Refugees’ rights ‘restricted’ by newly proposed amendments

Human rights activists say the government’s recent review of the Refugees Act introduced amendments which deviate from international refugee law and restrict rather than protect the rights of refugees and asylum seekers.

South Africa’s approach to migration and statelessness should be informed by the pro-human rights and inclusive spirit of the constitution, said Thandeka Chauke of Lawyers for Human Rights (LHR).

“While the Citizenship Act makes provision for stateless children born in South Africa to obtain citizenship, the department of home affairs (DHA) failed to create regulations which set out the process for such an application and has not signed the two United Nations conventions on statelessness,” she said.

“Priority should also be given to fixing the corruption, capacity, maladministration and backlog issues at the department. These have exacerbated the barriers to access to documentation for migrants living in South Africa.”

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However, although the UN High Commissioner for Refugees (UNHCR) agreed SA was not obliged to grant citizenship to every child born on South African territory to non-SA parents, it also said unless there was an indication that it would lead to statelessness, a record of birth could be issued stating the individual deserved citizenship.

“The government of SA will actively collaborate with countries in the region to encourage and promote civil registration systems,” the department said.

Meanwhile, the assistant high commissioner for protection for the United Nations High Commissioner for Refugees (UNHCR), Gillian Triggs, welcomed the department’s plan to review the Immigration Act, the Citizenship Act and the Refugee Act. Triggs urged refugees and asylum seekers to respect the local laws of the host country.

Meanwhile, Home Affairs Minister Dr Aaron Motsoaledi said SA needed to modernise its laws to reflect its current circumstances, based on the realities of its citizens.

“We recognise some of our laws were enacted in a period where things were very different to how they are now,” he said.

“South Africa does not have a problem with people who are legally seeking protection. The challenge is with those who are here illegally.”

The UNHCR acknowledged that the DHA had started a process to harmonise the Refugees Act, the Immigration Act and the Citizenship Act and to bring these in alignment with international refugee law.

“UNHCR and DHA commit to continue discussing provisions which are at variance with international refugee law through a dedicated task force,” the UNHCR said.

According to the UNHCR, they plan to approach the department of justice and offer training on international refugee law, to enhance the department’s capacity in this area of law.

The UNHCR will also appoint a consultant for social assistance.

– lungas@citizen.co.za