South Africa is said to have one of the more progressive refugee integration policies in the world. It allows refugees and other migrants to integrate and move freely in our communities, instead of confining them to refugee camps or designated places. This policy is a function of our constitutional commitment that “South Africa belongs to all who live in it.” Unfortunately, refugees and asylum seekers integrate into communities that are already experiencing deep socio-economic insecurities, occasioned by our history of racial dispossession and oppression and, more recently, by maladministration and corruption. The result is that they too must contend with the same challenges that South African citizens face daily.

South Africa also has one of the highest prevalence of xenophobic violence in the world. The 2021 Xenowatch Report provides that incidents of xenophobic violence have been recorded across the country every year since 1994, totaling 873 incidents of xenophobic violence. At least 612 foreign nationals have lost their lives to the attacks, with 122 298 persons displaced. Xenophobia has been a longstanding and shameful feature of post-apartheid South Africa. To date, refugees continue to live in fear of violence and harassment in our communities. These attacks further undermine the country’s economic prosperity, social cohesion, nation-building, national security and the rule of law.

South Africa is a party to the 1951 Refugee Convention, as well as its 1967 Protocol and the 1969 OAU Convention regarding Specific Aspects of Refugees in Africa. South Africa domesticated these obligations and enacted the Refugees Act 130 of 1998 which came into effect in 2000. This Act provides for specific rights and obligations owed to refugees and asylum seekers, thereby giving effect within the Republic, to the international legal obligations in the various refugee conventions.
Except for sections 19 and 22 of the Constitution, which are reserved only for Citizens, the rights in our Bill of Rights vest in “everyone” and “every child”, regardless of ethnic or social origin, colour, religion, culture, language or birth.  These include the right to life, dignity, freedom and security of the person, freedom of movement and residence, and education. This also includes the right of every child to have a name and nationality from birth.

The Commission calls on all stakeholders, including government departments and community members, to remember and uphold with compassion, the rights of refugees and asylum seekers who have sought refuge and safety in our country. With various activities being planned to commemorate the day, the Commission hopes that such events shall be peaceful and reflective and remind us of our founding principle, that “motho ke motho ka batho.”

Ends
Issued by the South African Human Rights Commission
Wisani Baloyi – Acting Communications Coordinator Tel: 081 016 8308 This email address is being protected from spambots. You need JavaScript enabled to view it. or Alucia Sekgathume Tel: 082 689 2364 This email address is being protected from spambots. You need JavaScript enabled to view it.