A/HRC/17/33/Add.4
detention at correctional facilities or awaiting deportation have complained about not being
given the appropriate treatment. Another challenge is that translation is not provided, which
sometimes makes it impossible for migrants to receive treatment. The Government should
therefore fully implement its national strategic plan and ensure equality and nondiscrimination against marginalized groups, such as refugees, asylum-seekers and foreign
migrants.
64.
The Special Rapporteur heard testimonies in this regard when he visited the Lindela
repatriation centre. He therefore urges the Government of South Africa to provide adequate
health care and to comply and carry out national policies and guidelines, including for
migrants in detention.
65.
The Special Rapporteur also heard complaints in relation to access to health care for
migrant workers and their families. He was informed that emergency health care in public
hospitals is guaranteed for all, regards of a person’s legal status. Reports showed, however,
that practices differ according to the province, municipality or hospital involved. As
mentioned above, full implementation of the right to health care, including national
frameworks, policies and guidelines, as well as international instruments to ensure health
care for all those in need, regardless of migratory status, is therefore needed.
E.
Unaccompanied foreign children
66.
The Special Rapporteur was informed about the situation of unaccompanied migrant
children. Statistical sources suggest that, in Musina, there are 600 unaccompanied children,
and that, in Johannesburg, as at September 2009, at least 150 unaccompanied minors were
staying at the Central Methodist church. Many of these minors were boys, and the majority
came from neighbouring countries such as Malawi, Mozambique, Swaziland and
Zimbabwe.
67.
The Special Rapporteur was informed that children migrate to South Africa for
various reasons, including the death of parents or a dying parent to care for. The desire to
flee from war or lack of access to basic services, or to seek better opportunities for work or
education were also common reasons.
68.
The Special Rapporteur calls upon the Government of South Africa to investigate
into and to provide information on the situation of unaccompanied minors in the country. In
his call, he underlines the vital importance of implement existing frameworks and policies
regarding minors, as children left to them selves are extremely vulnerable and at a much
higher risk of communicable diseases, psychosocial trauma, abuse and exploitation,
including exploitative forms of labour and commercial sex work.
69.
According to the South African Children’s Act (38/2005), unaccompanied minors
may very well be “children in need of care and protection”; as such, they are eligible to the
same level of protection as South African children. The Special Rapporteur was pleased to
note that foreign children were protected under other South African laws as well. However,
he regrets that this framework is yet to be fully implemented and urges the Government to
strengthen measures and legislation against child labour.
70.
The Special Rapporteur found that one of the biggest challenges facing minors was
the lack of education. He was informed that some children who migrate to South Africa had
not attended school for a long time and therefore had great difficulty in adjusting and
attending school. Another reason for not attending school was that children had to work to
support themselves or other family members. The Special Rapporteur underlines the
obligation undertaken by South Africa to guarantee the right to education for everyone in
both national and international instruments. Furthermore, he encourages the Government to
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