South Africa considers withdrawing from some international treaties to exercise its rights on migration and refugee protection.
Minister of Home Affairs Dr Aaron Motsoaledi has indicated that the country’s poor enforcement of immigration laws has created an immigration crisis in South Africa.
This has resulted in South Africa being unable to account for the number of foreigners who have settled in the country due to the current immigration laws.
On Wednesday, the minister addressed the media on the Cabinet’s recent approval of the Final White Paper On Citizenship, Immigration and Refugee Protection.
“Before the enactment of the Immigration law 13 of 2002 was enacted, the applicable legislation was the Aliens Control Act and the Aliens Control Amendment Act. When it comes to the issue of illegal foreigners, South Africa is to date a great place to live in and many people in the world aspire to live in, work or be the citizens. This has resulted in many foreign nationals coming to South Africa and stay in the country illegally. No one can account for undocumented migrants, something the media finds difficult to understand,” he said.
Motsoaledi said Home Affairs has considered written and oral submissions from all South Africans who have ensured that the White Paper is as robust and inclusive as possible.
“The Department of Home Affairs carefully and duly considered all the oral and written submissions. This final White Paper is the product of robust engagements. The Cabinet of the Republic of South Africa approved this final White Paper on Wednesday, 10 April, and it has been published in the Government Gazette today,” the minister said.
He said his team and conducted public hearings in all nine provinces which in turn have resulted in the policy position adopted in the White Paper enjoying wide support.
“Only a handful of public interest groups are opposed to selected policy positions such as the withdrawal of the 1951 Refugee Convention, the 1967 Protocol and re-acceding to them with reservations, proposed repeal of Section 4 (3) of the South African Citizenship Act and the First Safe Country principle,” he said.
The minister added that the White Paper seeks to ensure that South Africa is allowed to determine its own path and possibly withdraw from some of the international treaties that have prevented the country from being able to open a path for government to exercise its right to make reservations on some elements of the agreements.
“In 1996, two years after the first democratic elections, South Africa acceded to various international agreements such as the 1951 Convention, the 1967 Protocol, the 1969 OAU (Organization of African Unity) Convention and other international instruments. This was done without the government having developed a clear policy on migration, including refugee protection.
“The government did not make reservations and exceptions permitted in terms of international law. The White Paper proposes that the government of the Republic of South Africa must review and/or withdraw from the 1951 Convention and the 1967 Protocol with a view to accede to them with reservations like many countries did,” he added.
Motsoaledi indicated also that South Africa “does not have the resources” to fulfil all of the requirements of the 1951 Convention.
“The Refugee Protection and Immigration legislation must provide for reservations and exceptions as contained in the 1951 Convention and the 1969 OAU Convention. Particularly in that South Africa does not have the resources to grant the socio-economic rights envisaged in the 1951 Convention,” he said.