Wholesale review of immigration regimen may see SA (temporarily) exit UN convention on refugees

Home Affairs Minister Aaron Motsoaledi’s WhatsApp message asks for readiness to publicly comment on the release of the almost completed White Paper, or a government policy statement, that has emerged rather than the single new immigration law the governing ANC 2022 national conference had resolved on.

Going the White Paper route takes Home Affairs back to 2017, and its never implemented international migration policy.

The ANC 2022 national conference resolved that the government “must review” the 1996 accession without reservations to the 1951 UN Convention Relating to the Status of Refugees and the related 1967 protocol. But the ministerial text message on the White Paper sketches a different take – withdrawal from the UN agreements because South Africa joined without any reservations, the jargon for qualifications that allow a state to deviate from a specific convention provision.

“All countries of the world ratified with reservations in the interests of their citizens. We will re-enter the conventions afresh with reservations,” messaged Home Affairs Minister Aaron Motsoaledi, also announcing the White Paper’s proposed repeal of the immigration, citizenship and refugee acts.

“Once Cabinet gives the white paper a go-ahead, we will release it for public comment. It will be your time cdes [comrades] to reshape the destiny of our country.”

Strictly speaking, Motsoaledi’s claims on the UN refugee convention are not quite accurate.

To date, 149 state parties have signed up, many without any reservations, according to the UN refugee agency, UNHCR. A broad-sweep overview shows most often reservations are on refugees’ work permit exemptions and the right to limit refugees’ freedom of movement and residence, effectively opening the door to encampment, which is not South Africa’s domestic policy. 

If South Africa decides to withdraw from the UN refugee convention and protocol, it’s not effective until a year later. Mentioned nowhere is withdrawing from the African Union’s Organisation of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa that embeds many of the UN refugee protection measures.

The Home Affairs ministry was asked for detailed comment, including on the White Paper publication date, the impact of withdrawing from the international convention on South Africa’s global obligations and concerns that the proposed withdrawal alongside a new immigration and citizenship regimen could fan anti-foreigner sentiments.

“When the department releases the White Paper for public comment, after Cabinet approval, it will also issue an official statement that will answer your questions,” was the official response. It came some 24 hours after the initial 48-hour period for comment.

Also approached for comment, the ANC did not respond over several days.

South Africa’s proposed policy and legislative changes on the migration front come amid persistent anti-foreign sentiments, often fanned by vigilante groupings like Operation Dudula.

Xenophobic violence outbreaks