South Africa’s appalling treatment of Congolese asylum seekers is a failure of humanity

The death of 13 South African National Defence Force (SANDF) soldiers in eastern Democratic Republic of the Congo (DRC) has dominated headlines, sparking national conversations about South Africa’s role in peacekeeping operations. Yet, beyond the media focus on fallen soldiers is a more enduring tragedy — the relentless suffering of Congolese civilians who, after escaping brutal conflict, encounter fresh barriers and hostility upon seeking refuge in South Africa.

Eastern DRC has been engulfed in violent conflict for decades, marked by the brutality of armed groups such as the M23 rebels. According to the United Nations High Commissioner for Refugees, DRC has one of Africa’s largest displacement crises, with more than 6.7 million internally displaced persons, including 4.6 million in South and North Kivu. The country also hosts more than 520,000 refugees from neighbouring nations, while more than 1.1 million Congolese refugees are sheltered across the region, particularly in Uganda.

The recent surge in violence has displaced more than half a million people since the beginning of 2025.

Against this backdrop, South Africa’s involvement in peacekeeping missions in DRC and the composition of refugees in South Africa serve as a stark reminder of the regional nature of conflicts and their far-reaching impacts.

An M23 soldier stands guard as members of the Congolese National Police stand at attention after surrendering to M23 in Bukavu, South Kivu, DRC on 22 February 2025. (Photo: Marie Jeanne Munyerenkana / EPA-EFE)

Conflict spillovers manifest through the proliferation of armed groups, illicit trafficking and competition for natural resources. This interconnectedness is evident in the demographics of refugees within the Southern African Development Community, where many displaced persons originate from countries directly or indirectly affected by DRC’s instability.

Consequently, South Africa, as one of the more politically stable and economically advanced nations in the region, has become a key destination for refugees and asylum seekers.

Legal limbo

However, the realities faced by refugees and asylum seekers in South Africa often contrast sharply with their expectations. The asylum system in South Africa is plagued by chronic administrative inefficiencies, decadeslong backlogs and poor decision-making. This prolonged uncertainty keeps many in legal limbo for up to 20 years, increasing their vulnerability to exploitation and xenophobic violence, and restricting their access to healthcare, education and formal employment.

In 2020, the Department of Home Affairs (DHA) recorded around 180,000 asylum seekers and 90,000 recognised refugees in South Africa, thousands of whom were fleeing the violence and instability of eastern DRC.

Nearly a third of those seeking help from Lawyers for Human Rights’ walk-in law clinics are Congolese. The law clinics record heart-wrenching stories by victims of M23 rebel aggression, survivors of mass killings, and women and girls who have been repeatedly subjected to sexual violence.

Despite these well-documented stories, the DHA often dismisses asylum applications from individuals fleeing DRC as “manifestly unfounded”, “fraudulent” or “abusive”. No written reasons are provided. They are then declared to be “illegal foreigners” and given 14 days to leave the country.

Several final rejections were issued to applicants from eastern DRC even as the region continued to endure the conflict that led to the deaths of the SANDF soldiers. In one such case, the law clinics recorded a written decision on 31 January where a victim of M23 was directed to go back to Goma — a life-altering decision that forced them back into the very dangers they had fled.

The rejections of asylum applications speak to a broader issue of systemic indifference to the vulnerabilities of displaced individuals. This broken system is a failure of humanity.

A woman and child sit in a makeshift tent in Nzulo camp, North Kivu, DRC, on 21 January 2025 after fleeing Minova, about 45km from Goma, because of clashes between M23 rebels and the Armed Forces of the DRC, FARDC. (Photo: Marie Jeanne Munyerenkana / EPA-EFE)

Asylum seekers in South Africa face insurmountable obstacles even before they can initiate their applications. The Tshwane Refugee Reception Centre, one of the country’s main hubs for asylum processing, stopped accepting new asylum applications at least three months ago, locking many out of the system. This exposes countless asylum seekers to the ever-present threat of deportation.

Xenophobia

Many Lawyers for Human Rights’ clients report queuing at DHA offices for days, only to be turned away without explanation. Without documentation, they are exposed to the social and institutional xenophobia that permeates South African society. They are vilified, scapegoated for socioeconomic challenges and labelled as “illegal”, “burdens” and “threats,” despite their legal rights under South African and international law.

Refugees report arbitrary arrests, unlawful detentions and violent attacks both physical and verbal — an all-too-familiar irony for those who fled persecution only to face similar threats in South Africa.

South Africa’s treatment of Congolese refugees requires urgent and comprehensive reform. The DHA must urgently overhaul its asylum adjudication processes. First, the DHA must prioritise reopening the Refugee Reception Office in Tshwane to accept new applications. Asylum decisions should be evidence-based, impartial and reflective of the ongoing crises in countries like DRC.

The government must use this moment to take proactive steps to challenge anti-immigrant sentiments, promote understanding and demonstrate international solidarity by working with the people of DRC. The deaths of SANDF soldiers in DRC are a stark reminder of the costs of conflict.

Internally displaced persons from the town of Minova arrive in Nzulo camp DRC, on 21 January 2025. (Photo: Marie Jeanne Munyerenkana / EPA-EFE)

In an era when migration is often viewed with suspicion and fear, it is crucial to remember that the fundamental purpose of asylum is to protect those fleeing danger.

South Africa’s response must be guided by an unwavering commitment to upholding human rights. Anything less is a betrayal of the very values of our democracy. DM

Zekhethelo Cele is a refugee and migrant rights attorney at Lawyers for Human Rights (LHR), Sharon Ekambaram is head of LHR’s Refugee and Migrants Rights Programme, and Hlengiwe Mkhatshwa is an attorney with LHR’s Land and Housing Programme.