SOUTH AFRICA FIRST: A NATIONAL PETITION FOR WITHDRAWAL FROM THE 1951 UN REFUGEE CONVENTION

25,808

The Issue

🇿🇦 SOUTH AFRICA FIRST!

DEMAND SOUTH AFRICA'S WITHDRAWAL FROM THE 1951 UNITED NATIONS REFUGEE CONVENTION AND ITS 1967 PROTOCOL

OUR COUNTRY. OUR SOVEREIGNTY. OUR FUTURE.

WHY THIS MATTERS TO EVERY SOUTH AFRICAN

South Africa is our home. It is the land of our ancestors, the home of our children, and the country in which millions of our people struggle every day to find employment, secure housing, access healthcare, and build a better future.

Yet, while our citizens face unemployment, poverty, inequality, and mounting pressure on public services, serious questions remain about our government's ability to manage immigration, secure our borders, and enforce our laws consistently.

We believe South Africa must have the freedom to determine an immigration and refugee-protection framework that reflects our national circumstances, protects our legitimate interests, and remains sustainable for future generations.

That is why we are calling for South Africa to withdraw from the 1951 United Nations Refugee Convention and its 1967 Protocol.

This is not a call for another review. It is not a request for another consultation without a clear outcome. It is a demand for decisive government action to withdraw from these international instruments through the necessary legal procedures and establish a workable domestic framework for refugee protection.

WHY ARE WE CALLING FOR WITHDRAWAL?

The 1951 Refugee Convention established an international framework for protecting people fleeing persecution. Its 1967 Protocol extended that framework beyond the Convention's original limitations.

South Africa acceded to both instruments in 1996.

However, we believe the government must be able to determine whether the existing international framework remains appropriate for South Africa's circumstances, institutional capacity, and national interests.

Our country faces serious challenges in managing immigration and asylum applications. Concerns about border controls, identity verification, administrative backlogs, corruption, and the enforcement of immigration laws have contributed to public frustration.

We believe these challenges demand a different policy direction.

We therefore call upon the South African government to withdraw from both the 1951 Refugee Convention and the 1967 Protocol, rather than pursue withdrawal merely as a step towards rejoining them with reservations.

We want a domestic framework that is transparent, enforceable, administratively effective, and consistent with the Constitution and other applicable legal obligations.

1. OUR SOVEREIGNTY MUST BE TAKEN SERIOUSLY

South Africa must be able to determine how it manages its borders, administers immigration, and develops policies appropriate to its national circumstances.

International cooperation has a role in addressing displacement and protecting people fleeing persecution. However, we believe South Africa must be able to reassess its treaty commitments and choose a different framework when it considers that necessary in the national interest.

Our demand is that the government undertake the lawful withdrawal process and explain how the country will administer refugee protection afterwards.

2. OUR PUBLIC RESOURCES AND INSTITUTIONS MATTER

South Africans have legitimate concerns about unemployment, public healthcare, education, housing, and the capacity of public institutions to meet the needs of communities.

We demand transparent information about the costs of administering the asylum system and reliable assessments of how migration affects public services and employment.

Withdrawal alone will not resolve every socioeconomic challenge. Nevertheless, we believe South Africa must be able to establish an immigration framework that it can administer effectively and sustainably.

3. BORDER CONTROL WITHOUT EFFECTIVE ENFORCEMENT IS NOT ENOUGH

A functioning immigration system must be capable of verifying identities, detecting fraudulent documentation, processing asylum claims efficiently, and implementing lawful decisions.

We demand stronger border management, action against corruption, and consistent enforcement of immigration legislation.

We also recognise that undocumented immigration and eligibility for refugee protection are separate legal questions. A credible system must distinguish between them and ensure that applications for protection are determined according to the applicable law.

Our demand for withdrawal must be accompanied by practical measures to strengthen the country's immigration administration.

4. WITHDRAWAL MUST MEAN WITHDRAWAL

We call upon the President, the Minister of Home Affairs, the Minister of International Relations and Cooperation, and Parliament to initiate and pursue the legally required process for South Africa's withdrawal from the Convention and Protocol.

We demand a clear implementation plan, transparent public communication, and accountability for progress.

We further call for the development of a domestic refugee-protection framework that addresses South Africa's circumstances while respecting constitutional rights and any international obligations that continue to apply.

We do not want an indefinite review process. We want the government to act on the demand expressed through this petition.

OUR FORMAL DEMAND

We, the undersigned, call upon the Government of the Republic of South Africa to:

1. Withdraw from the 1951 United Nations Refugee Convention and its 1967 Protocol, following the required constitutional, parliamentary, and international legal procedures.

2. Refrain from treating withdrawal as a preliminary step towards rejoining the same instruments with reservations.

3. Develop and publish a sustainable domestic framework for refugee protection and asylum administration.

4. Strengthen border management, identity verification, immigration enforcement, and the processing of asylum applications.

5. Investigate corruption and fraudulent documentation within immigration administration and hold responsible individuals accountable through due process.

6. Publish transparent data on asylum applications, administrative backlogs, enforcement outcomes, and the costs of operating the system.

7. Present a clear implementation plan to Parliament and provide the public with regular progress reports.

THIS IS ABOUT THE SOUTH AFRICA WE WANT TO LEAVE BEHIND

We want our children to inherit a country whose institutions function effectively, whose laws are enforced consistently, and whose government is accountable to the people it serves.

We want immigration policies that reflect responsible governance, protect legitimate national interests, and can be implemented in practice.

We recognise the humanity of people fleeing genuine persecution. Our position is that South Africa should establish its own lawful framework for addressing refugee protection rather than remain party to the two treaty instruments identified in this petition.

We believe citizens have the right to demand a different policy direction and to call upon their elected representatives to act.

Our position is clear: South Africa must withdraw from the 1951 UN Refugee Convention and its 1967 Protocol.

Not merely review them. Not simply discuss alternatives. Not withdraw only to return with reservations.

WITHDRAW. REFORM. ACCOUNT.

ADD YOUR VOICE

If you support South Africa's withdrawal from the 1951 United Nations Refugee Convention and its 1967 Protocol, sign this petition.

Call upon our government to initiate the necessary legal process, establish a sustainable domestic framework, strengthen immigration enforcement, and account publicly for its actions.

Our country deserves effective governance. Our communities deserve to be heard. Our future deserves serious consideration.

SOUTH AFRICA FIRST. OUR SOVEREIGNTY. OUR FUTURE.

SIGN THE PETITION. DEMAND WITHDRAWAL.

The Decision Makers

Busisiwe Mkhwebane
Busisiwe Mkhwebane
Advocate & Former Public Protector

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Petition created on 17 October 2026