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AAAPROHIBITED PERSONS@@@ Abuse of Undocumented Migrants, Asylum-Seekers, and Refugees in South Africa Human Rights Watch New York AAA Washington AAA London AAA Brussels Copyright 8 March 1998 by Human Rights Watch All rights reserved. Printed in the United States of America. ISBN 1-56432-181-9 Library of Congress Catalog Card Number: 98-84835 Addresses for Human Rights Watch 350 Fifth Avenue, 34th Floor, New York, NY 10118-3299 Tel: (212) 290-4700, Fax: (212) 736-1300, E-mail: [email protected] 1522 K Street, N.W., #910, Washington, DC 20005-1202 Tel: (202) 371-6592, Fax: (202) 371-0124, E-mail: [email protected] 33 Islington High Street, N1 9LH London, UK Tel: (171) 713-1995, Fax: (171) 713-1800, E-mail: [email protected] 15 Rue Van Campenhout, 1000 Brussels, Belgium Tel: (2) 732-2009, Fax: (2) 732-0471, E-mail: [email protected] Web Site Address: http://www.hrw.org Listserv address: To subscribe to the list, send an e-mail message to [email protected] with Asubscribe hrw-news@ in the body of the message (leave the subject line blank). Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. We investigate and expose human rights violations and hold abusers accountable. We challenge governments and those who hold power to end abusive practices and respect international human rights law. We enlist the public and the international community to support the cause of human rights for all. HUMAN RIGHTS WATCH Human Rights Watch conducts regular, systematic investigations of human rights abuses in some seventy countries around the world. Our reputation for timely, reliable disclosures has made us an essential source of information for those concerned with human rights. We address the human rights practices of governments of all political stripes, of all geopolitical alignments, and of all ethnic and religious persuasions. Human Rights Watch defends freedom of thought and expression, due process and equal protection of the law, and a vigorous civil society; we document and denounce murders, disappearances, torture, arbitrary imprisonment, discrimination, and other abuses of internationally recognized human rights. Our goal is to hold governments accountable if they transgress the rights of their people. Human Rights Watch began in 1978 with the founding of its Europe and Central Asia division (then known as Helsinki Watch). Today, it also includes divisions covering Africa, the Americas, Asia, and the Middle East. In addition, it includes three thematic divisions on arms, children=s rights, and women=s rights. It maintains offices in New York, Washington, Los Angeles, London, Brussels, Moscow, Dushanbe, Rio de Janeiro, and Hong Kong. Human Rights Watch is an independent, nongovernmental organization, supported by contributions from private individuals and foundations worldwide. It accepts no government funds, directly or indirectly. The staff includes Kenneth Roth, executive director; Susan Osnos, associate director; Michele Alexander, development director; Cynthia Brown, program director; Barbara Guglielmo, finance and administration director; Patrick Minges, publications director; Jeri Laber, special advisor; Lotte Leicht, Brussels office director; Carroll Bogert, communications director; Jemera Rone, counsel; Wilder Tayler, general counsel; and Joanna Weschler, United Nations representative. The regional directors of Human Rights Watch are Peter Takirambudde, Africa; José Miguel Vivanco, Americas; Sidney Jones, Asia; Holly Cartner, Europe and Central Asia; and Hanny Megally, Middle East and North Africa. The thematic division directors are Joost R. Hiltermann, arms; Lois Whitman, children=s; and Dorothy Q. Thomas, women=s. The members of the board of directors are Jonathan Fanton, chair; Lisa Anderson, Robert L. Bernstein, William Carmichael, Dorothy Cullman, Gina Despres, Irene Diamond, Adrian W. DeWind, Fiona Druckenmiller, Edith Everett, James C. Goodale, Jack Greenberg, Vartan Gregorian, Alice H. Henkin, Stephen L. Kass, Marina Pinto Kaufman, Bruce Klatsky, Harold Hongju Koh, Alexander MacGregor, Josh Mailman, Samuel K. Murumba, Andrew Nathan, Jane Olson, Peter Osnos, Kathleen Peratis, Bruce Rabb, Sigrid Rausing, Anita Roddick, Orville Schell, Sid Sheinberg, Gary G. Sick, Malcolm Smith, Domna Stanton, Maureen White, and Maya Wiley. Robert L. Bernstein is the founding chair of Human Rights Watch. ACKNOWLEDGMENTS This report is based on research conducted in South Africa by Peter Bouckaert, Orville Schell Fellow in the Africa division of Human Rights Watch, and consultants Busani Selabe of the University of the Witwatersrand Refugee Research Programme (RRP), Jonathan Klaaren of the University of the Witwatersrand Faculty of Law and the Centre for Applied Legal Studies (CALS), and Jeff Handmaker of Lawyers for Human Rights (LHR). The report was written by Peter Bouckaert, based on an earlier draft by Busani Selabe and additional work by Bronwen Manby, counsel in the Africa division of Human Rights Watch, and Chris Dolan, formerly of the RRP. Bronwen Manby wrote the appendix on the obligations of South Africa under international law, the section on domestic legislation (based in part on work done by Jonathan Klaaren), and edited the report. The report was also edited by Peter Takirambudde, executive director of the Africa division, Binaifer Nowrojee, counsel, Wilder Tayler, general counsel, and Jeri Laber, senior advisor. The section of the report addressing conditions of detention was further edited by Joanne Mariner, associate counsel and the coordinator of prison work. Ariana Pearlroth, associate of the Africa division, Lucinda Saunders, intern in the Africa division, and Patrick Minges, publications director, provided invaluable production assistance. Human Rights Watch would like to thank its many NGO partners who contributed to the report by offering their opinions and by facilitating interviews and visits. In particular, we would like to thank Lee Anne de la Hunt of the University of Cape Town Law Clinic; William Kerfoot and Catrin Verloren Van Themaat of the Legal Resources Centre (LRC); Sheena Duncan and Alison Tilley of the Black Sash; and Vincent Williams of the South African Migration Project (SAMP) at the Institute for Democracy in South Africa (IDASA). Jonathan Klaaren of CALS assisted in the writing of the report, provided legal analysis, and participated in a number of visits and interviews in the Johannesburg and Mpumalanga border area. Jeff Handmaker of LHR also contributed legal analysis, and helped set up and conduct our interviews in the Pretoria area. Busani Selabe of the RRP conducted some of interviews and visits for this report, and Chris Dolan and Nicola Johnston of the RRP allowed us access to their extensive research files. Human Rights Watch would also like to thank the many South African officials who agreed to be interviewed for this report and who facilitated access to detention facilities. Human Rights Watch recognizes with appreciation funding for work on South Africa from the Netherlands Organization for International Development Cooperation (NOVIB). Most of all, we would like to acknowledge the many undocumented migrants, asylum-seekers, refugees and others who agreed to speak with us and provide information for this report. CONTENTS I. SUMMARY ......................................................................................................1 Abuses Against Undocumented Migrants in South Africa .............................2 Abuses Against Asylum-Seekers and Refugees..............................................3 Xenophobia and Abuse of Foreigners ............................................................4 The Stalled Policy Debate ..............................................................................6 II. RECOMMENDATIONS.................................................................................7 Recommendations to the Government of South Africa ..................................7 Recommendations to the State Institutions Supporting Constitutional Democracy........................................................................13 Recommendations to the Office of the United Nations High Commissioner on Refugees (UNHCR).....................................................13 Recommendations to the Southern African Development Community (SADC) ....................................................................................................14 III. INTRODUCTION........................................................................................15 Migration to South Africa Today .................................................................19 Brief History of Migration to South Africa ..................................................22 Labor Migration to South Africa..........................................................22 The Destabilization of the Frontline States by the Apartheid Regime..24 The Repatriation of Mozambican Refugees .........................................29 The SADC Amnesty.............................................................................31 IV. THE TREATMENT OF UNDOCUMENTED MIGRANTS IN SOUTH AFRICA .......................................................................................................36 Labor Exploitation .......................................................................................36 Abuses During
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