ACERWC African Committee of Experts on the Rights & Welfare of the Child While appreciating the legislative measures taken by the State Party to accommodate the principle of non-discrimination in national laws and policies, and the very commendable refugee friendly laws and policies in the State Party, the Committee notes with concern that access to basic services by asylum seeking, migrant, and refugee children and their parents/care givers is mostly dependent on being in possession of valid refugee/asylum-seeker documentation issued by the Department of While appreciating the legislative measures taken by the State Party to accommodate the principle of nondiscrimination in national laws and policies, and the very commendable refugee friendly laws and policies in the State Party, the Committee notes with concern that access to basic services by asylum seeking, migrant, and refugee children and their parents/care givers is mostly dependent on being in possession of valid refugee/asylum-seeker documentation issued by the Department of Home Affairs (DHA). Reported community xenophobia, and at times attack, is also a serious concern that needs a concerted and effective legislative, administrative and other appropriate response. Thus, the Committee urges the State Party to take all the necessary measures to ensure that these groups of children are not discriminated against, and in particular undertake measures to avoid unnecessary barriers to accessing basic education, healthcare, child protection services, and birth registration services, and guarantee among others the rights of asylum seeking, migrant, and refugee children. Concluding Recommendations by the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) on the Republic of South Africa Initial Report on the Status of Implementation of the African Charter on the Rights and Welfare of the Child paras 22& 23. Accordingly any differential treatment should be in pursuit of a legitimate purpose and in accordance with the best interests of the child as well as normative international human rights standards.27 States have an obligation to ensure that children on the move are integrated into receiving communities in order to ensure effective realisation of their fundamental freedoms and human rights and access to socio-economic services in an equal manner to the citizens.28 Diffenrtial treatment could be allowed only inexceptional circumstances. In this regard, the ACERWC in Minority Rights Group International and SOS-Esclaves on behalf of Said Ould Salem and Yarg Ould Salem v The Republic of Mauritania, stated that ‘for a differential treatment to be justified the reason for possible limitations must be founded in a legitimate state interest and limitation of rights must be strictly proportionate with and absolutely necessary for the advantages which are to be obtained.29 States should put in place measures to combat discrimination on any ground and to ensure protection of children on the move from all forms of multiple and intersecting kind of discrimination, including in and after returning to the country of origin, and on the basis of their migration status.30 In order to attain such aspirations, states should adopt measures to combat xenophobia and racism and should put in place mechanisms to collect and disseminate accurate, reliable and current data in respect to children on the move and their parents. As noted by Save the Children International, particular attention must be paid to the circumstances of specific children groups who face multiple and intersecting forms of discrimination such as girls, children with disabilities or separated and unaccompanied children, who are exposed to heightened risk of sexual exploitation, physical and emotional abuse,and forced child labour.31 27 28 29 30 31 As above. As above. Minority Rights Group International and SOS-Esclaves v Mauritania, Communication No. 007/ Com/003/2015, available at https://acerwc.africa/table-of-communications/ (accessed on 08 February 2019) para 61. Joint General Comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child, available at https://www.refworld.org/docid/5a1293a24.html (accessed 07 February 2019) para 23. Save the Children’s key messages for the First Informal thematic session on the human rights of all migrants Global Compact for Safe, Orderly and Regular Migration 8-9th May 2017. 18