The Commission recognises that the State has the constitutional responsibility to regulate immigration and to implement lawful repatriation processes. However, these responsibilities must be exercised in a manner that respects human rights, upholds the rule of law and protects human dignity. The Constitution of the Republic of South Africa affirms that everyone is equal before the law and possesses inherent dignity that must be respected and protected. These protections apply to every person within South Africa’s jurisdiction, regardless of nationality or immigration status.

The Commission is concerned about allegations that humanitarian organisations have been intimidated and prevented from providing food, shelter and other essential assistance to displaced persons. The Commission is further alarmed by a growing number of reports of groups conducting door-to-door operations in townships and informal settlements to identify and forcibly evict non-nationals from their homes. Equally concerning are reports of continued threats, intimidation and attacks against businesses owned by non-nationals. Such conduct undermines the rule of law, fuels xenophobia and places vulnerable people at greater risk. The Commission reiterates that no individual or group may take the law into their own hands or unlawfully deprive another person of their constitutional rights. 

The Commission reminds government officials and private actors that South Africa is also bound by regional and international human rights obligations, including the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights. Where persons are deprived of their liberty or placed under State control, relevant minimum standards, including the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), are also instructive. These instruments affirm the rights to life, dignity, equality, and protection from cruel, inhuman or degrading treatment. These rights apply without discrimination and require

States to respect and protect the fundamental rights of all persons within their territory.

The Commission acknowledges the pressures faced by government institutions in responding to migration-related challenges. However, operational difficulties cannot justify measures that unnecessarily restrict humanitarian assistance or expose vulnerable people to further harm. The SAHRC calls on all organs of state to ensure that humanitarian organisations, faith-based institutions, and civil society organisations can provide lawful humanitarian assistance without intimidation, harassment or unnecessary interference. Any migration management measures must remain consistent with the Constitution and with South Africa’s regional and international human rights obligations. The Commission is also dismayed by reports of some embassies and consulates that have invited their nationals to present themselves for repatriation but have failed to allocate sufficient human and financial resources to ensure that this process proceeds smoothly and with dignity. The Commission salutes the tireless efforts of the Department of Home Affairs, Border Management Authority and other officials who are working to expedite these repatriation processes. 

The Commission will continue to monitor these developments closely and consider all appropriate interventions, including legal measures where necessary, to safeguard the rights of affected persons and uphold South Africa’s constitutional democracy. Affected persons and organisations may lodge complaints with the SAHRC via the Commission’s website or by contacting the relevant provincial office.

Ends

Issued by the South African Human Rights Commission