The South African Human Rights Commission (SAHRC) condemns the continued human rights violations against refugees, asylum seekers and migrants in South Africa.

Today it is reported in the Star (10 April) that Chris Moyo, a detainee at the Lindela Repatriation Centre, died on Sunday after being arrested. While officials debate over whether he actually died at the Centre or at Leratong hospital, what is of concern is the arbitrary manner of arrest and the growing number of deaths of migrants in detention. In our 2000 report on Lindela, we made extensive recommendations that we would urge authorities to consider. Reports of gross violations of human rights at this centre have now reached unacceptable levels. We would like to remind authorities that the basic human rights of all migrants, whether legal or not, must be upheld.

In the other matter of Justin Masilya, a Burundian refugee with proper documentation, (see The Star 5 April 2002: Authorities will target Hillbrow Slumlords), we would like to reassert that our asylum system needs to be revisited. By forcing Justin Masilya, into a police van full of suspected "Illegal immigrants", our law enforcement authorities are violating our obligation to protect refugees in accordance with international refugee law. South Africa is a signatory to the 1951 United Nations Convention Relating to the Status of Refugees, which is considered to be the cornerstone of refugee protection. According to the Convention " a Refugee is a person with a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion and is unable or unwilling to avail himself/herself of the protection of that country or to return there for fear of persecution".

Justice Masilya was granted refugee status after a lengthy procedure of refugee status determination. The procedure follows a number of stringent criteria that make it possible to distinguish a genuine asylum seeker from somebody who wants to enter the country illegally. It is an acid test and no so-called illegal immigrant can pass it without being detected. Article 3 of the 1951 Convention enjoins States to apply its provisions to refugees without discrimination. Indeed, our own Refugee Act (1998) specifies that refugees shall be afforded the same basic human rights that South Africans enjoy with the exception of political and citizenship rights.

Clearly then, the manner of the arrest and detention of Justin Masilya is not only an affront to his dignity but violates his rights under the Constitution and the Refugee Act (1998). The adverse psychological consequences this incident must have had on Mr Masilya are visibly reflected on his face in the front page of the Star. He ran away because of a threat of persecution in Burundi only to come to South Africa to relive the nightmare of being a hunted person in a country where he should be assured of a life free from persecution.

This situation begs the question: Should our law enforcement agencies continue to violate the asylum procedures set up to administer protection under international and our own domestic laws? Surely it is in our national interest, as much as that of refugees, that we take strict measures to maintain the integrity of our asylum system.

Strong-arm tactics are not the answer.

Issued by the South African Human Rights Commission
Johannesburg, Wednesday 10 April 2002

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