Draft immigration law amendments ‘violate rights, unconstitutional’

The recent draft of proposed amendments to immigration laws will deny children born to foreigners the right to a nationality and lead to a dramatic increase in undocumented migrants, an immigration lawyer says.

The proposed amendments are to the Draft Regulations on the Registration of Births And Deaths Act.

The current Act allows children of all nationalities born in South Africa to receive a birth certificate as required by the Constitution. The draft, however, stipulates that children born to foreigners would be issued a “confirmation of birth” certificate instead of a birth certificate.

Immigration lawyer Stefanie de Saude-Darbandi said denying this key requirement to exist in a country was unconstitutional and gave the impression that there was a hidden rationale.

“It makes you question what the real reason behind it is, because when a child is born to foreign parents in the country they will not be granted citizenship, as they are in the US.

“Instead, the birth certificate allows them entry into the population register. If this draft is passed, it means the child would not have a nationality for the rest of their lives and would have a difficult time applying for school and medical aid because the first thing they ask for is your birth certificate. This is a violation of people’s rights.

“I don’t think it will be passed. However, it’s not uncommon for laws that breach the Constitution to be passed. The Constitution states that children have the right to identity and nationality, but if people don’t challenge this draft, it may be passed.”

The window period for public comment closed last Friday.

She said it could also hinder efforts to attract foreign investors to the country because if their children were to be denied nationality, they would not come.

“This is not a good idea on so many levels. Whoever drafted this Bill must have a personal agenda.

“When amendments are proposed, the interests of the public should be considered, but in this case the country will suffer. What benefit is there to strip a child of a birth certificate when it will only make life difficult?”

– jenniffero@citizen.co.za

For more news your way, download The Citizen’s app for iOS and Android.