Schooling for children of asylum seekers

Following the coming into operation of the Refugee Act, all new applications for asylum imposed a restriction: the asylum seeker was prohibited from working or studying for an initial period of 6 months while the asylum application was being considered. If the asylum application had not been dealt with during this 6 month period, the applicant could then apply for an amendment of the permit to remove the prohibition on work and study. This restriction was also applied to the minor children of such asylum seekers; directly preventing such children from attending school.

The South African Human Rights Commission received a complaint from an asylum seeker, whose child was prevented from attending school because of this restriction. The SAHRC, concerned that such a practice violated Section 29 (1) of our Constitution (the right to basic education) as well as the various international conventions dealing with the rights of children, subsequently raised the matter with the Department of Home Affairs .

The Department has since accepted that the current practice is unacceptable and has agreed to instruct all Refugee Reception Offices to take the necessary measures to ensure that the children of asylum seekers are allowed to study. The result of this intervention is that no child of an asylum seeker will be prevented from attending school simply by virtue of the fact that the asylum application of their parent or guardian is pending.

The SAHRC wishes to commend the Department of Home Affairs for their positive approach to the matter, as the resolution is clearly in the letter and spirit of, and consistent with, the values of our Constitution. In addition, we are of the view that the manner in which this matter was handled and resolved is a useful example of how a national institution and government can work together in the advancement of human rights.

For further information please contact:
South African Human Rights Commission
Commissioner Jody Kollapen: Tel: +27 11 484 8300 (083 265 3611) or Commissioner Zonke Majodina: Tel: +27 11 716 2909 (082 453 3110)