Government must rethink its Draconian white paper on refugees and migrants

The dawn of coalition politics in South Africa brings with it an era of change and uncertainty, but also renewed hope and possibility. The maturation of our democracy and the peaceful acceptance of the ANC in its loss of its electoral majority vote at the polls is a rare and uplifting example of a non-violent transfer of political power on the African continent.

Yet, having marked Africa Month in May and World Refugee Day on 20 June, the atmosphere of promise for what the future could hold for our country is not shared by all who live in it. Indeed, the challenges and bigotry facing refugees and asylum seekers in South Africa on a daily basis only grows. At this moment of great optimism, many in this vulnerable community feel truly hopeless.

It is well known that in many ways South Africa’s transition from the dark days of racial subjugation remains incomplete. While a remarkable political transformation took place, structural inequalities and systemic attitudes of discrimination continue to plague our country. Crushing levels of poverty, crime and corruption, as well as lack of access to basic social services sadly continue to rise.

Refugees and asylum seekers and displaced people in South Africa face the brunt of these hardships. These communities, many of which are already severely traumatised by the violence, persecution and conflict that forced them to flee their homes and seek a better life in South Africa, also face language barriers; a lack of access to legal documentation; difficulties in navigating the healthcare and education systems in the country; and are met with blatant and sometimes violent xenophobia and Afrophobia.

Instead of working to combat and address the source of this hate and raise awareness and education about the dangers of such prejudice, the South African government’s recent decisions seem intent on increasing barriers for refugee and asylum seekers in the country.

Far from actualising the principles of our Constitution and Bill of Rights, the government is taking steps to push back some of our progressive legislation and policies, particularly with Cabinet’s green light earlier this year on the White Paper on Citizenship, Immigration and Refugee Protection.

The white paper, which has been widely and vocally criticised by civil society and refugee and asylum seeker communities, calls for sweeping reforms to our immigration system such as increased border monitoring, the establishment of immigration courts, and, most concerning, the withdrawal from international and regional human rights instruments.

More specifically, the white paper proposes that South Africa temporarily withdraw from the 1951 United Nations Refugee Convention and the 1967 United Nations Protocol Relating to the Status of Refugees, citing the fact that the country does not have the resources to grant the socio-economic rights to refugees.

Instead of working to improve the lives of refugees and asylum seekers and displaced persons in the country, it seems our government is exacerbating the precarious situation this vulnerable group finds itself in.

The Helen Suzman Foundation says the white paper’s call for institutional reform only distracts from the current backlogs and incapacity at the Department of Home Affairs, providing no solutions to the crisis. Lawyers for Human Rights strongly condemned the white paper too, calling it “contemptuous of a democratic dispensation” and pointing out its serious implications for the human rights and dignity of all who live in our country.

Yet there are glimpses of positivity in the current challenges. The mobilisation of non-governmental organisations across the county to rally against the white paper and the excellent journalism covering the topic have been inspiring. Another piece of good news is that Hias, the Jewish international humanitarian organisation that provides critical support to refugees and advocates for their right to rebuild their lives in safety, has decided to begin operations in the country.

Joining the many determined and well-established civil society organisations and networks in South Africa that have worked tirelessly with refugees for decades, Hias stands for a world in which refugees find welcome, safety, and opportunity, and provides critical support to refugees and advocates for their right to rebuild their lives in safety.

Following two scoping missions to the country last year, operations for Hias South Africa began in October last year. As country director, I have the privilege of working alongside respected and experienced partner organisations to identify critical gaps in the refugee sector and to understand where Hias can contribute to addressing these, assist in resourcing and capacity building, and sharing best practices and expertise from other country offices and work taking place around the world.

Drawing on Jewish history and ethics, Hias’s work revolves around key Jewish values: Welcome or Hachnasat Orchim; Justice or Tzedek; Empathy or Chesed; Partnership or Chevruta; Courage or Ometz; and Resilience or Ruach. Hias has four signature programmes that support refugees in five critical ways so they can fully access their rights and rebuild their lives with dignity: Legal Protection, Mental Health and Psychosocial Support (MHPSS), Gender-Based Violence (GBV) Prevention, Response and Risk Reduction, and Economic Inclusion. As we begin our work – initially in Durban but planning to expand to other parts of the country – our focus begins with legal protection and advocacy.

I also hope that Hias’s work will shine a new light on refugee issues in South Africa. When a refugee or asylum seeker arrives in a new country, they bring with them not just their skills, education and a determination to build a better life for themselves and their families, but also new and diverse cultures and perspectives that enrich our social fabric.

Refugees and asylum seekers uplift our communities, and the human stories they share expand our worldview. We need to shift social dialogues on these issues from focusing solely on the challenges of immigration to understanding and celebrating the contribution of our fellow Africans to South Africa.

What is needed now is not only a full embrace of the inclusive, human-rights based character of our nation, but also the contributions of refugees and asylum seekers to our society. Together we must put the principles of our extraordinary Constitution and Bill of Rights into practice and strive every day to ensure that South Africa truly belongs to all who live in it. DM

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