This is a significant day for our country and for our continent.

Fundamental human rights cannot be denied to anyone regardless of their citizenship.

As we celebrate Africa Day, the Commission would like to remind South Africans that our Constitution protects the rights to life, freedom, and security of person, and freedom of movement for all. These rights apply to everyone including non-nationals. The Constitution also prohibits discrimination on the grounds of social origin and birth.

Foreign nationals are entitled to enjoy all the rights in the Constitution, except the right to vote.

The Preamble of the South African Constitution declares that South Africa ‘belongs to all who live in it’.

South Africa has ratified the Covenant on Civil and Political Rights. Article 13 of the Covenant specifically recognises the rights of ‘aliens’. As such, we as a country are now bound by certain provisions in domestic legislation.

Racism remains a vexing and challenging problem in South Africa. The country has signed and ratified the International Convention on the Elimination of Racial Discrimination (ICERD) and the SAHRC calls on all who call South Africa home to reject all forms of discrimination.

South Africa has signed the Covenant against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. The SAHRC reiterates its call on Government to ratify the operational protocols to this Convention. The Commission notes with concern the detention of children and other minors at places of detention, and recently secured the removal and placement of minors detained at Lindela through its ongoing monitoring at the Centre.

The United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an international human rights treaty that protects the human rights of migrant workers and their families. The treaty places obligations on States to respect and ensure the rights of all migrant workers and their families without discrimination.

In view of the large numbers of migrants in South Africa and the regular xenophobic attacks against foreign nationals (including children), the SAHRC would like to reiterate its call for government to sign and ratify this treaty.

The SAHRC calls on all Africans here and in the diaspora to give meaning to this year’s theme of “Building a better Africa and a better world”. It is an opportunity for the continent to not only acknowledge the progress that Africa has made, but also reflect upon the common challenges that Africa as a continent continues to face in the global environment.

As a national human rights institution supporting constitutional democracy, the South African Human Rights Commission (the Commission) joins the rest of Africa in commemorating this historic day on 25 May 2016.

ENDS/ Issued by the SA Human Rights Commission

For queries contact Isaac Mangena on 084 926 4269 or SAHRC Spokesperson Gail Smith on 060 988 3792