Recommendations
“We need to work together as Africans to solve our problems”
1) It is in South Africa’s economic, security and social stability interests to continue to
make significant political investment in stabilising the political turmoil that plagues
countries in SADC, which make up the greatest number of asylum seekers in
South Africa.
2) The South African DHA has an obligation to provide a greater number of RROs
and to ensure that these are run efficiently, so that all asylum seekers have
timeous access to an official, enabling them to apply, acquire or to renew asylum
documents without punitive queues and bribery. The self admitted flaws in the
documentation process are reason enough to halt arrests, detentions and
deportations until these flaws have been corrected.
3) Children ought to be considered foremost as children and not as migrants of any
type.2Unaccompanied foreign minors are required by South African law to be given
access to education, health care and safety – the same rights as South African
children.
4) The verification/screening system must be improved upon if there is any hope of
reducing the number of innocent detentions and deportations, and minimizing the
risk of law suits. Civil society could play a pivotal role in this process if they were
allowed access to detainees.
5) Efficient independent monitoring needs to be reinstituted. No independent
monitoring has been permitted since 2009 when the monitoring being conducted
by the Forced Migration Studies Programme at the University of the Witwatersrand
was halted midway through their research.3The only independent body that does
have permission to monitor conditions at Lindela, is the South African Human
Rights Commission. The SAHRC are in fact mandated to oversee and conduct
external monitoring of immigration detention facilities, but according to LHR, their
monitoring up until now has been “haphazard and infrequent".
6) South Africa should adopt the Optional Protocol to the Convention against Torture
and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). This
would allow for independent monitoring of immigration detention centres.
7) The South African Government should consider reinstating the Zimbabwean
Dispensation Project and once more declaring a moratorium on deportations until
after an election in Zimbabwe. Furthermore the department should extend the
dispensation to all African countries until the number of undocumented immigrants
2
LHR. “Global Report and Campaign to End Immigration Detention of Children to be Launched at UN
Human Rights Council.” 21 March 2012. http://www.lhr.org.za/news/2012/global-report-and-campaignend-immigration-detention-children-be-launched-un-human-rights-. See full IDC report at
www.idcoalition.org/ccap.
3
Amit, R. (2010). Lost in the Vortex: Irregularities in the Detention and Deportation of Non-Nationals in
South Africa. FMSP Research Report. Johannesburg: African Centre for Migration & Society. 1-76.
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