Challenges in access to identification documentation and protection services for Unaccompanied Minors and Undocumented Children

Abstract

In South Africa, children's access to identification documentation is crucial for their meaningful existence and realization of rights. However, unaccompanied minors and undocumented children face significant challenges in obtaining such documentation, risking statelessness and violating constitutional and children's rights. This qualitative study explored the factors within the Departments of Home Affairs, Education, and Social Development in the Mangaung Metropolitan Municipality that hinder access to identification documentation, care and protection services for them. Forty-seven participants were purposefully sampled, comprising frontline officials and managers. Through questionnaires and interviews, the study explored obstacles and proposed interventions, particularly focusing on quintiles 1 and 2 within the education sector, as well as frontline officials and managers in the Department of Social Development and Department of Home Affairs. The findings reveal complex challenges across departments, including legislative and policy gaps, complicated processes, and financial burdens. The withdrawal of Circular 1 of 2019 from the Department of Basic Education emphasises the need for systemic reforms. The socio-ecological model clarifies vulnerability at various levels, exacerbated by discriminatory immigration laws and inadequate government responses. Weaknesses in the SA-SAMS system, birth registration processes, DNA testing requirements, and capacity gaps in child protection services further complicate the situation. The study emphasizes the urgency of intersectoral collaboration and disaster response efforts to address the multifaceted challenges faced by unaccompanied minors and undocumented children. It calls for the Department of Social Development to enhance capacity and lead cross-border coordination mechanisms, ensuring protection and support for these vulnerable children.