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Migration: SA plans withdrawing from some international treaties
South Africa considers withdrawing from some international treaties to exercise its rights on migration and refugee protection, a report by Independent Online, IOL said.
According to the report, Minister of Home Affairs Dr Aaron Motsoaledi has indicated that the country’s poor enforcement of immigration laws has created an immigration crisis in South Africa.
This has resulted in South Africa being unable to account for the number of foreigners who have settled in the country due to the current immigration laws.
“Before the enactment of the Immigration law 13 of 2002 was enacted, the applicable legislation was the Aliens Control Act and the Aliens Control Amendment Act. When it comes to the issue of illegal foreigners, South Africa is to date a great place to live in and many people in the world aspire to live in, work or be the citizens. This has resulted in many foreign nationals coming to South Africa and stay in the country illegally. No one can account for undocumented migrants, something the media finds difficult to understand,” he said.
Motsoaledi said Home Affairs has considered written and oral submissions from all South Africans who have ensured that the White Paper is as robust and inclusive as possible.
“The Department of Home Affairs carefully and duly considered all the oral and written submissions. This final White Paper is the product of robust engagements. The Cabinet of the Republic of South Africa approved this final White Paper on Wednesday, 10 April, and it has been published in the Government Gazette today,” the minister said.
He said his team and conducted public hearings in all nine provinces which in turn have resulted in the policy position adopted in the White Paper enjoying wide support.
“Only a handful of public interest groups are opposed to selected policy positions such as the withdrawal of the 1951 Refugee Convention, the 1967 Protocol and re-acceding to them with reservations, proposed repeal of Section 4 (3) of the South African Citizenship Act and the First Safe Country principle,” he said.
The minister added that the White Paper seeks to ensure that South Africa is allowed to determine its own path and possibly withdraw from some of the international treaties that have prevented the country from being able to open a path for government to exercise its right to make reservations on some elements of the agreements.
“In 1996, two years after the first democratic elections, South Africa acceded to various international agreements such as the 1951 Convention, the 1967 Protocol, the 1969 OAU (Organization of African Unity) Convention and other international instruments. This was done without the government having developed a clear policy on migration, including refugee protection.
“The government did not make reservations and exceptions permitted in terms of international law. The White Paper proposes that the government of the Republic of South Africa must review and/or withdraw from the 1951 Convention and the 1967 Protocol with a view to accede to them with reservations like many countries did,” he added.
Motsoaledi indicated also that South Africa “does not have the resources” to fulfil all of the requirements of the 1951 Convention.
“The Refugee Protection and Immigration legislation must provide for reservations and exceptions as contained in the 1951 Convention and the 1969 OAU Convention. Particularly in that South Africa does not have the resources to grant the socio-economic rights envisaged in the 1951 Convention,” he said.
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ICC confirmation of 17 charges against El-Hishri draws praise from rights groups
Human rights organisations and migrant rights advocates have welcomed the International Criminal Court’s (ICC) decision to confirm all 17 charges against Osama El-Hishri, describing it as a landmark step towards justice for victims of abuses committed at Libya’s notorious Mitiga Prison.
The ICC’s confirmation of the charges clears the way for El-Hishri to stand trial over allegations linked to murder, torture, sexual violence and other crimes allegedly committed against detainees at the prison in Tripoli.
Reacting to the decision, migrant distress network Alarm Phone described the ruling as “historic” for survivors of crimes committed at Mitiga Prison.
“The International Criminal Court confirmed all 17 charges against El-Hishri. This is a historic decision for survivors of crimes committed at Mitiga prison in Libya,” the organisation said in a statement posted on X.
Alarm Phone also echoed calls by refugee advocacy group Refugees in Libya, saying the prosecution should mark the beginning of broader efforts to hold perpetrators of abuses in Libya accountable.
Similarly, Sea-Watch International hailed the ICC’s decision, noting that the confirmation means the case will now proceed to trial.
The organisation alleged that El-Hishri was a senior member of Libya’s Special Deterrence Force (SDF/RADA) militia and headed parts of Mitiga Prison, where migrants and refugees were subjected to severe human rights violations.
“The ICC confirmed all 17 charges against El-Hishri today. The case is going to trial,” Sea-Watch International said.
It added that people on the move detained at Mitiga Prison had been subjected to murder, torture and sexual violence, describing the prosecution as an important step in addressing longstanding impunity for abuses against migrants in Libya.
Activist Yousef Ismail also welcomed the court’s decision, saying it represented the kind of justice victims had long demanded.
“This is the real number; this is the truth we seek. We always speak of justice and respect for human rights. The International Criminal Court has fairly proven 17 charges against the so-called ‘Hashri,’ the rapist and the gatekeeper of Mitiga,” he wrote on X.
The ICC’s decision has been widely viewed by rights advocates as a significant milestone in efforts to secure accountability for crimes allegedly committed against migrants and refugees held in Libya’s detention system.
Campaigners, however, stressed that the prosecution of El-Hishri should not be the end of international efforts, urging authorities to investigate other individuals allegedly responsible for serious human rights violations in Libya’s detention facilities.
News
Expert raises questions over UNHCR’s strategic direction after new leadership appointments
A former Head of Policy Development and Evaluation at the UN Refugee Agency (UNHCR), Jeff Crisp, has suggested that the organization’s newly announced leadership appointments could signal a shift in its priorities away from refugee protection and asylum toward humanitarian assistance and development.
Reacting to the appointments in a post on X, Crisp said the selection of the agency’s new senior officials “suggest that the agency might be going to focus on humanitarian assistance & development issues rather than refugee protection & asylum.”
He added that his concerns were reinforced by UNHCR’s support for the European Union’s Pact on Migration and Asylum.
“A suspicion strengthened by UNHCR’s endorsement of the EU Pact on Migration & Asylum,” Crisp wrote.
His comments came shortly after United Nations Secretary-General António Guterres announced the appointments of Tressa Rae Finerty as Deputy High Commissioner for Refugees, Antón Leis García as Assistant High Commissioner for Operations, and Edem Wosornu as Assistant High Commissioner for Protection.
UN High Commissioner for Refugees Barham Salih welcomed the appointments, saying the three officials bring extensive experience in humanitarian affairs, international cooperation and refugee protection. They are expected to assume their duties in the coming weeks.
Crisp’s remarks reflect concerns held by some refugee rights advocates and migration experts who have argued that UNHCR faces increasing pressure to balance its traditional mandate of protecting refugees and defending the right to asylum with expanding responsibilities in humanitarian response, development cooperation and migration management.
The appointments come at a time when the agency is grappling with record levels of forced displacement worldwide, shrinking humanitarian funding and increasingly restrictive asylum policies in many parts of the world.
News
Conflict, displacement fuel Ebola outbreak in Eastern DR Congo, NRC warns
The Norwegian Refugee Council (NRC) has warned that the ongoing Bundibugyo Ebola outbreak in the Democratic Republic of Congo (DRC) is spreading in communities already devastated by years of armed conflict, displacement and inadequate access to basic services, urging the international community to step up funding and political support for the response.
In a statement, NRC’s Country Director in DR Congo, Eric Batonon, said the outbreak was unfolding in Ituri province, the current epicentre of the epidemic, where thousands of displaced people have spent years living in overcrowded shelters with poor sanitation and limited healthcare.
According to Batonon, prolonged violence by armed groups competing for control of land and mineral resources has forced millions from their homes, while the humanitarian crisis has received insufficient attention from donors and the international community.
He said these conditions had created an environment in which Ebola has been able to spread rapidly, contributing to the rising number of infections.
Batonon stressed that infection prevention and control measures must remain central to the response, adding that affected communities should play a leading role in shaping response strategies.
He said building trust and engaging directly with local populations would be critical to containing the outbreak, arguing that Ebola can only be effectively controlled when community priorities guide public health policies.
The NRC said it has intensified its Ebola response in eastern DRC through community awareness campaigns and preventive health measures. The organisation is establishing handwashing stations, distributing hygiene supplies and supporting efforts to reduce the risk of infection in affected communities.
It also said its teams are working to minimise disruptions to children’s education by helping schools operate safely during the outbreak.
In addition, NRC staff are assessing the impact of the epidemic on internally displaced persons in Ituri as well as neighbouring North and South Kivu provinces, where many people continue to live in overcrowded camps with inadequate sanitation facilities.
The findings, Batonon said, will help shape humanitarian interventions for some of the country’s most vulnerable populations.
The NRC noted that DR Congo has appeared on its annual list of the world’s most neglected displacement crises every year over the past decade, reflecting what it described as persistent international neglect of the humanitarian situation in the country’s east.
Batonon called on donors to provide flexible and sustained funding while increasing political engagement to ensure the Ebola response can outpace the spread of the disease and address the underlying humanitarian conditions that have worsened the outbreak.
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