LHR secures the release of 37 refugees and asylum-seekers

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21 October 2008

LHR reached an agreement with the Department of HomeAffairs today for the release of thirty-seven foreign nationals who have beendetained at Lindela Holding Facility since 6 August 2008.

The 37 men were amongst hundreds of displaced foreignerswho sought temporary shelter and protection at Rifle Range, Glenanda followingthe xenophobic attacks in May of this year. 

Despite their refugee or asylum-seeker status, on 6August 2008, a group of 208 men were moved from Rifle Range to Lindela HoldingFacility for refusing to register at the temporary site and relinquish theirasylum and refugee protections. They were taken to Lindela, where they have since been detained.

The violence this group has suffered asa result of the xenophobic attacks, and the ensuing mistreatment they havereceived at the hands of government, have led a number to choose voluntarilyrepatriatriation to their home countries, instead of enduring further detentionat Lindela.

Notwithstanding a 12 September 2008interim order of the Pretoria High Court prohibiting deportations untilthe Court had fully adjudicated the matter, the Department of Home Affairs has,by it's own admission, deported a number of this group.  Detainees were sent back to countriesincluding the DRC and Burundi, where they are likely to face the violence andpersecution from which they originally sought refuge from in South Africa. Indoimg so the department has flouted the fundamental priniciple of refugee lawthat prohibits the return of refugees to their countries when their lives andsecurity are at risk.

Today's settlement agreement, made by order of thePretoria High Court, pertained to the 37 people who still remain atLindela.  The Department of HomeAffairs was ordered to release all remaining members of the group beforeFriday, 24 October at 11am, and to re-issue each of them with asylum-seeker orrefugee permits.  It was furtherordered that the Respondents pay the costs of the Application.

LHR endorses the impending release of the 37 remainingdetainees, but remains concerned for the safety and security of those who havealready been deported.

For more information please contactGina Snyman at 011-339 1960 / gina [at] lhr [dot] org [dot] za