The Equal Education Law Centre is concerned about the impact that the final White Paper on Citizenship, Immigration and Refugee Protection will have on migrant and undocumented children's rights -- including the right to education.

On 10 April 2024, Cabinet approved the final White Paper on Citizenship, Immigration and Refugee Protection. It was gazetted on 17 April. The document outlines sweeping plans for reform, including increased border monitoring, establishing immigration courts and withdrawing from international and regional human rights instruments.

The Equal Education Law Centre is concerned about the impact that this will have on migrant and undocumented children's rights -- including the right to education.

The white paper refers to the 1951 United Nations Convention on the Status of Refugees and its 1967 Protocol. South Africa acceded to these instruments in 1996, without entering any reservations. But the Department of Home Affairs, at least according to the white paper, appears to have regrets about this.

The white paper states that "South Africa did not make any reservations in respect of the 1951 Convention and 1967 Protocol". The document's explanatory memorandum goes on: "These reservations mainly deal with socio-economic rights such as access to health, education, social welfare, [the] right to work and trade and others. This was a fatal mistake on the part of the government.

"It is not surprising that South African courts developed jurisprudence regarding asylum and refugees which...