The South African Government’s Stance on Refugee Rights Under the 1951 Convention: Minister Motsoaledi’s Perspective

2024-04-19 09:51:46

The South African government does not have the resources to grant socio-economic rights under the 1951 Convention relating to the Status of Refugees, Home Affairs Minister Aaron Motsoaledi said on Thursday.

« South Africa has joined various international agreements such as the 1951 Convention without having developed a clear policy on migration, including refugee protection.“said Mr. Motsoaledi in a press conference following the approval of the White Paper on Citizenship, Immigration and Refugee Protection.

He specified that this new legal instrument will pave the way for the government to exercise its right to formulate reservations on certain elements of the international agreements signed by the country following the first democratic elections held in 1994.

« The White Paper therefore proposes that the government review and/or withdraw from the 1951 Convention and the 1967 Protocol on Refugees with a view to acceding to it with reservations, as other countries have done“, he continued.

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The United Nations High Commissioner for Refugees (HCR) recently called on South Africa to maintain its commitment to respecting fundamental human rights by remaining party to the 1951 Refugee Convention.

« South Africa has attempted to respond to the arrivals of foreign nationals on its territory through a White Paper, but withdrawing from the Refugee Convention and rejoining it with reservations will not provide the immediate and practical solutions sought by the government“said Deputy High Commissioner Ruven Menikdiwela.

While recognizing the country’s concerns over challenges related to irregular migration and people entering South Africa without prior authorization or valid documents, UNHCR stressed that people have the right to seek asylum and be protected against expulsion.

Civic and human rights organizations have also criticized the South African government’s proposed reforms to immigration laws, calling the proposals “threat to the security of refugees and migrants in South Africa».

South Africa hosts approximately 154,000 refugees and asylum seekers, representing 0.2% of the country’s total population of 60.6 million.

With MAP

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