This chapter explores the challenges faced by migrant children in South Africa through the philosophical lens of ubuntu/vhuthu/botho. In this chapter, the widely used Nguni language version derived from the phrase umuntu ngu muntu nga banye abantu is used, which translates to that “people experience personhood or humanity because of the existence and presence of other people who give them a sense of belonging”. Ubuntu emphasises unity, community, and mutual care. As a socio-legal tool, it has been adopted in South African jurisprudence to promote transformation and justice. This chapter examines two cases of statelessness that demonstrate how colonialism and apartheid have shaped contemporary realities for migrant children, despite the progressive framework of international law, the Constitution of the Republic of South Africa, 1996, and national laws. Statelessness excludes children from nationality and fundamental socio-economic rights such as healthcare and education while exposing them to discrimination, xenophobia, detention and trafficking due to lack of documentation. By advocating for the principles of Ubuntu to underpin legal reform, this chapter argues for a more inclusive and supportive approach to migrant children’s rights. It advocates for legislative policies and practices that prioritise collective well-being and social cohesion, reinforcing South Africa’s constitutional values. Ubuntu provides a transformative framework for addressing statelessness and ensuring migrant children’s dignity, belonging, and protection within the legal system.

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Applying Ubuntu to the Statelessness Crisis: Protecting Migrant Children in South Africa

  • Vhonani Sarah-Jane Neluvhalani-Caquece

摘要

This chapter explores the challenges faced by migrant children in South Africa through the philosophical lens of ubuntu/vhuthu/botho. In this chapter, the widely used Nguni language version derived from the phrase umuntu ngu muntu nga banye abantu is used, which translates to that “people experience personhood or humanity because of the existence and presence of other people who give them a sense of belonging”. Ubuntu emphasises unity, community, and mutual care. As a socio-legal tool, it has been adopted in South African jurisprudence to promote transformation and justice. This chapter examines two cases of statelessness that demonstrate how colonialism and apartheid have shaped contemporary realities for migrant children, despite the progressive framework of international law, the Constitution of the Republic of South Africa, 1996, and national laws. Statelessness excludes children from nationality and fundamental socio-economic rights such as healthcare and education while exposing them to discrimination, xenophobia, detention and trafficking due to lack of documentation. By advocating for the principles of Ubuntu to underpin legal reform, this chapter argues for a more inclusive and supportive approach to migrant children’s rights. It advocates for legislative policies and practices that prioritise collective well-being and social cohesion, reinforcing South Africa’s constitutional values. Ubuntu provides a transformative framework for addressing statelessness and ensuring migrant children’s dignity, belonging, and protection within the legal system.