By Sihle Mavuso
The African Refugee and Migrants Aid (ARMA) group says South Africa has a legal responsibility to protect refugees and asylum seekers within its territory and ensure their rights under domestic and international law are respected.
The non-governmental organisation made the comments after KwaZulu-Natal Premier Thami Ntuli on Friday expressed concern that representatives of some countries whose nationals have been camping outside the Durban Refugee Reception Office on Che Guevara Road did not attend a meeting aimed at resolving the months-long standoff.
More than 300 refugees and asylum seekers have been staying outside the Home Affairs facility since May, with some having previously rejected proposals to relocate them.
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Ntuli visited the area on Friday to get first-hand information about the situation and said arrangements were being made for those willing to relocate to be moved to the Lindela Repatriation Centre in Krugersdorp, Gauteng.
“Why are they not taking the responsibility? Why do they have offices located here in South Africa if they cannot help or assist their nationals? I am … not happy that they did not attend (the meeting), a majority of the people who are here are from DRC, Burundi and others countries, but those countries were not part of the meeting,” Ntuli said outside the Home Affairs offices.
In its response to the premier, ARMA said his comments risked shifting responsibility away from South African authorities and could undermine the principles governing international refugee protection.
“Refugees and asylum seekers are protected under international, regional and domestic legal frameworks, including the 1951 Convention relating to the Status of Refugees, the 1967 Protocol, the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) where applicable, and South Africa’s constitutional and legislative framework.
“ARMA emphasises that when refugees and asylum seekers are within the territory of South Africa, the South African authorities have primary responsibility for ensuring that their rights and protection needs are respected in accordance with applicable law,” it said.
South Africa is a party to the 1951 Refugee Convention, its 1967 Protocol and the 1969 OAU Refugee Convention, while its Refugees Act provides legal protections for refugees and asylum seekers, including protection against unlawful detention and being returned to countries where they may face persecution or serious threats to their safety.
ARMA said international refugee protection responsibilities could not simply be transferred to the governments of the Democratic Republic of the Congo, Burundi, Tanzania or other countries of origin.
“Many refugees have fled their countries because of persecution, armed conflict, violence, insecurity or other circumstances that place their lives, liberty and safety at risk. Their decision to seek protection in South Africa places them within the South African asylum and refugee protection system.
“The fact that a person is a national of another country does not remove the obligations of the South African state towards that person while they are seeking or receiving international protection,” the NGO said.
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ARMA also raised concerns about the proposed relocation to Lindela, saying any transfer must take account of each person’s immigration or asylum status and comply with the law.
“ARMA is equally concerned about any proposal or action that could result in refugees or asylum seekers being forcibly removed to Lindela Repatriation Centre or elsewhere without proper assessment of their immigration and asylum status, access to legal representation and judicial safeguards,” it said.
Lindela is a temporary alternative shelter arrangement for people who agree to relocate.
There have been divisions among those staying on Che Guevara Road, with some accepting the Lindela option and others initially rejecting it.
