Over the last few months South Africans have watched, with varied reactions, as the country has purged illegal and undocumented persons from its borders. I have little to no interest in engaging in the politics of the bigger picture of this, however see huge irony in the movement when put into context within our home.
Abandoned, abused, neglected children rendered in need of care and protection have found their way into our home for a decade now. Almost 200 of them. Through no fault of their own not any desire to be ripped from their own biology, here they find themselves. Of those nearly 200, but one child was born outside of South Africa, the remaining majority were all born on home ground, mostly in hospitals around Gauteng.
And in a country making public announcement on its crackdown on documentation of persons within its borders, our authorities have made it mighty difficult to ensure that these South African children have the paperwork they are entitled to.
The struggle to obtain a birth certificate for a child who has not been registered by their biological mother (no responsibility put to biological fathers here but Iet me not digress into a rabbit hole that will not serve this article) is one which I, as their temporary carer, am both powerless to and simultaneously repeatedly frustrated by.
The process, for those who are fortunate enough to never have had to do this, is seemingly simple- and I’m sure the powers who wrote it into legislation were quite proud: The social worker on the case takes the proof of birth to the court and requests that the court issue a specific form which compels home affairs to issue the birth certificate for said child to the social worker.
Easy peasy. Except it never is.
What when a child does not arrive neatly packed with a proof of birth in their hand? Or when a baby is found abandoned?
What if we don’t know where a child came from or what the circumstances around his/her abandonment were?
What if the mother had never herself been able to get a birth certificate (which means she couldn’t get an ID)?
Well we have process for that too! A social worker can do an investigation and apply to the courts for a form which compels home affairs to issue a birth certificate for the child.
But what happens when the social
Worker is so overloaded that the quality of her investigation meets repeat dismissals at the court a that form is not issued?
What when the social worker changes so many times on a child’s case that no one succinct report can ever be submitted on time and a case is postponed repeatedly?
What happens when a mother is found by some miracle and the proof of birth exists at a hospital but the mother has an outstanding bill because she foreign and they won’t issue the proof until she’s paid?
We have solution for that too! Hand written birth certificates which the department of home affairs issues to ensure the scarlet mark of foreignness remains attached to the child indefinitely.
What then when a child has a birth certificate but that birth certificate says the name of one, or two, people who have not seen the child since birth?
What when it’s ten years later and the child is traveling with the only people s/he has ever know as mom and dad, those legally entrusted with their care, fully responsible for their wellbeing and medical requirements, education, psychological and emotional and physical safety? How then does one apply for valid passport to ensure that a/he has access to the freedom of movement enshrined by our constitution?
Should children, all children, not just those born within a certain economic bracket, not have a right to freedom of movement and the documentation which legally enables them to move?
They should.
And that right there is the hill I feel I am going to die on this year.
Because children in care are consistently and persistently denied their right to freedom of movement – and it is utterly unjustifiable in so many of the instances.
Denying a child a birth certificate denies them the access to education- a right enshrined in the constitution.
Denying a child a birth certificate or passport denies them their right to freedom of movement- right enshrined in the constitution.
Denying a child a birth certificate or passport denies them their right to equality- right enshrined in the constitution.
Denying a child a birth certificate or passport denies them their right to dignity- right enshrined in the constitution.
The issues our children face as a result of denied or delayed paperwork are tenfold. And I refuse to sit back silently and watch as this heartbreak continues to unfold. The fact that our children have opportunity to travel to neighbouring countries as part of Team Zonke, is something which I feel compelled to use as the mere starting point of screaming for their documents.
Documents are a right.
They feel like a privilege.
For a group of CHILDREN who have done no wrong.
In a country actively expelling the undocumented.