The Helen Suzman Foundation (HSF), a prominent South African think-tank, has taken a strong stance against the Department of Home Affairs’ (DHA) newly finalized White Paper on immigration reform. The foundation argues the document lacks clarity and proposes legally dubious measures.
The White Paper, titled “Paper on Citizenship, Immigration and Refugee Protection: Towards a Complete Overhaul of the Migration System in South Africa,” suggests significant changes to immigration and refugee laws. However, the HSF criticizes the document’s vagueness, claiming it offers minimal details for public scrutiny.
This criticism follows Home Affairs Minister Aaron Motsoaledi’s announcement of a complete overhaul of the migration system. The White Paper outlines adjustments to citizenship regulations and proposes a controversial withdrawal from the 1951 Refugee Convention and its 1967 Protocol.
Naseema Fakir, the HSF’s acting director, pointed out the complexities of exiting the Refugee Convention. She explained that South Africa would need formal UN notification and potentially require parliamentary approval to withdraw from ratified treaties and repeal related domestic laws.
Fakir further emphasized a critical aspect: the principle of non-refoulement. This principle, enshrined in the Refugee Convention, prohibits nations from returning asylum seekers to countries where they face persecution. Fakir argues the White Paper downplays the importance of this principle, suggesting its withdrawal can be a first step in tightening refugee protection.
“The White Paper overestimates the Refugee Convention’s influence on South African refugee law interpretation by our courts,” stated Fakir.
Minister Motsoaledi confirmed the White Paper’s official status, approved by the Cabinet and published in the government gazette. The next step involves drafting a bill for parliamentary approval before becoming law. Motsoaledi believes this reform will deter economic migrants from falsely claiming asylum.
The HSF’s objections raise concerns about the clarity and legal feasibility of the proposed immigration overhaul. The coming parliamentary process will likely see further debate on these issues.