly to map and quantify the number and demographics of foreign children placed in all CYCCs across the Western Cape. Secondly, the study aimed to analyse the reasons for children's migration and the circumstances around their placement in residential care institutions in order to establish whether family reunification was possible or desirable. Thirdly, the study explores the sufficiency of efforts made to trace and reunify the children with their families, whether in South Africa or across borders, as the institutional placement of children should not only be a last resort but it should preferably be temporary whilst family-based solutions are sought. Lastly, the documentation status of the children in the study was examined. Recommendations emanating from the research conclude the study.

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Author Biographies

  • Julia Sloth-Nielsen, University of the Western Cape

    BA LLB (Stel) LLM (Cape Town) LLD (Western Cape). Professor, Faculty of Law, University of the Western Cape.

  • Marilize Ackermann, Scalabrini Centre, Cape Town.
    BA LLB (Stel), LLM (Western Cape). Researcher, Scalabrini Centre, Cape Town.

References

Bibliography

Literature

Anderson et al"Unaccompanied and Unprotected"

Anderson K et al"Unaccompanied and Unprotected: The Systemic

Vulnerability of Unaccompanied Migrant Children in South Africa" (Liefaard

T and Sloth-Nielsen J 25 Years of the UN Convention on the Rights of the

Child: Taking Stock and Looking Forward(Brill Leiden 2016 forthcoming)

Connelly 2015 Int'l J Child Rts

Connelly H Seeking the Relationship between the UNCRC and the Asylum

System Through the Eyes of the Unaccompanied Asylum Seeking

Children and Young People 2015 Int'l J Child Rts 52-77

DSD Guidelines

Department of Social Development Guidelines on Separated and

Unaccompanied Children Outside their Country of Origin in South Africa

(The Department Pretoria 2009)

DSD Standing Operating Procedures

Department of Social Development Standing Operating Procedures for the

Tracing, Reunification or Alternative Care Placements of Unaccompanied

and Separated Children in South Africa (The Department Pretoria 2015)

IOM Addressing Irregular Migration Flows

International Organisation for Migration Addressing Irregular Migration

Flows To South Africa: Profiling Unaccompanied Migrant Children in

Musina, Limpopo Province (unpublished report, 2014, copy on file with the

authors)

Kaime "Protection of Refugee Children"

Kaime T "The Protection of Refugee Children under the African Human

Rights System: Finding Durable Solutions in International Law" in Sloth-

Nielsen J (ed) Children's Rights in Africa: A Legal Perspective (Ashgate

London 2008) 183-197

Southern Hemisphere Consulting Draft Report for System Mapping

Southern Hemisphere Consulting Draft Report for System Mapping of the

Protection of Unaccompanied and Separated Migrant Children in South

Africa (submitted to Save the Children SouthAfrica, 26 February 2016,

copy on file with the authors)

Case law

C v

Department of Health and Social Development Gauteng 2012 2 SA

(CC)

Centre for Child Law v Minister of Home Affairs 2005 6 SA 50 (T)

In re Minister of Social Development (North Gauteng High Court)

unreported case number 21726/2011 of 22 June 2011

Mubake v Minister of Home Affairs 2016 2 SA 220 (GP)

Legislation

Births and Deaths Registration Act 51 of 1992

Child Care Act 74 of 1983

Children's Act 38 of 2005

Citizenship Act 88 of 1995

Immigration Act 13 of 2002

Refugees Act 130 of 1998

Refugees Amendment Act 33 of 2008

International instruments

African Charter on the Rights and Welfare of the Child (1990)

Convention on the Rights of the Child (1989)

UN Committee on the Rights of the Child General Comment No 6:

Treatment of Unaccompanied and Separated Children Outside their

Country of Origin (2005)

UN General Assembly Guidelines for the Alternative Care of Children UN

Doc A/RES/64/142 (2010)

UNHCR Guidelines on the Protection and Care of Refugee Children

(1994)

Government publications

Children's Act Amendment Bill B13 of 2015 (published in GG 38703 of 17

April 2015)

Children's Act Second Amendment Bill B14 of 2015 (published in GG 38703 of 17

April 2015)

Regulations to the Refugees Act (Gen N R366 in GG 21075 of 6 April

Regulations on the Registration of Births and Death (Gen N R128 in GG

of 26 February 2014)

Internet sources

IOM 2013 https://publications.iom.int/books/children-move

International Organisation for Migration 2013 Children on the Move

https://publications.iom.int/books/children-move accessed 10 April 2015

Save the Children UK 2007

http://www.savethechildren.org.uk/en/docs/children-crossing-borders.pdf

Save the Children UK 2007 Children Crossing Borders: Report on

Unaccompanied Minors Who have Travelled to South Africa

http://www.savethechildren.org.uk/en/docs/children-crossing-borders.pdf

accessed 15 November 2015

Schreier 2011

http://www.refugeerights.uct.ac.za/usr/refugee/Working_papers/Working_

Papers_4_of_2011.pdf

Schreier T 2011 Critical Challenges to Protecting Unaccompanied and

Separated Foreign Children in the Western Cape: Lessons Learned at the

UCT Refugee Rights Unit, University of Cape Town Refugee Rights Unit

http://www.refugeerights.uct.ac.za/usr/refugee/Working_papers/Working_

Papers_4_of_2011.pdf accessed 9 March 2015

South African Government 2015 http://www.gov.za/services/child-care-

social-benefits/foster-child-grant

South African Government 2015 Foster Child Grant

http://www.gov.za/services/child-care-social-benefits/foster-child-grant

accessed 27 May 2015

Published

17-05-2017

Issue

Section

Articles

How to Cite

Sloth-Nielsen, J., & Ackermann, M. (2017). Unaccompanied and Separated Foreign Children in the Care System in the Western Cape – A Socio-Legal Study. Potchefstroom Electronic Law Journal, 19, 1-27. https://doi.org/10.17159/1727-3781/2016/v19i0a1207

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