Petition to the United Nations and African Union:

Condemn the Inhumane Treatment of Asylum Seekers and Refugees in South Africa

We, the undersigned, call on the United Nations (UN) and the African Union (AU) to take urgent action in condemning the systemic mistreatment and neglect of asylum seekers and refugees in South Africa. This abuse is primarily perpetrated by the Department of Home Affairs, South African Police Services, and certain elements within the South African government, and it violates numerous international treaties and human rights standards.

Key Issues: 

Denial of Asylum Applications: The Department of Home Affairs has been refusing to process asylum applications (Section 22) from individuals who have been in South Africa for more than 15 years, some even prior to the Covid-19 pandemic. These individuals, many of whom have been waiting for years, are left in a state of legal limbo without any resolution to their asylum status.

Refugee Status and Permanent Residency: Asylum seekers and refugees who qualify for permanent residency under Section 24 of the Refugees Act are denied recognition, effectively trapping them in precarious, unstable conditions without the ability to contribute to society fully.

Denied Documentation for Children: Children born to asylum seekers and refugees within South Africa are denied proper documentation, which prevents them from accessing basic services such as education, healthcare, and protection. This discriminatory act leaves children in a vulnerable state, unable to exercise their fundamental rights.

Corruption and Police Brutality: The South African Police Services (SAPS) have been implicated in widespread corruption, with officers demanding bribes from non-South Africans. Many undocumented individuals or those with outdated documents are at the mercy of police extortion, which fosters an atmosphere of fear, instability, and legal abuse.

Xenophobic Rhetoric in Parliament: Xenophobic rhetoric and speeches from members of the South African Parliament, the body that should be a force for unity, further perpetuate discrimination against non-South Africans and contribute to a toxic environment of intolerance and violence.

Systemic Corruption in the Refugee System: The South African refugee system is broken and corrupt, with the Home Affairs Department using funds provided by the United Nations High Commissioner for Refugees (UNHCR) intended to clear the backlog, instead to issue arbitrary rejections. These final rejections are often without justifiable reasons and cannot be contested except through costly court proceedings that refugees and asylum seekers cannot afford.

Call to Action:

We urgently call upon the United Nations, the African Union, and all international human rights organisations to:

Condemn the actions of the South African Department of Home Affairs for its refusal to process asylum applications, its discrimination against refugees, and its failure to recognise children born to asylum seekers as citizens of South Africa.

Demand accountability and reform in the South African refugee and asylum system to ensure it is aligned with the 1951 Geneva Convention, the AU Refugee Convention, and the South African Constitution.

Support the rights of refugees and asylum seekers in South Africa by ensuring their access to education, healthcare, and protection from violence, including police brutality.

Pressure the South African government to investigate and address police corruption and human rights abuses in order to create a safer environment for all people, regardless of nationality.

Monitor the allocation and use of UNHCR funds to ensure that they are being used effectively to clear the backlog and support asylum seekers, not to further marginalize them.

We demand immediate and decisive action to halt the ongoing violations of human rights, to restore dignity and justice to those seeking refuge, and to ensure that South Africa is held accountable for its obligations under international law.

This petition is endorsed by the Southern Africa Network for Immigrants and Refugees (SANIR) and countless individuals who are committed to upholding the rights of refugees and asylum seekers worldwide. We call upon the global community to support this cause and make a meaningful change for justice.

Signed : Southern Africa Network for Immigrants and Refugees (SANIR)