South Africa Engages USA on Refugee Resettlement Concerns

The Department of International Relations and Cooperation (DIRCO) has engaged its United States of America (USA) counterparts on the resettlement of South Africans claiming refugee status in that country.

This follows reports that the US is preparing to fly at least 50 Afrikaaner South Africans to the US as early as this coming week.

In a statement, DIRCO revealed that Deputy Minister Alvin Botes on Friday held a cordial discussion and raised concern with US Deputy Secretary of State, Christopher Landau, in this regard.

DIRCO noted the internationally recognised definition of refugees, as set out in the 1951 Refugee Convention and its 1967 Protocol.

“The Convention defines a refugee as someone with a ‘well-founded fear of persecution’ based on race, religion, nationality, membership of a particular social group, or political opinion.

“South Africa acknowledges that the determination of refugee status requires a factual assessment in light of the prevailing circumstances, having due regard for both subjective and objective factors,” the statement read.

The department maintained that “allegations of discrimination are unfounded” in this particular regard.

“The South African Police Service (SAPS) statistics on farm related crimes do not support allegations of violent crime targeted at farmers generally or any particular race. There are sufficient structures available within South Africa to address concerns of discrimination.

“Moreover, even if there are allegations of discrimination, it is our view that these do not meet the threshold of persecution required under domestic and international refugee law,” DIRCO said.

The department said it was “most regrettable” that it appears that the resettlement, under the guise of being “refugees”, is “entirely politically motivated and designed to question South Africa’s constitutional democracy”.

“[South Africa is] a country which has in fact suffered true persecution under apartheid rule and has worked tirelessly to prevent such levels of discrimination from ever occurring again, including through the entrenchment of rights in our Constitution, which is enforced vigorously through our judicial system.

“In addition, it is not clear how the principle of non-refoulement will be applied in relation to these citizens once they are resettled,” DIRCO said.

South Africa’s Constitution strictly prohibits any form of discrimination, directly or indirectly, against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.

“Through progressive judgements from the South African courts, particularly the Constitutional Court, our State has demonstrated a principled commitment to protect minorities and vulnerable groups. This shows the extent to which South Africa is working towards a country in which every citizen is free and protected,” the department said.

Through diplomatic channels, DIRCO has requested the following information:

• The status of persons that will be departing, whether as asylum seekers, refugees or ordinary citizens, and
• Assurances as to whether the persons have been appropriately vetted by competent South African authorities to ensure that they do not have any outstanding criminal cases pending against them, amongst others.

“Whilst South Africa challenges the United States’ assessments of alleged refugee status, it will not block citizens who seek to depart the country from doing so, as it also observes their right of freedom of movement and freedom of choice, specifically the right to leave the country, as contained in section 21(2) of the Constitution.

“However, it is essential that in doing so, South Africa ensures that it is compliant with other domestic laws and prescripts.

“The Government of South Africa remains dedicated to constructive dialogue with United States of America, anchored in mutual respect for sovereignty, the rule of law, and a shared commitment to deepening mutually beneficial bilateral partnership,” the statement concluded. – SAnews.gov.za