Abstract
M.A. (Development Studies)
This report evaluates the response of the South African government to migrant unaccompanied minors at Musina and Beitbridge Limpopo province. The report begins by outlining the migration situation at the Beitbridge Border post and the reasons for UAMs‘ migration to South Africa. It also highlights the processesthey follow in migrating, services available and their vulnerability to sexual and gender based violence as they cross the border through irregular routes. The second section outlines the responsibilities of host states in as far as the needs of migrant UAMs are concerned. As this study is focusing on the South African government, the section further develops a narrative informed by international law and the South African Constitution as well as policies and legislationin force in South Africa. This section points to a well developed legal and policy framework for securing the rights of migrant children. The third section concludes by summarising the needs of UAMs and by stating some of the measures that should be implemented by the South African government in responding to the situation. The fourth section of this study presents evidence crucial for evaluation of state responses to its obligations towards UAMs. This section presents evidence gathered over a period of time in Beitbridge and Musina that enables me to evaluate the South African state‘s respond to UAMs in Musina and Beitbridge. The outcomes of this research indicate that South Africa has failed to implement international law and the Constitutional, legal and policy frameworks in as far as the rights of migrant UAMs are concerned. The majority of UAMs are from Zimbabwe and they are running away from social, economic and political instabilities in that country. In addition, these children are migrants in their own right and existing research indicates that where children migrate alone, they are particularly vulnerable to exploitative working conditions, violence and denial of basic rights.Page ix
Many children migrated in order to pursue their education as well as to work in order to support themselves and families back home. However, many of the migrant‘s organisations that exist do not specifically address the rights of children or response to their needs. Migrant children‘s ability to satisfy their basic needs is extremely compromised; much of the work is currently done by a few non-governmental organisations and faith based organisations especially with regard to shelter and food provision with very minimal support from the South African government. UAMs have very limited access to government departments and services. The majority of UAMs are crowded in the streets in Musina and others in towns such as Louis Trichardt, Thohoyandou, Dzanini and on farms wherein they fend for their own living and there is no one to cater for their needs. This report concludes by making recommendations for interventions to the South African government for implementing Children‘s rights and strengthening migrant children‘s access to basic rights in South Africa.