The right to basic education of immigrant children in the SADC region : a case study of South Africa and the Democratic Republic Of The Congo

Abstract

This thesis examines the limitations on migrant children's access to primary education in the Southern African Development Community (SADC) region, with a focus on South Africa and the Democratic Republic of the Congo (DR Congo). It analyses international human rights law and national law to understand the legal protection and barriers faced by immigrant children. The study highlights the right to education as a fundamental human right. Migrant children encounter various obstacles to accessing education, including language barriers, discrimination, a lack of documentation, socioeconomic difficulties, and limited educational facilities. These factors not only deny them the right to basic education but also hinder their integration into society. The study compares the laws, policies, practices, and outcomes related to immigrant children in South Africa and the DR Congo. It explores topics such as the best interests of the child, the 4A standard, inclusive education, free and compulsory education, and the role of international financial institutions. In the DR Congo, all children, including migrants, have the right to education according to the Constitution. However, challenges such as inadequate legal protection, lack of funding, wars, insufficient infrastructure, unqualified teachers, and limited resources hinder the fulfilment of this right for migrant children. Similarly, South African national law recognises the right to education for all children, including immigrants. However, certain provisions in the law and policies contradict this right for migrant children. Practical difficulties such as xenophobia, “bureaucratic xenophobia," language barriers, resource limitations, and overcrowded schools further impede access to education. To address these challenges and safeguard the right to education for migrant children, actions are needed at national levels. Governments should enact and enforce laws, allocate sufficient funding, promote inclusive education, provide teacher training and language assistance, and combat discrimination. The study provides policy implications and recommendations for policymakers, school directors, immigration officers, and educators in South Africa, the DR Congo, and other SADC member states. The aim is to improve educational opportunities, create inclusive education systems, and enact laws that uphold the right to basic education for all. Cooperation and coordination among SADC nations is essential to overcome cross-border difficulties and ensure access to quality primary education for migrant children. By addressing this topic, this study contributes to the existing literature and raises awareness of the challenges faced by immigrant children. The findings and recommendations aim to promote equitable access to education for migrant children in the SADC region and beyond.