CAT/C/ZAF/CO/2
(f)
Implement vigorously the six-point plan on gender-based violence,
sexual offences and victim support.
Asylum seekers, refugees, and xenophobic attacks against foreign nationals
36.
While taking note of the State party’s large caseload of refugees and asylum seekers,
the Committee is concerned:
(a)
At reports that the State party is currently reviewing legislation that would
require that asylum seekers report to a refugee reception office by no later than five days
after arriving in the country, or face exclusion from refugee status, which may jeopardize
the principle of non-refoulement, which was confirmed by the Ruta v. Minister of Home
Affairs case;
(b)
At the increase in difficulties in gaining access to the refugee status
determination procedure owing to the closure of a number of refugee reception offices and
the lack of adequate safeguards against refoulement; and at the dismissal of cases without
consideration of the evidence, which has resulted in a significant reduction in the number of
persons being granted refugee status and has led to asylum seekers living in constant fear of
deportation;
(c)
At allegations that some immigration officers refuse to provide even genuine
asylum seekers with asylum transit visas at the port of entry, thereby exposing them to
immediate risk of arrest or deportation, and at reports that refugee status determination
officers cancel or refuse to prolong asylum transit visas if not given a bribe;
(d)
That the Immigration Act of 2002 provides for the holding of an “illegal
foreigner” in custody for up to 120 days without a court hearing; at the prolonged detention,
without a warrant and prior to their deportation, of asylum seekers whose applications have
been rejected at the Lindela Repatriation Centre, in inadequate conditions that include
overcrowding and a lack of hygiene and medical services; and at the proposal contained in
a White Paper to create detention facilities at the country’s borders that would house
asylum seekers while their applications were processed and would limit their rights to work
and movement;
(e)
That xenophobic attacks against foreign nationals, refugees and asylum
seekers, including violence and threats of violence, have continued, resulting in more than
60 deaths, destruction of property and displacement, and that no one has been convicted for
past outbreaks of xenophobic violence;
(f)
At allegations that refugees, asylum seekers, foreign nationals and
undocumented migrants are often turned away from hospitals and clinics, thereby being
denied health care, or are asked to pay up front, with different hospitals charging different
fees (arts. 2, 3, 12–14 and 16).
37.
The State party should:
(a)
Ensure that prospective asylum seekers are allowed to apply for asylum
at any time they might express an intention to do so upon or following their arrival in
the country, regardless of how long they have delayed doing so, and introduce
legislative provisions that enable officials to consider the risk of procedural illtreatment faced by an applicant who may qualify for refugee status;
(b)
Put in place more efficient enforcement mechanisms to guarantee that
the principle of non-refoulement is not violated, and ensure that judicial mechanisms
for the review of decisions of expulsion, return and extradition are in place such that
under no circumstances will a person be expelled, returned or extradited to a country
where he or she would be in danger of being subjected to torture or ill-treatment;
(c)
Eradicate corruption related to arbitrary cancellation and non-renewal
of asylum transit visas and ensure that refugees and asylum seekers do not experience
harassment and abuse by the authorities; facilitate the filing of asylum cases and,
where necessary, the provision of legal representation; ensure the prompt, effective
and fair processing of asylum applications with adequate consideration of the
substance of the case while respecting the principle of non-refoulement;
10