UNHCR’s Assistant High Commissioner for Protection appeals to South Africa to uphold and preserve asylum system for refugees and asylum-seekers

09 February 2024 - UNHCR Assistant High Commissioner for Protection, Ms Ruven Menikdiwela, concludes today a five-day visit to South Africa following a visit to Beit Bridge, one of the country’s busiest ports of entry with Zimbabwe, on Wednesday and Thursday. She met with the Commissioner of the Border Management Authority, Dr Mike Masiapato and his Team, and assured them of UNHCR’s readiness to support their efforts to manage their borders in a way that takes into consideration the specific needs and rights of persons seeking asylum.

South Africa hosts approximately 154,000 refugees and asylum-seekers^[i], representing 0.2 % of the country’s total population of 60.6 million people. While acknowledging the country’s understandable concerns about perceived challenges around irregular migration and people entering the country without prior authorization or valid documentation, - issues shared by many countries around the world - UNHCR stresses that people have the right to seek asylum and be protected from expulsion from the country. Commissioner Masiapato agreed, noting, “Migration is to be managed but not to be stopped.”

Earlier this week, Menikdiwela, who is in South Africa on her first official visit since her appointment as Assistant High Commissioner for Protection in January this year, met with Home Affairs Minister Dr Aaron Motsoaledi for a High-Level Bilateral meeting in Pretoria. Discussions focused on reviewing the various migration routes to South Africa as well as on how best to strengthen the protection space for asylum-seekers and refugees in the country.

The meeting was also attended by the United Nations Resident Coordinator, Mr. Nelson Muffuh, country Directors from OHCHR, IOM and UNICEF, and Humanitarian Affairs DIRCO Director, Ms. Sicel’mpilo Shange-Buthane.

Menikdiwela referred to the Government’s White Paper on Citizenship, Immigration and Refugee Protection at the beginning of the meeting. The document was made public last November with an invitation for comments by 31 January on, notably, the proposal by South Africa to withdraw from the 1951 Refugee Convention relating to the Status of Refugees and its 1967 Protocol, and to later re-enter with reservations on some critical articles on the Convention, including possible employment and access to education is of great concern.

Menikdiwela explains, “South Africa has attempted to respond to the arrivals of foreign nationals on its territory through the White Paper, but withdrawing from the Refugee Convention and re-acceding with reservations will not provide the immediate, practical solutions that the Government is seeking.”

“As UNHCR we suggest concrete solutions, such as the route-based approach, where we are not looking at countries of destination in isolation but at the entire migratory route – from the countries of origin to the countries of transit and to the countries of destination. We are ready to work with the Government and other humanitarian agencies to look at how to provide effective responses to migratory and refugee movements along these routes.”

UNHCR is therefore appealing to South Africa to maintain its commitment to upholding fundamental human rights by remaining party to the 1951 Refugee Convention.

The UN Refugee Agency also calls on the Government to lead the promotion of tolerance and social cohesion towards refugees and migrants, as the country approaches the national presidential elections.  UNHCR stands ready to continue supporting the implementation of the National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance.

UNHCR is also investing in a project with the Government and co-funded by the European Union to reduce the backlog of asylum appeals to make decision-making on them more efficient. To date, 131,282 asylum claims are still to be processed by the Refugee Appeals Authority of South Africa.

“This week, we’ve discussed important ways to make progress towards making South Africa’s asylum system fairer and faster,” said Menikdiwela. “We appeal to the Government of South Africa to continue to regard refugee protection as essential to upholding fundamental rights and, as always, we stand ready to support them in this effort.”

ENDS

Notes to editors: UNHCR’s submission in response to the White Paper consultation can be found here: https://www.refworld.org/policy/polrec/unhcr/2024/en/147563

For further information or interviews, please contact: Tendani Sibuyi [email protected]; + 27 60 534 3864.

[i] Data on active population is provided by DHA in their 2023 Annual Statistical Report dated 1^st Feb 2024