The Department of Home Affairs should exercise leniency and consideration for the undocumented refugees from Glenanda camp in Johannesburg now being detained at the Lindela repatriation centre, the South African Human Rights Commission (SAHRC) said on Wednesday.
Spokesperson Joyce Tlou said although the law must be followed, undocumented people should not be deported, because of the trauma they face following the xenophobic attacks that initially displaced them.
”The Department of Home Affairs must be considerate and exercise leniency when dealing with the undocumented people,” she said.
Some foreigners affected by the xenophobic violence in South Africa were detained at the Lindela centre following their removal from Johannesburg’s Glenanda camp on Tuesday after they refused to apply for temporary identification cards.
In terms of a government arrangement, residents at the camp who could not produce documents were invited to register their details in exchange for being allowed to stay in the country for six months.
Some residents feared that this would cancel existing agreements with the Department of Home Affairs that secured their right to be in the country.
Tlou noted that some of the people in detention are recognised asylum-seekers and refugees.
”The department must verify who they have detained as some of the people are recognised refugees and asylum-seekers. If these people are deported, South Africa risks contravening international law, as these people fled here for protection and are being sent back to where they came from,” she said.
Tlou said the SAHRC is concerned about the ”arbitrary action” the department took in detaining those who refused to register for temporary identification cards.
”From our information there was a breakdown in communication and the displaced people did not understand what the IDs entailed,” she said.
However, the Department of Home Affairs maintained on Wednesday that it has shown compassion in dealing with those detained at the Lindela.
”We have no hidden agenda and have shown compassion towards those in detention from Glenanda,” said spokesperson Cleo Mosana.
Mosana said the department has tried to engage the detainees and convince them to identify themselves but they have refused.
She said the department has requested the United Nations High Commissioner for Refugees to speak to the detainees about the necessity of verifying their documents and identification.
”We have shown compassion. We initially halted deportations after the xenophobic attacks. They still didn’t cooperate,” she said.
Mosana said as far the department was concerned there was no break down in communication with the detainees.
”If they [SAHRC] want to point fingers, well and good. If they have a strategy they are welcome to tell us instead of blaming us,” she said.
Meanwhile, United Nations High Commissioner for Refugees senior protection officer Monique Lekoko, speaking from Lindela, said the department had assured it that recognised refugees and asylum-seekers will not be deported. — Sapa