February 17, 2020

South African's refugees law is a travesty of democracy

topic:	Refugees and Asylum
located:	South Africa, Zimbabwe, Rwanda, Democratic Republic of the Congo
editor:	Bob Koigi

For a country with one of the most progressive constitutions globally and home to about 89,000 refugees originating from Democratic Republic of Congo, Rwanda and Zimbabwe, the recent revision of the Refugees Act by the South African government is not only alarming but threatens to reverse hard-earned gains that guarantee basic rights to every human on the country’s soil.

The amended legislation whose draconian provisions are set to have far reaching implications to the rights of those seeking asylum in the country seeks to stifle freedom of expression by limiting the political rights of the vulnerable people: the refugees. They are no longer allowed to take part in any political activity or interact with their home governments’ representatives or institutions like the embassies and in case they intend to, they must first seek permission from the home affairs ministers. Violation of this law will see them lose their refugees status.

While the government makes a case for immigration as a matter of national security, even when it is not, there are more humane and civil ways to address the proliferation of refugees and asylum seekers without treating them as criminals. To muzzle the voice of political dissidents not only sets a dangerous precedent in disregard for rule of law but creates a constituency of disenfranchised citizenry and cultivates a culture of fear which ends up exacerbating rather than addressing the very social issue the government seeks to tackle.

South Africa more than any other country should be alive to the values of equal treatment of all citizenry owing to the painful experience under the apartheid regime and the solidarity the world demonstrated in pushing for an end to such atrocity. The government has a duty of fidelity to the constitution that guarantees the inalienable rights of all citizens and an international duty to protect refugees. It should live up to these expectations.

Image: Gerd Altmann / Pixabay 

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