Lawyers for human rights press statement on world refugee day
In commemoration of World Refugee Day, Lawyers forHuman Rights calls on government and the South African citizenry to observe aday of reflection and mourning for victims of the recent xenophobic attackswhich have plagued our country. The wave of xenophobic violence andanti-foreigner sentiment is not a new phenomenon in South Africa and it isunlikely that this xenophobic sentiment will come to an end spontaneously andwithout substantial governmental and civil society intervention. The failure of government to regularize thelarge number of foreign nationals in South Africa and the absence of ahumanitarian programme for Zimbabweans have heightened anti-foreignersentiments and has contributed to the tensions which currently exist.
Previous official responses to xenophobic violenceincluded the arresting and deporting of undocumented victims of violence whosought refuge at police stations. This amounted to a tacit condoning of theviolence as government was assisting residents to forcibly remove non-nationalsfrom these areas which is exactly the result which was being sought by theperpetrators of this violence.
Currently government has made commitments thatdisplaced persons would be reintegrated within a 2 - 3 month period. However, noplans for this proposed integration have yet emerged and it is highly unlikelythat this deadline will be met. The conditions and security situation at thetemporary protective shelters remain far from adequate.
Further, foreign migrant workers in general lackadequate protection with respect to labour rights and human rights. Thissituation does require urgent attention on a policy level. KaajalRamjathan-Keogh of Lawyers for Human Rights has stated, "Until such time asgovernment signs the International Convention on the Protection of the Rightsof All Migrant Workers and Members of their families and develops policy aroundthe employment of undocumented migrants, both human rights and labour standardswill be severely undermined".
Finally, Lawyers for Human Rights continues to voiceour concern over the operation of the police detention centre in Musina wherethousands of asylum seekers may be deported without any opportunity to seekprotection from the state. This practice of deporting asylum seekers isunlawful in terms of our domestic laws and international law.
Lawyers for Human Rights calls on government to:
- Provide protection in the form of documentation particularly to victims of violence and vulnerable Zimbabwean nationals
- Immediately cease the deportation of asylum seekers and particularly persons from Zimbabwe.
- Immediately outline a plan for the reintegration of persons displaced during the violence into local communities
- Ratify the Convention for the Protection of Migrant workers and Members of their families
CONTACT LAWYERS FOR HUMAN RIGHTS
ADV. JACOB VAN GARDEREN
NATIONAL DIRECTOR
012 320 29 43
KAAJAL RAMJATHAN-KEOGH
HEAD: REFUGEE AND MIGRANT RIGHTSPROGRAMME
011 339 1960
LAWYERSFOR HUMAN RIGHTS IS A MEMBER OF THE CONSORTIUM FOR REFUGEES AND MIGRANTS INSOUTH AFRICA (CORMSA)