Similarly, the SAHRC does not believe that the actions of refugees, who camped outside the UNHCR offices in Cape Town and Pretoria, were in the best interests of the refugees and their children who are exposed to numerous dangers by sleeping on the street. It is also concerning that the children were not getting the required education they need which is a fundamental human right. The SAHRC has been engaged in the issue and will continue to find a way to resolve this matter in a manner which is humane and protects the rights of everyone involved.

On the 18th of October the SAHRC, led by Commissioner Angie Makwetla, went to the UNHCR to interview the Refugees camped outside in Pretoria and meet with UNHCR officials.

The Commission learnt that the continuous and recent xenophobic attacks have made refugees residing in South Africa feel unsafe, thus they were demanding that UNHCR resettles them in other countries outside of South Africa.

UNHCR officials stated that the option of resettlement is based on strict criteria set out by each receiving country and this option is based on individual application and not mass application. The SAHRC was also made aware that UNHCR still categorises South Africa as a country of refuge, as it is not a country at war or in a state of emergency and therefore refugees could not be evacuated to other countries. It is important to note that resettlement and evacuation is solely based on a receiving country’s willingness to accept refugees.
The UNHCR indicated that they have made attempts to make this known to the refugees. The High Commissioner for Refugees, Mr Filippo Grandi, flew in from Geneva and engaged with the groups in Pretoria and Cape Town.

Another demand made by the refugees was the tedious and long process obtaining refugee and asylum documentation within South Africa. They indicated that it took up to 10 or 20 years to get a decision from the Department of Home Affairs on their applications. This makes refugees and asylum seekers vulnerable to exploitation and adds to their struggle to fully integrate into society as they are denied access to work, healthcare and education.

In order to reach an amicable solution on the matter, Commissioner Makwetla called for an urgent and high level meeting on 21st of October at the UNHCR’s office in Pretoria while connecting the Cape Town office via video conference.

At the meeting were representatives from; Department of Home Affairs, SAPS, JMPD, Tshwane Mayor’s Office, Lawyers for Human Rights, Africa Diaspora Forum, CORMSA, IOM and the Court Sheriff (the Sheriff was in the process of effecting an eviction order granted against the Refugees in Cape Town). The United Nations Resident Co-ordinator Ms. Bekele-Thomas was also in attendance.

After meeting with the key stakeholders made the following proposal be table to the refugees:
•    That the government will make available voluntary repatriation for Refugees who are willing and able to go back to their country of origin.
•    Those who feel that their lives are in danger would be provided alternative shelter and protection by UNHCR.
•    The DHA would engage with each individual or family to check their status and issue relevant documents.
•    That a task team be set to include all the above stakeholders and the Refugees to work towards building social cohesion in the country.
However the Refugees were not amiable to these proposals and indicated that the only proposal they were willingly to consider was that of resettlement.

The Commission will continue in its efforts to find an amicable solution to the current situation. This protest by families, demanding to leave South Africa, should be a catalyst for us all to reflect on whether we are building the constitutional democracy - built on the foundations of equality, dignity and freedom - which extends and respects the human rights of all in South Africa.

– Ends –

Issued by the South African Human Rights Commission
Gushwell Brooks – Communications Co-ordinator: Tel: 082645 8573 This email address is being protected from spambots. You need JavaScript enabled to view it.