It is thoroughly appropriate that as a sector child and youth care workers raise their collective voice along with those of so many South Africans in condemning the terrible attacks on fellow-Africans in our country over the past month. Many child and youth care programs have been directly involved in protecting children affected by xenophobia, and this month’s lead article in Child Protection month shows how Ons Plek in Cape Town acted pro-actively to protect its staff and residents. Organisations which have not addressed the matter directly are invited to follow this example in speaking out on the issue while allowing for real sentiments to be heard.
In expressing our solidarity with those families affected by the violence it is also appropriate to take direction from the clarity provided by the Minister of Social Development, Dr Zola Skweyiya on the issue of xenophobia. His unequivocal stance on the matter - derived from the dictates of the Children’s Act recognizes that any child in South Africa is our child. Child and Youth Care Work quotes from the address by Minister Skweyiya at the conference ‘Getting South Africa ready to implement the Children’s Act’ (the full address is published on page 29)
“The Freedom Charter as adopted by the people’s Congress in 1955 directs all of us, including our youth to “Love [our] people and their culture, to honour human brotherhood, liberty and peace”. I am afraid the events over the past two weeks are far from that ideal many of our brothers and sisters paid the supreme price for. I must therefore pause, bow my head in shame and take this opportunity to reiterate our position that we cannot tolerate the scourge of xenophobia sweeping our country. It is with added distress that we note that children are once again bearing the brunt of such violence, losing parents and loved ones, as well as their homes and being forced to flee for their lives.
Setting alight the homes of foreigners has also set aflame our Constitution and taken a match to the Children’s Act. Let me remind you all that Section 1 of the Children’s Act defines a child as a person under the age of 18 years. It does not add any additional requirements such as South African citizenship or that the child had to be born in South Africa. This means that foreign children are offered the same protective measures in terms of this legislation whilst they are in South Africa. Foreign children may be placed in temporary safe care and Children’s Court enquiries may be opened in order to determine whether the child is in need of care and protection. If the Court finds a foreign child to be in need of care and protection the Court will have the same options to order the future care situation of the child. This means that foreign children may be admitted to Child and Youth Care Centers or be placed in foster care in order to serve their best interests.
We as the Department of Social Development have acted swiftly to provide individuals and families with blankets, food and other necessities as part of the Social Relief of Distress programme. In implementing the Children’s Act it is vital that we reinforce the need to honour this legislation and ensure the protection of all children within our borders.
“No one is born a good citizen; no nation is born a democracy. Rather, both are processes that continue to evolve over a lifetime. Young people must be included from birth. A society that cuts off from its youth severs its lifeline.” - Kofi Annan
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