Children Moving Across Borders: Equitable Access to Education for Undocumented Migrants in South Africa A doctoral thesis By Sarah Enaan-Maseph Blessed-Sayah Supervised By Dr Dominic Griffiths A thesis submitted to the Wits School of Education, Faculty of Humanities, University of the Witwatersrand in fulfilment of the requirements for the degree of Doctor of Philosophy Johannesburg, September 2023 ii Declaration I declare that this doctoral thesis is my own unaided work. It is being submitted as a fulfilment for the Degree of Doctor of Philosophy at the University of the Witwatersrand, Johannesburg. It has not been submitted before for any other degree, part degree, or examination at this or any other university. Sarah Sayah Sarah E. Blessed-Sayah 8th day of September 2023 iii Copyright Notice The copyright of this thesis vests in the University of the Witwatersrand, Johannesburg, South Africa, in accordance with the University’s Intellectual Property Policy. No portion of the text may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, including analogue and digital media, without prior written permission from the University. Extracts of or quotations from this thesis may, however, be made in terms of Sections 12 and 13 of the South African Copyright Act No. 98 of 1978 (as amended), for non-commercial or educational purposes. Full acknowledgement must be made to the author and the University. An electronic version of this thesis is available on the Library webpage (www.wits.ac.za/library) under “Research Resources”. For permission requests, please contact the University Legal Office or the University Research Office (www.wits.ac.za). http://www.wits.ac.za/library http://www.wits.ac.za/ iv Dedication I dedicate this doctoral thesis to all the undocumented migrant children who reside in different countries across the world, and especially in South Africa. May you find peace and hope! The Bible says: “Speak up for the people who have no voice, For the rights of all the misfits [defenceless]. Speak out for justice! Stand up for the poor and destitute!” (Proverbs 31, Verses 8-9, Message [MSG] Translation) v Acknowledgements From the day I decided to enrol for a doctoral degree, I knew community was going to be a big part of my studying, researching, writing, and presenting. Here, I acknowledge the people who supported me in both big and small ways as I journeyed through my PhD study. First, I am immensely grateful to my Lord and Saviour Jesus Christ for the grace to start and complete my PhD. For I know who I have believed in, and I am persuaded that Jesus is able to keep that which I have committed unto Him against that day! Now to Jesus who is able to do imaginably more than all I ask or imagine… according to His power that is at work within me!! Next, I am thankful to my supervisor, Dr Dominic Griffiths. To say that Dr Griffiths supported me would not quantify what he did for me throughout my study. To begin, his attention to detail in terms of writing helped me refine my own writing. Also, he taught me that PhD supervision does not equal a ‘pot filled with sour soup’. With continued belief in me, Dr Griffiths made sure that I learned and became a confident writer and researcher without any reservations. He was also a mentor and encouraged me through regular meetings and sharing of ideas about my research. To say the least, Dr Griffiths proved to be a seasoned researcher and supervisor. I am proud to have been supervised by him! I am also thankful for my family: my dad, mum, siblings (Opu, Ibo, Degirl, Oyil, Oghare, and Izu), nieces – Ruru and Mega. From the day I started my PhD journey till the day I submitted, you were all there for me, encouraging me and asking me how I was doing and at what stage my work was at different times. To my parents, thank you for all the prayers and for cheering me all the way. My nieces, seeing your pictures always melted my heart, and thinking about you made me write faster! I love you all. I acknowledge the management and staff of the Roman Catholic Christian Mission NGO that works steadfastly in Johannesburg, South Africa to bridge the educational gap for undocumented migrant children and their parents within the country. I am also thankful to all those who participated in my study. Before and along the way, I met amazing people who became friends. Thank you to Limakatso Seeko for all the mini travels; those kept me going. Thank you to Dr Wacango Kimani (for vi driving me home, being a good office neighbour, and being one of the critical readers of my work); Larry Onokpite (for encouraging me); Tobi Dayo-Olupona (for friendship). I am also grateful to Ameeta Merhoye for being a friend; I appreciate the homemade breakfasts, lunches, and dinners. Thank you for also listening to all my ‘stories’ even when they did not concern you. I also thank Janet Ditlopo for encouraging me. Many thanks too to Assistant Prof Edna Bosire for showing me the perks of qualitative research. I am grateful to Dr Beatrice Akala for being one of my critical readers and being my big sister. Thank you too, Rashad Bagus; your belief in me means a lot! I am also thankful for the Human Development and Capability Association (HDCA). Beyond providing a platform to engage with capability scholars, the HDCA gave me the opportunity to meet other PhD candidates who encouraged me all the way. I acknowledge the role of the Wits School of Education Writing Centre throughout my PhD journey. Thank you to Prof Laura Dison for all the opportunities to present in, and outside, of Wits University; thank you to Ms Esme Redfern for always checking on and encouraging me. Thank you to Ms Cathrine Monyane and Ms Matsie Mabeta for the administrative work that you did to ensure my journey was smooth. vii Preface The drive to embark on this study began as a moral hurt. This hurt was birth out of the realisation that children born to undocumented migrants1 in South Africa consistently experience difficulty in accessing education because of their legal status in the country. As part of my master’s degree, I realised the injustice of this lack of access was deeply rooted in issues that required attention but, had been ignored to a large extent. My master’s degree research project explored a psychosocial perspective on school readiness for migrant children. I investigated the psychological and social factors that have an impact on migrant children’s readiness for school in the Krugersdorp area of Johannesburg, South Africa. From the interview sessions conducted for that study, I found that there were children who were in more difficult situations in terms of being prepared for formal schooling because of their lack of legal documentation. I realised that beyond the problem of being psychologically and socially prepared to begin formal schooling in South Africa, another significant hardship they experience is gaining access into schools, as they do not have documentation. This difficulty expressed a lack of equitable schooling opportunity for migrant children without the expected paperwork. The right of these vulnerable undocumented migrant children in South Africa to access education is thus ignored and they are not given a fair chance to do so. This problem of access to education is mostly left unexplained as ‘equity and quality for all’ in treaties – agreements among several nations – regardless of one’s legal status (United Nations, 2015). However, most studies that focus on access do not explain access from the viewpoint of equity (e.g., Gaum, 2017; Vandenhole et al., 2011; Washinyira, 2021; Willie & Mfubu, 2016). Also, in policy documents, legal frameworks and supra-national understandings, the meaning of equity is left open to superficial interpretations because no in-depth explanation of the concept is given in the various documents. Although equity has been silently ignored, its exploration and elaboration would highlight the way forward in terms of ensuring access to education for children without legal documentation in South Africa. This means that understanding what equity represents and how it can be explained within the given context cannot be overemphasised. So, beyond the moral hurt that I felt, I realised that an epistemological gap 1 Children born to undocumented migrants are also referred to as undocumented migrant children in this study. These are children who were born in South Africa to migrants without legal documentation or any legal status in the country. viii exists in finding ways to ensure equitable access to education for undocumented migrant children in South Africa. This background shaped my interest on how undocumented migrant children can access education in an equitable way in South Africa, and so, the research area for my PhD study. An opportunity to pursue research in this area presented itself as I thought critically about how the issues presented above could be researched. Moreover, being originally from the Western region of Africa, I knew I had to forge ahead in thinking about ways through which these group of children can be granted equitable access to education, regardless of their legal status in the country. Upon sharing the idea in mind with my supervisor – Dr Dominic Griffiths – it became clearer that this was going to be a worthwhile study. This study was timeous because of the rapid increase in the movement of children, from other African countries to South Africa (being a better economy on the continent) that continued to be reported. Also, I became aware of the fact that a problem that compounds the problem of access to education is the uncertainty in the meaning of ‘equitable education’ as policy documents do not explain, in clear terms, what equity means (Unterhalter, 2009). More so, knowing that South Africa aims to achieve quality and equitable education for all, in alignment with the United Nation’s sustainable developmental goal (SDG) 4 (see United Nations [UN], 2015), I knew this study would contribute to the planned development of an integrative framework to ensure equitable access to education for a vulnerable group of children within the country and other similar contexts. I also hope that this study places South Africa at the forefront of upholding the educational rights of all children within the African continent. ix Abstract South Africa is experiencing an increase in intra-regional migration, and the management of migration in the country is increasingly becoming highly securitised. Individuals who move intra-regionally across borders include children – accompanied by parents or caretakers, unaccompanied, and those seeking refuge because of untenable and oppressive circumstances in their home country. Also, individuals who move to South Africa without legal documentation often give birth to children within the State, who are then undocumented. Without documentation, these children cannot access education, which means that achieving their educational right becomes impossible. This happens partly because of legal contradictions that exist in immigration and education policy frameworks. For instance, the Bill of Rights, as contained in Section 29(1)(a) of the Constitution of South Africa (The Constitution of the Republic of South Africa No. 108, 1996), states that everyone has the right to basic education, and further states in subsection 2 that the State (being South Africa) is obligated to respect this right. Additionally, the South African Schools Act 84 of 1996 (Republic of South Africa, 1996) states that public schools are obliged to admit children without any form of discrimination on any grounds. However, the Immigration Act No 13 of 2002 states that no ‘illegal foreigner’ should be allowed on the premises of any learning institution (Republic of South Africa The Presidency, 2002). Thus, the question remains whether undocumented migrant children are included in the ‘all’ or ‘every’ because of existing legal contradictions between the Constitution and the Immigration Policy. Furthermore, the need to consider how the educational right of undocumented migrant children is upheld comes from the evident nationalist view on migration in South Africa, which is projected through government, and in local communities. Although some studies have evaluated the extent to which this right is protected or ensured, and others have considered the barriers to exercising the right to education in South Africa, only a few specifically focus on the right of undocumented migrant children to equitable education, and strategies to ensure its fulfilment. Thus, an explanation of equitable access to education in South Africa entails developing an approach for understanding undocumented migrant children’s educational experience, because this approach would provide a platform to achieve workable ways to ensure the fulfilment of their right to basic education. This research explores the difficulties undocumented migrant children experience in relation to education. Given this, an explanation regarding access to education for undocumented migrant children, from an equity viewpoint in South Africa, is developed. Thus, this study had three major aims. Firstly, to develop an x understanding of equity in relation to access to education. Secondly, to investigate the impact (problems) of migration on undocumented migrant children in relation to equitable access to education in South Africa. Thirdly, to develop strategies that can ensure that these undocumented migrant children have their right to basic education protected in South Africa. Using the capability approach combined with Unterhalter’s (2009) description of equity as a three-fold concept as the study’s conceptual framework, I argue that ensuring equitable access to education for undocumented migrant children in South Africa requires an integrated approach, which goes beyond top-down strategies and highlights the role of agency. Each finding under the study’s objectives serves as evidence that support my overall argument for an integrated approach. A qualitative research design, from an interpretivist phenomenological lens provided me with the opportunity to carefully interact and bring forward the contextualised lived experiences of undocumented migrant children. This brought about an in-depth description of equitable access to education for them. The study was conducted with an NGO working with undocumented migrant children in the eastern region of the Johannesburg area in the Gauteng province of South Africa. The criterion used for selecting participants was based on the fact that the Project staff members, children who attend the Project, and their parents understand the social environment in which the children reside. They were able to give detailed and in-depth explanations on the impact of migration on their access to education, in an equitable manner. Gauteng Department of Education (GDE) officials who deal with undocumented migrant children, and South African Human Rights Commission (SAHRC) staff who deal with education also understand the impact of migration on these children’s chance to equitably access education and were included in the study. A total of 45 participants who were conveniently selected, based on the inclusion criteria, made up the sample size. Nineteen undocumented migrant children (n=19), eleven parents of undocumented migrant children (n=11), and fifteen professionals participated in this study (n=15). I served as the primary tool for data collection while employing different qualitative methods, including individual semi- structured interviews and focus group discussions. The method of data analysis I used for this study included an inductive and deductive approach using the NVivo QSR 12 software. From this method of data analysis, I identified three key themes relating to the specific objectives of the study. xi Objective 1: I found that undocumented migrant children, their parents, and professionals who deal with this group of children perceive equity to mean ‘the opportunity to thrive’ and ‘fairness’. In addition, under the first objective, it was found that equitable access to education is closely linked to being able to attend schools. While the undocumented migrant children described this in terms of the right to attend school and learn educational skills, the parent and professional participants explained it as a fundamental human right which should not be constrained by one’s legal status in South Africa. Along this line, it was also revealed that equitable access to education is important for various reasons including access to other services; capabilities, functioning, and the platform to achieve other human rights; and the avoidance of social ills. In all, equitable access to education strongly supports the human dignity of undocumented migrant children. Objective 2: Under objective two, I found that the impact of migration to South Africa, as it concerns equitable access to education for undocumented migrant children, was negative. Various problems faced by these children were identified. Firstly, the overarching problem was the lack of documentation which affects the opportunity for undocumented migrant children to equitably access school. This lack of documentation includes the non-issuance of proper birth certificates and so, the non-registration of the births of these children; and the fear of going to renew or apply for permits at the South African Department of Home Affairs (DHA) because of fear of police arrest. Secondly, the problem of continued discrimination, and xenophobic attacks and attitudes was also experienced by undocumented migrant children and their parents. These attacks affected their chance to access education. Thirdly, the lack of access to basic services presented itself as a difficulty which affects the opportunity to access schools, in an equitable way. Fourth, policy gaps, including ambiguities and non-implementation of recent court judgments, also served as problems which affect access to education for these children. Lastly, Covid-19 and the effects of the pandemic further compounded already existing difficulties undocumented migrant children face concerning their equitable access to education. Objective 3: The study revealed that strategies to address the problems experienced by undocumented migrant children include government-level, community-level, and individual-level strategies, and a combined, planned approach (integrated approach). Under government-level strategies, xii it was found that undocumented migrant children need to be issued birth certificates with identification or registration numbers and so, be appropriately registered at birth. Existing policies about education and immigration also need to be revised, and recent court judgments like the Phakamisa Judgment must be implemented. Also, stakeholders must be trained to ensure the proper implementation, monitoring, and evaluation of policies and recent judgments on equitable access to education for undocumented migrant children. As part of community- level strategies more assistance from NGOs, who bridge educational gaps for undocumented migrant children, would be useful in ensuring undocumented migrant children get educated. Individually, promoting social cohesion between migrants and non-migrants was highlighted. Also, parents of the identified children were encouraged to acquire documentation for their children. However, these different levels, on their own, are not sufficient to ensure equitable access to education. Thus, this study advocates an integrated approach to addressing the problems experienced by undocumented migrant children and their parents, regarding their children’s equitable access to education. Supporting this, the professionals interviewed recommend that all levels of society need to work together, in an organised way, to achieve access to education for the identified group of children. Also, the role of the agency and a bottom-up approach to ensuring access to education in an equitable way were highlighted through the integrated approach. Based on the findings, I argue that the various strategies identified require an integrated approach (for thinking and doing), which includes recognising the agency (individually and collectively) of undocumented migrant children. This approach draws on both top-down and bottom-up approaches with the significant roles of policy implementation, monitoring, and evaluation as well as agency (in both individual and collective forms) highlighted. Important is that this integrated approach (for thinking and doing) will be based on a thorough knowledge of the context. The findings thus serve as supporting empirical evidence for the overall thesis which is that to ensure equitable access to education is achieved, equity must be explained in detail, as a multi-faceted notion, and combined with the capability approach, which allows us to identify and interrogate specific structural limitations. Key words: undocumented migrant children; Migration; Capability Approach; Equity; Education; Equitable Access; South Africa xiii Table of Contents Declaration .................................................................................................................................ii Acknowledgements .................................................................................................................... v Preface .....................................................................................................................................vii Abstract ..................................................................................................................................... ix Table of Contents ................................................................................................................... xiii List of figures .......................................................................................................................... xix List of tables ............................................................................................................................ xix INTRODUCTION AND BACKGROUND TO THE STUDY ................................................. 1 Context of the study: A general background to the study .......................................................... 1 Statement of the problem and justification ................................................................................ 3 Objectives of the study............................................................................................................... 7 Research questions ..................................................................................................................... 7 The overall argument ................................................................................................................. 7 Definition of key terms .............................................................................................................. 8 Overview and structure of the thesis .......................................................................................... 8 CHAPTER ONE: LITERATURE REVIEW ........................................................................... 11 1.1 Views on migration ...................................................................................................... 11 1.1.1 Nationalist view on migration .................................................................................. 12 1.1.2 Globalist view on migration..................................................................................... 13 1.1.3 Federalist view on migration ................................................................................... 14 1.1.4 Ethical view on migration ........................................................................................ 15 xiv 1.2 Migration in the Global North and Global South: Examples from Europe and Africa15 1.2.1 The EU and migration .............................................................................................. 16 1.2.2 Africa and migration ................................................................................................ 17 1.3 South Africa’s view on migration ................................................................................ 19 1.4 Legislations and policies on migration and the right to basic education ..................... 22 1.5 The Phakamisa Judgment ............................................................................................ 31 1.6 Factors affecting equitable access to education ........................................................... 34 1.6.1 Legitimate barriers to admission .............................................................................. 35 1.6.2 Poverty ..................................................................................................................... 35 1.6.3 Discrimination and xenophobia ............................................................................... 36 1.7 The Covid-19 pandemic: A new complication ............................................................ 37 1.8 Equity: Its etymology and philosophical viewpoints ................................................... 41 1.9 Equity in education ...................................................................................................... 43 1.10 Strategies for ensuring equitable access to education for undocumented migrant children .................................................................................................................................... 44 1.10.1 Integrate ............................................................................................................... 45 1.10.2 Invest .................................................................................................................... 45 1.10.3 Strengthen ............................................................................................................ 45 1.10.4 Engage.................................................................................................................. 46 1.10.5 Co-create .............................................................................................................. 46 1.10.6 Seek ...................................................................................................................... 47 1.11 Summary of literature review ...................................................................................... 47 CHAPTER TWO: CONCEPTUAL FRAMEWORK .............................................................. 49 2.1 The three forms of equity in education ........................................................................ 49 xv 2.2 Capability approach ..................................................................................................... 52 2.2.1 Functionings and capabilities ................................................................................... 53 2.2.2 Agency ..................................................................................................................... 54 2.2.3 The capability approach within education ............................................................... 55 2.2.4 Rawls and Sen: Beyond social justice ..................................................................... 56 2.2.5 Kant and Sen: ........................................................................................................... 58 2.3 The study’s conceptual framework .............................................................................. 60 2.3.1 Functionings and equity from the bottom: ........................................................... 61 2.3.2 Capabilities and equity from the top and middle: ................................................ 61 2.3.3 Agency and equity from the bottom: ................................................................... 62 2.3.4 Relevance of the forms of equity and the capability approach to equitable access to education for undocumented migrant children in South Africa: ................................. 62 CHAPTER THREE: RESEARCH METHODS ...................................................................... 65 3.1 Research philosophy .................................................................................................... 65 3.2 Study design ................................................................................................................. 67 3.2.1 Relevance of a qualitative approach to the study..................................................... 68 3.3 Study setting................................................................................................................. 70 3.3.1 Overview of Johannesburg/ Hillbrow/ Yeoville ...................................................... 70 3.3.2 Bridge Option Project .............................................................................................. 70 3.4 Sampling strategy and sample size .............................................................................. 71 3.5 Socio-demographic characteristics of the study’s participants .................................... 73 3.5.1 The undocumented migrant children ....................................................................... 73 3.5.2 Parents of undocumented migrant children ............................................................. 75 3.5.3 The professionals ..................................................................................................... 77 3.6 Data collection process ................................................................................................ 79 xvi 3.6.1 Semi-structured interviews – For professionals ....................................................... 80 3.6.2 Observations and interview techniques: For parents and undocumented migrant children ................................................................................................................................ 80 3.7 Data analysis ................................................................................................................ 83 3.8 Data quality checks ...................................................................................................... 84 3.9 Ethical considerations .................................................................................................. 86 3.9.1 Institutional endorsement ......................................................................................... 86 3.9.2 Informed consent ..................................................................................................... 86 3.9.3 Privacy, confidentiality, and anonymity .................................................................. 88 3.10 Reflexivity and positionality ........................................................................................ 88 CHAPTER FOUR: THE MEANING OF EQUITY AND THE RIGHT TO EDUCATION: FINDINGS, ANALYSIS, AND DISCUSSION ...................................................................... 93 4.1 Findings, analysis, and discussions: Objective one ..................................................... 94 4.1.1 The meaning of equity, the right to education and its importance............................... 95 4.1.1.1 What equity means ............................................................................................... 95 4.1.1.2 Access to education and its importance ............................................................. 110 CHAPTER FIVE: THE PROBLEMS UNDOCUMENTED MIGRANT CHILDREN AND THEIR PARENTS EXPERIENCE: FINDINGS, ANALYSIS, AND DISCUSSIONS........ 134 5.1 Problems undocumented migrant children face in relation to their equitable access to education ................................................................................................................................ 136 5.1.1 Documentation problems: “No paper, no rights!” – A conundrum ................... 137 5.1.2 A cliché? Discrimination and xenophobia: “As long as you are not from here, just go back home!” .............................................................................................................. 143 5.1.3 “Don’t use our things” – A confusion and lack of respect for human dignity... 152 5.1.4 Policy gaps ......................................................................................................... 160 5.1.5 The Covid-19 pandemic and its effects: A new and complicating factor .......... 165 xvii CHAPTER SIX: STRATEGIES TO ENSURE EQUITABLE ACCESS TO EDUCATION FOR UNDOCUMENTED MIGRANT CHILDREN IN SOUTH AFRICA: FINDINGS, ANALYSIS, AND DISCUSSION......................................................................................... 172 6.1 Strategies for ensuring undocumented migrant children’s access education in an equitable way ......................................................................................................................... 174 6.1.1 Government-level strategies .................................................................................. 175 6.1.2 Reason to move beyond government-level strategies ............................................ 191 6.1.3 Community-level strategies ................................................................................... 191 6.1.4 Community-level strategies and raising notions a collective kind of agency ........ 199 6.1.5 Individual-level strategies ...................................................................................... 200 6.1.6 Beyond individual-level strategies ......................................................................... 203 6.1.7 Combined and planned approach: An integrated approach ................................... 204 6.1.8 What is required: A combined and planned approach (An integrated approach) .. 206 CHAPTER SEVEN: AN INTEGRATED DISCUSSION AND CONCLUSION ................ 209 7.1 Objectives and findings.............................................................................................. 209 7.2 Integrated discussion .................................................................................................. 212 7.3 Overall thesis and the study’s contribution ................................................................ 214 7.4 Reflecting on the study’s conceptual framework....................................................... 216 7.5 Limitations of the study ............................................................................................. 220 7.6 Recommendations ...................................................................................................... 221 REFERENCES ...................................................................................................................... 225 Appendixes ............................................................................................................................ 242 Appendix A: Approval of Doctoral research proposal ...................................................... 242 Appendix B: University of the Witwatersrand research ethics clearance .......................... 243 Appendix C: Gauteng Department of Education (GDE) ethics clearance certificate ........ 244 xviii Appendix D: Permission letter for the Bridge Option Project ........................................... 245 Appendix E: Information sheet for undocumented migrant children ................................ 247 Appendix F: Consent form from parents for undocumented migrant children ................. 249 Appendix G: Assent form for undocumented migrant children ........................................ 249 Appendix H: Focus Group Discussion (FGD) guide for undocumented migrant children250 Appendix I: Information sheet for parents ......................................................................... 252 Appendix J: Consent form for parents ............................................................................... 253 Appendix K: Semi-structured interview guide for parents participants ............................ 254 Appendix L: Information sheet for professionals .............................................................. 256 Appendix M: Consent form for professionals ................................................................... 257 Appendix N: Semi-structured interview guide for professional participants .................... 258 Appendix O: A few copied pages from my field notebook ............................................... 259 xix List of figures Figure 2.1: Conceptual framework for the study adapted from the works of Sen (1999); Robeyns (2017); Unterhalter (2009) and Marginsson, (2011)................................................. 63 Figure 3.1: Map of Johannesburg adapted from Google images adapted from Southern Domain Online Travel Guides, n.d. ....................................................................................................... 70 Figure 3.2: Worksheet completed by one of the children at the Project. ................................. 82 Figure 3.3: An unabridged birth certificate, notice how the ID number for the child is crossed through. .................................................................................................................................... 83 Figure 3.4: Admission application form filled by a parent to enroll her child at a public school. .................................................................................................................................................. 83 Figure 3.5: A parent who allowed me to get a photograph with her. ...................................... 91 Figure 3.6: A traditional Congolese food offered to me during a home visit. ......................... 91 Figure 7.1: An updated conceptual framework (Source: the researcher, 2022) .................... 218 List of tables Table 1.1: Treaties, legislations, policies on immigration and education – Lifted directly from the published documents in July 2021. .................................................................................... 28 Table 3.1: Features of a phenomenological approach to qualitative research ......................... 69 Table 3.2: Study participants ................................................................................................... 73 Table 3.3: Socio-demographic characteristics of the undocumented migrant children ........... 75 Table 3.4: Socio-demographic characteristics of parents of undocumented migrant children .. .................................................................................................................................................. 77 Table 3.5: Socio-demographic characteristics of the professional participants ....................... 79 Table 4.1: Summary of the findings under objective one ........................................................ 94 Table 5.1: Summary of the findings under objective two ...................................................... 135 Table 6.1: Summary of the findings under objective three .................................................... 173 Table 7.1: Summary of the study objectives and the central findings under each objective . 210 xx List of abbreviations The following abbreviations have been used throughout this thesis. Abbreviation Meaning AU African Union DBE The South African Department of Basic Education DHA The South African Department of Home Affairs EU European Union FGD Focus Group Discussion GDE Gauteng Department of Education IOM The International Organisation for Migration NGOs Non-Government Organisations OAU Organisation of African Union OECD Organisation of Economic Cooperation and Development OHCHR United Nations Human Rights Office of the High Commissioner SAHRC South African Human Rights Commission UN United Nations UNDP United Nations Development Programme UNESCO United Nations Educational, Scientific and Cultural Organisation UNHCR United Nations High Commissioner for Refugees UNICEF United Nations Children’s Fund 1 INTRODUCTION AND BACKGROUND TO THE STUDY This introduction sets the context for the fundamental issues of this study and the thesis. These issues include what equity means, how we can think about a broad but detailed meaning of equity for the achievement of the right to education for an identified group of children, and what must be done to implement this detailed meaning of equity in educational terms. Along this line, here I include the study’s background, statement of the problem and justification for the study. I also highlight the main and specific aims of the study. The research question and sub-questions are also presented, as well as my overall argument. The introduction to the study ends with the definition of key terms used throughout the thesis, as well as an overview of the structure of the thesis. Context of the study: A general background to the study Over the past decades, international migration has increased because of economic and political instability, war and insecurity, climate change, and these result in increasing globalisation (Bauman, 2013; BenDavid-Hadar, 2017; de Haas et al., 2020; Guo, 2013; Sime, 2018). Globalisation refers to “the widening, deepening, and speeding up of worldwide interconnectedness in all aspects of contemporary social life” (Held et al., 1999 as cited in de Haas et al., 2020, p. 50). Also, the United Nations (UN), through the Sustainable Developmental Goals (SDGs) for 2030 (United Nations [UN], 2015), recognises the significance of globalisation because of migration across countries. This increase in international migration brings with it the need to provide for those who move across country borders to ensure the advancement of basic human rights. Sub-Saharan African countries are not left out of the increase in international migration (Gonzalez-Garcia et al., 2016; Mlambo, 2018) and intra-regional migration (Bank, 2019). Therefore, the requirement to ensure that the rights of those who move are upheld has become important for human rights (Hart & Brando, 2018; Sen, 1999) in these countries. South Africa especially is experiencing an increase in this intra-regional migration, and the management of migration within the Southern African region is increasingly becoming securitised (Blessed-Sayah & Griffiths, 2023; Ilgit & Klotz, 2014). Securitisation here refers to speech acts “through which an intersubjective understanding is constructed within a political community to treat something as an existential threat to a valued referent object, and to enable a call for urgent and exceptional measures to deal with the threat” (Buzan & Wæver, 2003, p. 2 491). These speech acts translate into physical, harmful acts because extreme countermeasures must be taken to ‘secure’ the political community. It means that in the South African context, through the actionable words spoken by political elites and those in authority (local or national), threats are put forward which depict immigrants as ‘problems’ and security threats to the well- being of the country. This heightened securitisation occurs regardless of calls for no one to be ignored in relation to human rights (de Gruchy & Vearey, 2021; Manji et al., 2023). Unfortunately, in South Africa, the need to include and absorb ‘other nationals’ (Bauman, 2013; Rodriguez, 2018) in the general South African economy, and to use already scarce resources including schools and healthcare services, creates a dilemma regarding the rights of all to basic amenities. Individuals who move intra-regionally across borders include children – accompanied by parents or caretakers, unaccompanied, and those seeking refuge because of untenable and oppressive circumstances in their home country. Basic rights, especially for the child, include the rights to non-discrimination on any ground, and education, which is not limited to legal status. These rights are acknowledged by the 4th Sustainable Developmental Goal (SDG) by the UN. The goal is that by 2030 all children will have equal access to education, including children in vulnerable situations, and they should have acquired the skills required to promote global citizenship, and the appreciation of cultural diversity (United Nations [UN], 2015). In keeping with these targets, and other international treaties on the right to education, countries, including South Africa, have also set policies that stipulate the right of all children to education. On a global scale, Section 26 of the Universal Declaration of Human Rights declares that everyone has the right to education (United Nations General Assembly, 1948). At a national level, the Bill of Rights, as contained in Section 29(1)(a) of the Constitution of South Africa (The Constitution of the Republic of South Africa No. 108, 1996), states that everyone has the right to basic education, and further states in its subsection 2 that the state (being South Africa) is obligated to respect this mentioned right. Additionally, the South African Schools Act 84 of 1996 (Republic of South Africa, 1996) states that public schools are obliged to admit children without any form of discrimination on any grounds. Despite the above however, the affirmation that a right as fundamental as education be completely universalised, is seemingly impossible (Rodriguez, 2019). This is a problem because legal contradictions exist in policy frameworks regarding the definition of all or every child(ren), and everyone (as expressed in the Bill of Rights) in terms of the right to education. 3 The question thus remains whether undocumented migrant children are included in the ‘all’ or ‘every’ because in the South African Immigration Policy, they are referred to as ‘illegal foreigners’ (Republic of South Africa The Presidency, 2002). In the South African context, where contradictions exist between the right to basic education, and being an undocumented child, public service providers get confused regarding the rights of these children, and their access to education (Palmary, 2009). There is limited literature about the equitable access to education of undocumented migrant children in South Africa. This is partly because of historical and political structures and events, including the incessant xenophobic attacks on foreign nationals (Chingwete, 2016) as well as the gatekeeping strategy of schools (Crush & Tawodzera, 2011, 2014). Another problem that compounds the problem of access to education is the uncertainty in the meaning of ‘equitable education’ as policy documents do not explain, in clear terms, what equity means (Unterhalter, 2009). Part of this study considers the meaning and implementation of equitable access to education, specifically for undocumented migrant children within South Africa. This is based on understanding how ‘equitable access to education’ is construed, and how the implied meaning results in barriers for migrant children in accessing their right to education. Statement of the problem and justification The increase in child migrants (accompanied and unaccompanied, refugee, asylum-seekers) into South Africa has made it important to understand how the rights of these children are protected. For clarity a migrant child is anyone under the age of 18 who has moved across an international border, regardless of the reason for the move and his or her legal status. An undocumented migrant child is thus any child who has moved across international borders into South Africa without legal documentation or any child who was born by migrants in South Africa without legal documentation. The need to consider how the rights of migrant children, especially undocumented ones, are upheld is drawn from the noticeable nationalist understanding on migration within the country, which is projected through the government, and within local communities (Neocosmos, 2010; Palmary, 2018). The nationalist view understands migration as a constant threat to the safety of a nation (Gans, 1998; Jordan & Düvell, 2003). However, although some studies (Aglotsson & Klaaren, 2018) have evaluated the extent to which these rights are protected or ensured, and also barriers to the exercise of these rights within South Africa, only a few (Baatjes et al., 2012; Crush & Tawodzera, 2014) focus specifically on the right of undocumented migrant children to equitable education, and strategies to ensure its fulfilment. Other studies focus on access to higher education (Ashwin 4 & Case, 2018), refugee children, and legal frameworks for the contradiction or confusion regarding the establishment of the right to access education (Palmary, 2009). This study focuses on explaining what access to education means through the lens of equity; it also highlights the strategies that can be implemented to address the various problems faced by undocumented migrant children in relation to their equitable access to education. Furthermore, the definition of ‘migrant child’ and their rights are often confused with refugee and asylum-seekers within South African (Crush & Peberdy, 2018; Palmary, 2009). This confusion stems from an underlying contradiction in legal frameworks. The South African Schools Act 84 of 1996 (Republic of South Africa, 1996) as well as the Bill of Rights – as contained in the South African Constitution (The Constitution of the Republic of South Africa No. 108, 1996) stipulate the right of all children to education. However, these contradict the South African Immigration Act No. 13 of 2002 (Crush & Tawodzera, 2011). The Act states that instruction by a learning institution to an ‘illegal foreigner’ is an offence. Moreover, the Immigration Act No. 13 of 2002 (Republic of South Africa The Presidency, 2002) stipulates that any illegal foreigner found on the premises of a learning institution will be presumed to be receiving instruction and by implication, has committed an offence. Arguably, the use of the term ‘illegal’ serves to dehumanise others (Nelson & Davis-Wiley, 2018). Although words including ‘illegal’ and ‘undocumented’ when used to refer to human beings serve as a form of exclusion, especially in terms of rights (Chomsky, 2014), the word ‘illegal’ when used alongside migrant or immigrant often implies criminality (Nelson & Davis-Wiley, 2018). Hence, this study uses the term ‘undocumented’. The use of the term stems from my perspective and standpoint as a researcher which relates strongly to a human right, ethical discourse which I believe takes precedence over a nationalist discourse. I argue that, regardless of one’s legal status, each human being has a right to human dignity and should be treated accordingly (United Nations General Assembly, 1948). This dignity is understood as going beyond showing respect for others. So, Brownsword (2021) argues that: I am not sure that I have any good reason to resist the proposal that human dignity should speak to the context for both self-interested and other-regarding agency, for self-development as well as for moral development. Moreover, if we conceive of human dignity in that broader sense, human dignity becomes a much more potent critical idea in relation to a state’s treatment of migrants. (p. 23) The policy contradictions make it unclear what and who ‘all’ represents in the category of children within the Bill of Rights, and which of the different groups of non-South African 5 children are allowed access to education. Hence, even though reports (Statistics South Africa, 2017a) state that a large percentage of children in South Africa have access to education, undocumented migrant children are left out of this number, due to admission barriers (South African Human Rights Commission, 2019). Admission barriers refer to requirements that prevent these children from entering school. Also, the few studies that focus on the migrant child’s access to education pay more attention to what policy documents stipulate (Mahmoudi & Mothapo, 2018; Willie & Mfubu, 2016) and the barriers to admission into schools (Crush & Tawodzera, 2014) in South Africa, rather than developing frameworks to ensure equitable access for these children. In addition to the contradiction, an understanding of what equitable access means is lacking in the literature. However, there is an emphasis on equity which is reflected across the targets included within the scope of the 4th SDG for 2030. The goal seeks to ensure inclusive and equitable quality education and promote lifelong learning opportunities for all (United Nations, 2015). It is, therefore, important that educational research considers specific situational experiences to move beyond general expectations for this goal to be fully achieved and to develop a better understanding of equity (Lehtomäki et al., 2014). The need to consider equity is also noted by Moskal and North (2017) who argue that little attention has been paid to this within the educational experiences of migrants. Unterhalter (2009) also highlights the recurrent and vague use of the term ‘equity’ in different policy documents. For example, although the SDG 4 target focuses on equitable and quality education, the meaning of equity is left unexplained. This target is to “trigger investment in robust national monitoring mechanisms of education equity” and regarding migration, “education systems need to be inclusive and fulfil the commitment to equity, which cuts across the 2030 Agenda” (UNESCO Global Monitoring Report [2019], 2018, p. 4). At an individual level, equity, in terms of access to education, is expressed by McCowan (2013) as the fostering of agency and understanding. Agency “involves the freedom of individuals to pursue their life goals” and understanding refers “to curiosity about and interest in the world, making possible the pursuit of an ever-deeper grasp of the nature of things” (McCowan, 2013, p. 63). Thus, an explanation of equitable access to education in South Africa would entail developing strategies for undocumented migrant children’s educational experience because it would provide a platform to achieve workable ways to ensure fulfilment of the right to basic education. According to Moskal and North (2017), the successful integration and development of migrant children into society proves the success of educational policies and systems. This success is one which stands against 6 nationalist, anti-migrant perspectives. Moskal and North (2017) also note that, to ensure access to education in relation to equity, as targeted by the UN, engagement with the three forms of equity namely equity from the top, middle, and below, is required (Unterhalter, 2009). Also required is the importance of paying attention to policy, and the way that education systems are structured. Furthermore, listening to, and learning from teachers, and migrant children, is necessary to ensure equitable access to education (Moskal & North, 2017). However, only conceptual studies by McCowan (2016) and Unterhalter (2009) have paid attention to educational equity as an avenue for understanding what access to education implies for migrant children in South Africa. A few others, including McCowan (2016) and Moskal and North (2017), have explored the issue of equity in education as it relates to migrant children’s access to education in other countries. There are no studies that focus on what enables or prevents accessing education with ‘equitable’ chances, that concerns undocumented migrant children in South Africa. This also means that little attention is paid to what access means, and an approach for drafting strategies to ensure equitable access for undocumented migrant children is absent (Rodriguez, 2019). In line with the aforementioned, this study had three major aims. Firstly, to develop an understanding of equity in relation to access to education. Secondly, to understand the impact of migration on undocumented migrant children in relation to equitable access to education, and thirdly, to develop strategies that can ensure that these undocumented migrant children have their right to basic education protected. These aims would bring about the development of an approach for explaining access to basic education for undocumented migrant children in South Africa. A qualitative research design from a phenomenological lens provided me with the opportunity to carefully interact with and develop a contextualised understanding of equity as well as the lived experiences of undocumented migrant children. This allowed the development of a better understanding of equitable access to education for them. Methodologically, this study has engaged with participants through their lived experiences to gain an understanding of the opportunities and problems that have an impact on their equitable access to education in South Africa. Theoretically, this study allowed for the development of an approach to explain equitable access to education by combining the capability approach (Sen, 1999) with Unterhalter’s (2009) description of equity. In all, while this study focuses on undocumented migrant children, its contribution lies in bringing together a more nuanced notion of equity which I argue, should be combined with key concepts from the capability approach in a way 7 that can inform policy. So, while there remains an epistemological contribution, the empirical data collected (which are discussed in chapters 4, 5, and 6) support my central argument. Objectives of the study This research aims to explore the opportunities and problems undocumented migrant children experience in relation to education. With this, an explanation regarding equitable access to education for undocumented migrant children in South Africa is developed. Following this broad aim, in specific terms, the study: • Explores what undocumented migrant children and their parents, NGOs and government officials who deal with these children understand as equitable access to education in South Africa. • Investigates the impact (problems) of migration on undocumented migrant children in relation to equitable access to education in South Africa. • Develops strategies that can be used to address the problems of migration on the undocumented migrant children’s equitable access to education in South Africa. Research questions To meet the aims of this study, the main question is: What strategies (policy-based, at government and school level) can be put in place to address the problems of migration that undocumented migrant children experience in relation to their equitable access to education in South Africa? Sub-questions • What is the perception of undocumented migrant children and their parents, NGOs and government officials who deal with undocumented migrant children on the access to education in relation to equity? • What impact (problems) does migration to South Africa have on the undocumented migrant children’s equitable access to education? • What strategies can be developed to address the problems experienced in relation to these children’s equitable access to education? The overall argument The overall argument that I make in this study is that, to ensure equitable access to education is achieved in South Africa for undocumented migrant children, there must be an explanation of equity from a multi-faceted perspective combined with key concepts from the capability 8 approach. It is on this position that I base my study objectives and research questions. From this argument, the contribution of this study is two-fold. First, the study develops an integrated approach that should be considered for policy making and reform. Second, the study contributes evidence to support the need for contextualised and realistic solutions to be considered for achieving equitable access to education. So, throughout this thesis, every chapter, and each objective and sub-research-question serves as empirical evidence to support my overall argument. Definition of key terms The meanings here are drawn from already existing definitions of the terms in extant literature. Capability Approach A framework which can be used to evaluate a range of values that draw on an assessment of people’s wellbeing, such as inequality, poverty, changes in the wellbeing of persons or the average wellbeing of the members of a group (Robeyns, 2017, p. 26). Migrant Child Anyone under the age of 18 who has moved across an international border, regardless of the reason for the move and his or her legal status. Undocumented Migrant Child Anyone under the age of 18 who has moved across an international border, regardless of the reason and does not have legal documentation for the country he or she resides. It also describes anyone who was born in South Africa to migrant parents and are without legal documentation. While those who are born in South Africa may be referred to as ‘children born to undocumented migrants’, in this study, I call them ‘undocumented migrant children’. Phenomenology A scientific study of the appearance of things, of phenomena just as we see them and as they appear to us in consciousness. In essence, phenomenology is associated with gaining in-depth understanding of occurrences to determine meanings (Moustakas, 1994). Overview and structure of the thesis As mentioned, every chapter serves to support my overall argument. Accordingly, this thesis is written as a monograph and is structured around seven (7) chapters as indicated below: Chapter one – Literature review This chapter covers the review of extant literature as it relates to the aims of the study. The chapter begins with an introduction which explains what the chapter entails. Next, the literature 9 reviewed for the purpose of this study is presented with sub-headings which include views on migration; migration in the global North and global South with examples from the EU and its member States as well as Africa; South Africa’s view on migration; legislations and policies on migration and the right to basic education; the Phakamisa Judgment; factors affecting equitable access to education; the Covid-19 pandemic as a new problem for undocumented migrants; equity, its etymology and philosophical perspectives; equity in education; and existing strategies for ensuring equitable access to education for undocumented migrant children. The chapter concludes by providing a summary of the gaps identified in extant literature, and the methods the study employed to fill the identified gaps, as well as the contribution of this study. Chapter two – The study’s conceptual framework In this chapter, the conceptual framework that the study uses, is presented. The chapter begins with an introduction which explains what the chapter entails. Thereafter, a discussion on the capability approach is included and the link to education is explained too. Next, the study’s framework is detailed; the framework combines the capability approach with a three-fold explanation of equity in education. The chapter ends with a conclusion on what the framework highlights. Chapter three – Research methods This chapter presents the methods that were used in this study. I begin by describing the research paradigm, the study design as well as the study site. I also include a detailed description of the different groups of those who participated in the study. The way the data collection and analysis are done is also presented. I end the chapter by presenting the ethical considerations and quality criteria used for the study. Reflexivity and positionality during data collection and analysis are discussed too. A conclusion on what the chapter entails is also included. Chapter four – Research findings, analysis, and discussion under objective one In this chapter, I present the findings of the research based on the study’s first objective. Verbatim quotations are used to illustrate the findings and the discussions are made in relation to relevant extant literature and the study’s conceptual framework. The chapter describes the perception of undocumented migrant children and their parents, NGOs and government 10 officials who deal with undocumented migrant children on the access to education in relation to equity. Chapter five – Research findings, analysis, and discussion under objective two In this chapter, I present the findings of the research based on the study’s second objective. Verbatim quotations are used to illustrate the findings and the discussions are made in relation to relevant extant literature and the study’s conceptual framework. In the chapter, I describe the impact (problems) that migration to South Africa has on undocumented migrant children’s equitable access to education. Chapter six – Research findings, analysis, and discussion under objective three In this chapter, I present the findings of the research based on the study’s third objective. Verbatim quotations are used to illustrate the findings and the discussions are made in relation to relevant extant literature and the study’s conceptual framework. I present strategies that can be put in place to address the opportunities and problems in the South African context in relation to undocumented migrant children’s equitable access to education. Chapter seven – Integrated discussion and conclusion This final chapter of the thesis provides a discussion that cuts across the three objectives and research questions that the study sought to answer. An introduction which serves to remind the reader of the specific aims of the study and the key research findings is first presented. Thereafter, a consolidated discussion which cuts across the key findings in alignment with the research questions is presented. Additionally, other emerging themes from the study are discussed. The framework the study uses, as well as a developed explanation regarding access to education for undocumented migrant children from an equity viewpoint in South Africa is also presented in this chapter. I end the chapter by explaining the limitations of the study, recommendations, future research opportunities, as well as presenting an overarching conclusion to the thesis. In conclusion, here, I have presented the introduction as well as the background to this study including an overview and structure of the rest of the thesis. The chapter included key concepts that the thesis has used and their meanings in the context of the study. Having provided the background, the first chapter considers extant literature in alignment with the specific aims of the study. 11 CHAPTER ONE: LITERATURE REVIEW In alignment with the aims of this study, this chapter presents a review of extant literature on equitable access to education for undocumented migrant children in South Africa. The review of literature serves to support my argument for an integrated approach to ensure equitable access to education for undocumented migrant children. To elaborate on this, the chapter specifically begins by exploring views on migration. Afterward, a review of literature on the view on migration in the global North, with an example from the European Union (EU) and member states is provided. Next, literature on the view on migration in the global South, with a focus on Africa, as well as South Africa’s view on migration are presented. In addition, the legislations and policies on migration, and the right to basic education, both internationally and nationally (within South Africa) are considered. A sub-section on the Phakamisa Judgment is included too. Also, equity in education and the factors affecting equitable access to education are considered. The Covid-19 pandemic as an emerging problem for undocumented migrant children will also be discussed. Thereafter, strategies for ensuring equitable access to education for undocumented migrant children, based on available literature, is also included. Finally, a summary of the reviewed literature and the arguments raised are presented to conclude the chapter. 1.1 Views on migration Migration refers to the crossing of boundaries or borders of a marked political territory or nation for a given period of time (Garcia-Zamor, 2018). Guo (2013), in addition, defines migration as the movement of individuals from place to place. Globally, one in eight individuals live outside of their place or region of birth (UNESCO Global Monitoring Report, 2019). Significantly, the idea of migration has been viewed differently, and yet also used interchangeably with the term ‘immigration’ (Guo, 2013). The difference between the two terms have been noted by Bailey (2008): immigration refers to the movement of individuals from one country to another with the aim of living permanently in the country to which they relocate to. Migration is explained as the internal or international movement of people across local or international borders (Bailey, 2008). The words are used interchangeably in this study. In recognising the different views on migration, Jordan and Düvell (2003) describe four varying notions of migration: nationalist; federalist; globalist; and an ethical view. These four views are discussed in the paragraphs that follow. 12 1.1.1 Nationalist view on migration The nationalist view on migration stems from the idea of nationalism. This concept of nationalism refers to a collective action by national governments and their governing units designed to strengthen a nation’s borders in line with its governing units that ensures a social order (Hechter, 2008). Nationalism thus ensures that through policies and practices, nations are self-determined. This self-determination encourages national identity and distinct support for the interest of the nation, even to the exclusion of other nations and its members. According to Jordan and Düvell (2003), under the nationalist approach, national sovereignty is valued, and the migration of individuals into the State is perceived as a threat to social stability and political order (Bader, 2005). The perceived menace mostly serves as the main argument for nationalists to close borders (Bader, 2005). This is because migration “can overwhelm collective infrastructures, lay waste to the environment, and destroy cultures [as well as cause] civil disorders” (Jordan & Düvell, 2003, p. 1). By implication, the nationalist view places importance on culture because it is from culture that people shape their beliefs and lives as well as “activate their freedom and autonomy” (Gans, 1998, p. 164). Importantly, a sense of moral standing is associated with the nationalist view of migration, as nationals argue that they hold on to generational and ancestral heritage and traditions, both freely and as a matter of obligation (Gans, 1998). So, “while more effective regulation of migration would benefit from improved international cooperation, governments are often unwilling to give up national sovereignty on vital issues around migration and citizenship” (de Haas et al., 2020, p. 12). Although nationalism seems to prevent foreigners from moving into and settling within a particular sovereign state, Gans (1998) notes that the support of this view regarding migration is problematic. The problem is drawn from the fact that immigration policies stipulated under a nationalist-based state may view migrants as a fundamental threat to the nation’s culture, safety, economy, and productivity of its people (Bader, 2005). As a result of such immigration policies, freedom of movement of people under this approach is only linked to individuals who are willing to go back to their countries of origin, or at the least, are prepared to fully acculturate themselves into a new nationality (Gans, 1998). The freedom of movement is thus dependent on the sovereignty of nations to decide whether it is appropriate to accept foreigners (Bader, 2005). In most cases, it is considered disadvantageous. Hence, the idea of a ‘global world’ is reduced to mean nothing of significance under the nationalist view on migration. This view seems to undermine the basic human rights of individuals who have moved into these nations 13 different from their original places. The next sub-section which explains the globalist view on migration and so, ideas about global citizenship. 1.1.2 Globalist view on migration The idea of a globalist view on migration stems from globalisation. According to Garcia-Zamor (2018), globalisation goes beyond the movement of goods, to the movement of human resource which initiates migration and has introduced interconnectedness of economies across the world. Globalisation thus provides a platform for individuals to be cosmopolitan (see Smith, 1979). With the movement of goods and human resources, regular human movement is unavoidable. Supranational organisations such as the United Nations (UN) are thus supported by globalists to ensure the management of movement of people across borders (Garcia-Zamor, 2018; Jordan & Düvell, 2003). An example of this is the summit that was held by the UN in 2016 on refugees and migrants. The UN summit focused on issues that were particular to these groups. In specific terms, the UN noted that States should work toward ending immigration detention, especially of children. This should be accomplished by implementing alternatives to detention; countering intolerance and the social exclusion of migrants through sustainable initiatives to build empathy and confront discrimination; and give specific protection to all migrants in a vulnerable situation (Office of the High Commissioner of Human Rights [OHCHR], 2016). So, the globalist approach to immigration is viewed as one which serves as an intermediary for implementing distributive justice throughout humanity. Bader (2005) notes that the globalist view places emphasis on the equality of rights across humanity. However, Gans (1998) notes that this approach “leaves open the question of the value of nations… for their core groups” (p. 163). Globalist migration raises important considerations such as national security, transnational crimes, a general moral, ethical standards, as well as cultural differences. Thus, the globalist view on migration seems to neglect the social consequences of free movement (Guo, 2013) including an increase in the dependence on national resources. Clearly, this view on migration does not consider increase in the movement of people across borders as a problem. It brings forward the idea that policies need to focus on how to ensure an increase in “labour markets’ flexibility while maintaining and strengthening workers’ rights and improving working conditions” (Tacoli & Okali, 2002, p. 1). Hence, the rights of individuals who move 14 into States with this view on migration tend to enjoy their basic human rights. A distinctive feature of the globalist view on migration is its focus on the need for global citizenship2. 1.1.3 Federalist view on migration This view relates to the idea of federalism which is a “form of government in which there is a division of powers between two levels of government [central and regional] of equal status” (Law, 2013, pp. 105-106). Francis and Francis (2011) note that federalism puts forward the chance for States to either fail or succeed in drawing individuals to their territories with the use of their material resources through policies. Hence, federalist views on immigration are represented by clear policies on the place of immigrants with different legal statuses (Rodriguez, 2017). Federalism opposes restrictions on migration policies and relates to Rodriguez's (2017) explanation of an integrated form of federalism which embodies measures that are apparently designed to aid immigrants. The form of assistance provided under this notion allows immigrants to integrate into a country’s environment and become accustomed to life within it, regardless of their legal status. Hence, the nationality and/or citizenship of individuals who move across into States are not considered when economic membership is considered (Jordan & Düvell, 2003). Jordan and Düvell (2003) note that the federalist view on migration is that national boundaries serve as an impediment to efficiently appropriating material resources for the success of the country. Drawing from this understanding, the federalist notion, through an established freedom of movement, is given as a determinant of meaningful equality of opportunity, as well as an instrument of distributive justice (Bader, 2005). Distributive justice refers to a moral standing on the distribution of economic goods and services and focuses on the reality of social mobility (Lamont, 2017). The federalist view on migration is thus explained as an effective allowance for the free movement of people for efficient improvement in State economies (Francis & Francis, 2011). Although this may be seen to be closely linked to a global perspective on immigration, a more distinct feature is that under the federalist view, “a system of distribution based on the federal state structure determines (and limits) the freedom of movement and the 2 “Global citizenship is the umbrella term for social, political, environmental, and economic actions of globally minded individuals and communities on a worldwide scale. The term can refer to the belief that individuals are members of multiple, diverse, local and non-local networks rather than single actors affecting isolated societies. Promoting global citizenship in sustainable development will allow individuals to embrace their social responsibility to act for the benefit of all societies, not just their own” (United Nations [UN], n.d., para. 1). 15 chances for societal participation of people” (Laubenthal, 2015, p. 17). By implication, though the federalist view on migration is not averse to freedom of movement, citizenship is not considered as an important aspect of freedom of movement. Jordan and Düvell (2003) express this as ‘economic membership, not accounting for citizenship under this perspective. 1.1.4 Ethical view on migration Jordan and Düvell (2003) explain that the ethical perspective on migration focusses on the victims of nationalism, as well as globalism, in evaluating how systems are managed within the host nations. In clear terms, the ethical notion expresses the vulnerabilities and pressing needs for updated social protections (through policies, recognition of human rights and moral justice) that have come from increasing evidence of globalisation and migration. Some of these vulnerabilities include the consequence of remaining in warzones or life-threatening environments, if other nations or countries refuse acceptance of such refugees; and the consequence of accepting migrants into a country such as this new group taking the jobs of nationals and straining public services (Garcia-Zamor, 2018). Hence migration from this approach requires that whatever action will result in the flourishing of humanity and make human lives better, should be pursued. This view relates to the capability approach developed by Sen (1994, 1999) which calls for an equalised opportunity for humans. Accordingly, immigration policies should be designed in ethically and morally sustainable ways to emphasise the dignity of all migrants. Garcia-Zamor (2018) explains ethical immigration policies as policies that are gainful for both migrants and receiving countries. The need to consider ethical immigration policies brings forward the idea of a humanitarian approach to dealing with migrants by countries hosting them (Collier & Betts, 2017). 1.2 Migration in the Global North and Global South: Examples from Europe and Africa According to de Haas et al. (2020), [s]ettler societies, nascent empires and bustling economies have generally welcomed immigrants, as they fill labour shortages, boost population growth, and stimulate businesses and trade. However, particularly in times of economic crisis and conflict, immigrants are often the first to be blamed for problems, and face discrimination, racism and sometimes violence. This particularly applies to migrants who look, behave differently than majority populations. (p. 1) 16 This claim indicates that the view on migration in the global North and South has evolved over many years. In this section, migration to industrialised countries, in this case the European Union (EU) and its member States is discussed. Thereafter migration within the Global South, with an example from the African continent, follows. 1.2.1 The EU and migration Vandenhole et al. (2011) note that while trying to reduce the rate of migrants moving across borders, country policies on migration which serve as control strategies tend to restrict social rights of migrants. The EU and its member States within their migration policy have established ways to manage the flow of migration into the region. For instance, the EU has recognised pathways for attracting legal (documented) migrants through educational and work opportunities (European Commission [EU], 2022). Also, for other kinds of migration other than legal pathways, the EU has established “common rules for processing asylum request [and] readmission agreements for returning illegal migrants” (European Council/ Council of the European Union, 2021, para. 18). This consistency suggests that the EU – which is made up of the majority of countries on the continent of Europe, apart from 23 countries (Gregorio, 2020) – seeks to ensure the well-being of individuals who have moved into their member States. In line with this, the rights of these people would be upheld in terms of policy drafting. Recently, an online migration magazine known as InfoMigrants (ANSA, 2021) published an article titled, “EU to spend €16 billion on asylum, migration, and border management”. This article notes that in accordance with a directive from the EU Parliament, “the Asylum, Migration and Integration Fund 2021-2027 will receive €9.88 billion” (ANSA, 2021, para. 3) while trying to, amongst other needs, contend with “irregular migration”. The term ‘irregular migration’ refers to the movement of individuals which occurs outside “the laws, regulations, or international agreements governing the entry into or exit from the State of origin, transit or destination” (IOM UN Migration, 2019, p. 116). Evidently within the EU and its member States, there is an ongoing concern for undocumented migrants, or those who are not legally resident in the concerned countries. The question then is whether, beyond policies and well- planned out strategies on paper, the rights of undocumented migrants are being upheld or denied. However, generally, the EU seems to express its view on migration in a positive light, as well as an avenue for economic expansion, and more importantly, for the achievement of the 2030 Sustainable Agenda for Development (United Nations [UN], 2015). 17 Drawing from the above, I argue that the EU’s view on migration can be classified as both globalist and ethical. Globalist because through work and educational opportunities made available, the movement of individuals is introduced, and this promotes and interrelationship of economies across the world. Ethical because, as mentioned, the EU recognises the vulnerabilities and dire need for updated social protections (through policies, recognition of human rights and moral justice) that have come from increasing evidence of globalisation and migration, especially for undocumented migrants. However, beyond the scope of this current study, two major obstacles for the EU in its approach to migration exist. Firstly, the waves of migration from wars in Iraq, Syria, Afghanistan, and responses to economic hardship in the global South have seen huge numbers of migrants coming into the EU, and a great deal of political tension between member States on how to cope with this (see Henrekson et al., 2019; Kešel & Sedlák, 2018; Lafleur & Stanek, 2017). Secondly, tensions around migration in EU member States have been associated with the breakup of the Federation, such as Brexit, and threats of exit from right wing parties in France, Austria, and Sweden, and also the rise of racism, attacks on migrants, and electoral endorsement of rights wing ultra nationalist parties in member States (Bevelander & Wodak, 2019; Dennison & Geddes, 2018; Intini, 2016). 1.2.2 Africa and migration Flahaux and De Haas (2016) state that, the “majority of African migrants continue to move within the continent” (p. 22), as opposed to migration away from the continent. The International Organisation for Migration, in its World Migration Report 2020, indicates that more than 21 million Africans were living in other African countries in 2019 (International Organisation for Migration [IOM], 2019). This aligns with the findings of Awumbila (2017) which show that the majority of African migrants move to other African countries in search of economic empowerment. Thus, the movement from one country to another in Africa takes place within Africa (United Nations Conference on Trade and Development [UNCTAD], 2018). When considered as a move for economic empowerment or opportunities, the view on migration within the African continent can generally be thought about as one that puts forward ‘oneness of Africans’ across the continent, especially with the presence of the African Union. For instance, Flahaux and De Haas (2016) noted that, There seems to be a rather clear relation between levels of socio-economic development and the volume and geographical orientation of African emigration. More marginal, poorer or landlocked 18 countries tend to have lower absolute and relative levels of extra-continental migration, and their migration is primarily directed towards other African countries. (pp. 16-17) Individuals who move from one African country to another prefer moving to similar States in terms of culture, and that have better economic strength and opportunity than their countries of origin. Sadly, an increase in nationalist sentiment on migration in different African countries leads to less views of ‘oneness’ in terms of Africans migrating into African countries. In an article titled New Nationalism and Xenophobia in Africa: A New Inclination?, Kersting (2009) argues that, Nationalism in sub-Saharan Africa was often regarded as another form of anti-colonial protest. The nation-building process, driven by the new African elite, followed the national unity. Boundaries were declared sacrosanct, and ethnic or cultural diversity was often suppressed. Citizens in most African countries nowadays seem to accept the concept of state and do not question the notion of nation. They have developed a feeling of national solidarity and identity based on an imagined shared history and a common destiny. National symbols such as anthems, flags and soccer teams have fostered a “banal nationalism”. (pp. 7-8) By implication, nationalism has increasingly become the order of the day on the African continent in a bid to ‘build’ nations; more recent studies have noted this rise (see Abidde & Matambo, 2021; Adejumo-Ayibiowu, 2021; Blessed-Sayah & Griffiths, 2023; Zwanbin, 2023) The undeniable fact is that with the increase in nationalist perspectives comes an increase in hostility toward ‘foreigners’ within the host countries. Adejumo-Ayibiowu (2021) notes that because of the increase in nationalist perspectives across many African countries, as the years have progressed, the freedom of movement from one African country to another has become increasingly restricted, which has resulted in xenophobic attacks on non-nationals by citizens. However, I do note that these increased restrictions have not necessarily halted movement to African countries that are considered economically stable. This idea is also highlighted by Flahaux and De Haas (2016) as they argue that the reducing number of African migrants to African countries is due to xenophobic attacks and discriminatory acts of violence, as well as policy restrictions in relation to migration imposed by African countries. Some African countries seem to consistently have cases of violent attacks against non-nationals. For instance, countries including South Africa, Botswana, and Zambia have been known for xenophobic acts against foreign black individuals (Akinola, 2018). Focusing on South Africa, a recent factsheet compiled by Misago and Mlilo (2021) for Xenowatch titled Incidents of Xenophobic Violence 19 in South Africa: 1994 – April 2021, highlighted the frequency of reported discriminatory acts of violence against non-nationals. The factsheet indicated that: In total, Xenowatch recorded 796 incidents of xenophobic violence. These resulted in at least 588 deaths, at least 121 945 displaced and an estimation of at least 4 693 shops looted in the period of 1994 to 21 April 2021. (Misago & Mlilo, 2021, p. 2, emphasis as in original) Given these alarming numbers, which only illustrate reported cases, there is a dire need to consider how the rights of non-national individuals within South Africa are upheld. Although these attacks are indiscriminately targeted at both legal and illegal migrants, those who are especially low-income earners or without stable sources of income have been consistently reported to be more vulnerable (see Human Rights Watch, 2020; Maina et al., 2011; United Nations Human Rights Office of the High Commissioner, 2022). Often, this group of individuals who are low-income earners are also without proper documentation (see Human Rights Watch, 2020). For this study, the group of non-citizens considered especially are undocumented migrant children. 1.3 South Africa’s view on migration Again, I note that within Africa, migration is ongoing regardless of the increase in nationalist perspectives on migration on the continent. The UN Department of Economic and Social Affairs (United Nations Department of Economic and Social Affairs Population Division, 2017) revealed that, by the year 2017, the number of intracontinental migrants in Africa was 25 million. Interestingly, out of every five, four of these internal migrants moved from other African countries. Studies (Gonzalez-Garcia et al., 2016; Ruedin, 2019; Tati, 2008) note that the majority of intracontinental migration in sub-Saharan Africa has been to countries with relatively higher economies, such as South Africa. Following from this, and in establishing the context of this study, the increase in migration to South Africa continues to highlight the nationalistic view on migration in the country (Bank, 2019). Linking the varying viewpoints on migration to the South African context, Palmary (2018), as well as Crush and Peberdy (2018) note that migration, especially from neighbouring African countries into South Africa, is often explained as a security threat to the country. This view aligns with the nationalist notion on migration (Neocosmos, 2010; Palmary & Mahati, 2015; Ruedin, 2019). Neocosmos (2010) argues that the nationalist view within South Africa systematically excludes foreignness and so, a sense of belonging for non-nationals. He states that “[i]n South Africa, the process of nation formation was one which went against the trend of globalisation which is usually said 20 to encourage regional… identities” (Neocosmos, 2010, p. 72). Regional identities refer to a concept where States within a particular region (which are beyond national states) interrelate through institutionalised structures (see Paasi, 2009). By implication, while a regional identity extends beyond the boundaries of one nation, national identity focuses mainly on the ‘othering’ of individuals who do not belong. In the South African context, this can be clearly identified. For instance, using Harris’ (2002) thematic classifications and Waltz’s (1959) levels of analysis, in their study, Addae and Quan-Baffour (2022) found that in the South African context, war is defined as violent attacks on African foreigners living in the country. According to the authors, violent attacks against black non-nationals indicate that the safety of these non- nationals is under threat (Addae & Quan-Baffour, 2022). Migrants who are within the borders of South Africa are, therefore, seen as threats to the social order, and to public services made available for ‘those who truly belong’. Perceptively, Fanon (1990 [1963]) notes that “African unity, that vague formula, yet one to which the men and women of Africa were passionately attached… takes off the mask, and crumbles into regionalism inside the hollow shell of nationality itself” (p. 158). Thus, in South Africa, institutionally, structurally (Aglotsson & Klaaren, 2018), politically (Crush & Peberdy, 2018) and individually, the sense of a national self-determination which refers to the process of building a nation and demarcating ‘others’ from the national unity is conspicuous (Neocosmos, 2010). As noted by Gordon (2017), presently, immigrants – especially blacks from other African countries – are called ‘kwerekwere’ (foreigner or foreign visitor)3 meant as a belittling title to express the unwantedness of black nationals from other countries, and so, the fading away of African unity, as described by Fanon (1990). At a political level, the objectives and statements of politicians continue to push forward the nationalist view on migration and immigrants in South Africa. Some of these statements include those that highlight the nation’s unwillingness to allow migrants within their territory. The statements made by politicians, incite xenophobic attacks (Fanon, 1990; Gordon, 2017) and lead to the denial of the rights of those who are non-nationals of the country regardless of their legal status (Aglotsson & Klaaren, 2018). Sadly, nationalism continues to serve as a platform for xenophobic acts regardless of the government’s supposed attempt to draft and implement a “coherent policy of integration… [when] in fact a xenophobic attitude in the government’s behaviour” (Kersting, 2009, p. 15). The African Union (AU) 3 The word ‘kwerekwere’ is a derogatory term because it is used to refer to other Black Africans who cannot speak any of the local South African languages. 21 directive (African Union, 2002),4 upholds that each member state (having accepted the progressive allowance of the free movement of persons) should ensure that immigrants enjoy the right of being resident and settled within the African continent. However, Achiume and Landau (2015) note that, although the African Common Position and the Migration Policy Framework both emphasise a human rights frame as essential to ensuring social integration and the wellbeing of migrants and their hosts, they do very little to provide evidence-based recommendations for concrete policy solutions that would successfully assist member states to use human rights in this way. (p. 3, emphasis added) Consequently, in South Africa the rights of migrants are not duly protected. Explaining what ‘rights’ are, with a focus on South Africa, Neocosmos (2010) argues that “rights are entitlements which are no longer attributes of a universal human subject (‘Man’) but fought for by people (anyone) in a context of contestation of what exists” (p. 135). So, individuals who are migrants in South Africa, are faced with the need to ‘fight’ for their basic rights to be upheld due to the nationalist view on migration that the country holds which brings to the fore issues of xenophobia. Hence, basic rights cannot be upheld without contestations on grounds of individuals’ moral worth. Beyond inciting statements made by politicians which displays a dissatisfaction with, and resentment toward migrants within South Africa, at the local and community levels, the resentment brings about xenophobic attacks and violence against migrants. This idea is highlighted by Misago (2019b) who argues that, xenophobic violence in South Africa is triggered by mobilisation of collective discontent invariably generated by a wide range of different factors (such as relative deprivation, beliefs, rumours, etc.) is useful as a significant step towards a clear under-standing of all key determinants of xenophobic violence in South Africa. Such an understanding is necessary for relevant institutions to design appropriate measures/responses to stop on-going violence and/or prevent future recurrences. (p. 8) In alignment with the capability approach which is used as part of the conceptual framework for this study (see chapter 2, section 2.1), Misago (2019b) highlights that xenophobia within societies (specifically South Africa) requires integrated approaches to solving and mitigating 4 South Africa was already a member of the African Union (AU), and in fact, one of the major meetings of 2002 was held in Durban, South Africa. The AU was initially known as the OAU (The Organisation of African Unity), however, in 2002, the AU was officially launched in Durban, South Africa (See https://au.int/en/overview). In t