South Africa is no longer a pariah state. The new and democratic South Africa is no longer shunned by the peoples of the world as a destination for visiting and for migration. In fact, it has now become a very attractive tourist destination and immigration statistics evenly match those of emigration.
South Africa has assumed this status at a time when social, political and economic uncertainty and insecurity has become pronounced in a growing number of states which are neighbours to South Africa: Lesotho, Zimbabwe, Angola, Namibia, Swaziland, Angola, Zambia, and the Democratic Republic of the Congo to name only some. Beyond our region, refugees continue to flow across and within borders as wars in Sierra Leone, Ethiopia, and Congo Brazzaville continue. Within this complex of regional pressures, it appears that South Africa has become a destination of choice not only for refugees, but also for economic migrants.
South Africa has obligations to protect the human rights of all asylum seekers and refugees who arrive in South Africa, regardless of how or where they arrive and whether they arrive with or without a visa. As a party to the Refugee Convention, South Africa has agreed to ensure that people who meet the United Nations definition of refugee are not sent back to a country where their life or freedom would be threatened. This is known as the principle of non-refoulement.
South Africa also has obligations not to return people who face a real risk of violation of certain human rights under the International Covenant on Civil and Political Rights, the Convention Against Torture and the Convention on the Rights of the Child. These obligations also apply to people who have not been found to be refugees.
In addition, while asylum seekers and refugees are in South African territory (or otherwise subject to South African law), the South African Government has obligations under various international treaties to ensure that their human rights are respected and protected. These treaties include the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention Against Torture and the Convention on the Rights of the Child. These rights include the right not to be arbitrarily detained.
South Africa has assumed this status at a time when social, political and economic uncertainty and insecurity has become pronounced in a growing number of states which are neighbours to South Africa: Lesotho, Zimbabwe, Angola, Namibia, Swaziland, Angola, Zambia, and the Democratic Republic of the Congo to name only some. Beyond our region, refugees continue to flow across and within borders as wars in Sierra Leone, Ethiopia, and Congo Brazzaville continue. Within this complex of regional pressures, it appears that South Africa has become a destination of choice not only for refugees, but also for economic migrants.
South Africa has obligations to protect the human rights of all asylum seekers and refugees who arrive in South Africa, regardless of how or where they arrive and whether they arrive with or without a visa. As a party to the Refugee Convention, South Africa has agreed to ensure that people who meet the United Nations definition of refugee are not sent back to a country where their life or freedom would be threatened. This is known as the principle of non-refoulement.
South Africa also has obligations not to return people who face a real risk of violation of certain human rights under the International Covenant on Civil and Political Rights, the Convention Against Torture and the Convention on the Rights of the Child. These obligations also apply to people who have not been found to be refugees.
In addition, while asylum seekers and refugees are in South African territory (or otherwise subject to South African law), the South African Government has obligations under various international treaties to ensure that their human rights are respected and protected. These treaties include the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention Against Torture and the Convention on the Rights of the Child. These rights include the right not to be arbitrarily detained.