Press release: World Refugee Day witnesses rise in xenophobic tensions across South Africa

Lawyers for Human Rights is disturbed by the increasing  number of incidents of violence against foreign nationals in South Africa. 

On the eve of World Refugee Day on 20 June, LHR would like to express deep concern about the inhumane treatment of refugees and asylum-seekers at refugee reception offices across the country. On Thursday (19 June), LHR witnessed first-hand the violence against foreign nationals outside the Marabastad reception office in Pretoria. When those attempting to renew their permits began crowding the entrance to the Home Affairs office, security officials and police began whipping the crowd with sjamboks and used pepper spray (images attached). This is just one instance of ongoing victimisation against those attempting to document their stay in the country.

Xenophobic attacks continue to plague the country, most recently in Mamelodi, near Pretoria.  While evacuating foreign nationals (as in the case of Mamelodi) may prevent imminent harm, it does little to stem the scourge of violence. In addition to immediate police intervention and criminal prosecution of perpetrators, the situation requires longer-term preventative strategies that include collaboration between various departments such as social development and home affairs – actions that are critical in addressing this violence.

Tomorrow, 20 June, not only marks World Refugee Day, it also marks the 40th anniversary of the coming into effect of the  OAU Convention Governing the Specific Aspects of Refugee Problems in Africa. This ground-breaking convention is a tool that has saved the lives of millions of people in African.

LHR would like to use World Refugee Day 2014 to highlight the plight of refugees and asylum-seekers in South Africa who are facing not only xenophobic violence but also other serious daily barriers in obtaining documentation formalising their stay in the country. 

The recent announcement of Malusi Gigaba as the new Minister of Home Affairs presents an opportunity for South Africa to re-evaluate its treatment of refugees and migrant workers, addressing the challenges in a positive and practical manner. 

Extensive delays at the Refugee Appeal Board and Standing Committee for Refugee Affairs lead to uncertainty and unreasonable delays for refugees. These delays and backlogs could be addressed by increasing capacity at the RAB and SCRA, who are chronically understaffed. Refugees are also often unable to gain access to the Refugee Reception Office in Marabastad in Pretoria, which increases the risk of becoming undocumented or facing an administrative fine for having “overstayed” their permit. LHR is also concerned by reports from many clients about alleged corruption throughout the asylum process at the Department of Home Affairs. LHR calls for an investigation into the situation at reception offices, particularly (although not exclusively) around the issue of access.

World Refugee Day provides an opportunity for South Africa to reflect on its obligations to refugees and to recommit itself to those obligations. As a member state of the United Nations and the African Union, South Africa has pledged to protect  refugees and asylum-seekers. We need to hold South Africa and all the relevant government departments accountable to this commitment.

For interviews contact:

Lawyers for Human Rights’ Patricia Erasmus on 012 320 2943