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Essay / South Africa Case Study - 1529
Border management and management in South Africa. In South Africa, human mobility is of great concern, particularly in relation to fundamental issues of migrant rights and security. In early 2011, a United Nations delegation called on South Africa to "improve social cohesion and measures against discrimination, exploitation, the tendency of police and immigration officials to ignore the rights of migrants and the general absence of a comprehensive immigration policy integrating human rights protection and security. Statements by Nkosazana Dlamini-Zuma, then interior minister and now secretary-general of the African Union, have sparked ambivalence about the protection of migrants and asylum seekers in South Africa. This comes from the lie that migrants pose a threat to the economic and political transformation of the country. The Consortium for Refugees and Migrants in South Africa (CoRMSA, 2010) argues that efforts to establish a system of policies and laws that protect migrants and refugees cannot be separated from the goal of building an Africa of the South just and transformed. The African Refugees Act and the Immigration Act have both been proposed for critical amendments. South Africa's Deputy Home Affairs Minister, Fatima Chohan, said the proposed amendments would make it more difficult for those who try to abuse South Africa's asylum process. In fact, the proposed amendment constitutes a direct denial of the already limited rights of those fleeing persecution to seek safety and protection within South Africa's borders. While these laws were still in the modification phase, the Ministry of the Interior has already started their implementation, notably with the pre-selection exercise...... middle of paper...... kers grossly violates Article 33 of the 1951 United Nations Refugee Convention on the principle of “non-refoulement”, which is part of customary international law. The European Court of Human Rights also found this same practice illegal and further ruled that returning an Eritrean to their country of origin where the asylum system was weak constituted “indirect refoulement”. According to the Universal Declaration of Human Rights (article 13-2), “Everyone has the right to leave and return to any country, including his own.” The most crucial thorny question in the case of South Africa is: if the right to emigrate is accepted, what is the parallel with immigration? This question raises crucial questions about the relevance of contemporary migration policies, which are increasingly restrictive, making international mobility particularly problematic. It was noted that,