The State of Human Rights Access by African Migrants: Thirty Years of Democracy in South Africa.

By: Stanley Ehiane

Africa has always been a continent of migration and mobility, with cross-border travel providing opportunities for migrants and their communities, as well as the continent’s progress. Human trafficking victims, refugees, and asylum seekers are examples of international migrants, as cross-border travels are driven by the need for economic advancement or family reunion. During the colonial era, the emergence of industrial mining, commercial agriculture, and the railway sector marked the beginning of the historical trend of worker mobility. South Africa is the economic hub of Southern Africa and the most popular destination for outside migration. According to the United Nations, South Africa is the continent’s largest host of migrants.

Infer from the above, African migrants’ access to human rights in South Africa has long been a contentious issue. Although everyone in South Africa, including migrants, is granted human rights under the constitution, the reality regularly falls short of these ideals. As South Africa approaches three decades of democratic rule, it is critical to assess the progress of human rights since the end of apartheid and the advent of democratic governance. The 30th anniversary of South Africa’s first democratic elections is in 2024, and these 30 years have witnessed extraordinary progress, marked by victories and challenges such as corruption, inequality, unemployment, and service delivery. South Africa dealt with these difficulties until 2023, while simultaneously trying to strengthen its democratic institutions and ensure that all of its citizens’ aspirations of freedom and equality were met.

It would be inconsiderate and unfair not to acknowledge South Africa’s achievements since 1994; they are significant but impeded by government failures and unusually high levels of human rights violations. South Africa is widely regarded as a human rights authority, as evidenced by its participation in international affairs, which includes membership in the Human Rights Council and an ongoing invitation to the Council’s Special Procedures, as well as its global advocacy for the abolition of racism and the advancement of justice and accountability.

In his remarks during the 30 Years of Human Rights in South Africa National Conference, the president of South Africa, Cyril Ramaphosa, said “We can be justifiably proud of how far we have come in advancing our constitutional, human rights-based order over the past 30 years, given all these destructive effects, the negation and denial of the human rights of millions of people.”  It is critical to recall that, contrary to expectations, the victory of democracy in South Africa following the end of apartheid did not result in huge and revolutionary advancements in human rights on a national and international scale. Furthermore, Thabo Mbeki stated in May 2001 that “any evidence of xenophobia” directed towards African immigrants must be properly observed by all South Africans. He argued that it is “fundamentally wrong and unacceptable” for South Africans to treat tourists who identify as friends as opponents. This is an extremely important and timely statement from South Africa’s highest government official. In this regard, considering the state of African migrants’ access to human rights in South Africa after thirty years of democracy means evaluating progress, challenges and outstanding concerns.

South Africa has made great progress towards justice, equality, and human rights since the end of apartheid in 1994. However, African migrants in South Africa encounter several challenges, including violence, discrimination, and xenophobia. African migrants have been the target of xenophobic attacks, which have resulted in deaths, displacement, and misery. Xenophobic attacks have killed, displaced, and traumatised people, raising major human rights concerns. Without a doubt, South Africa’s constitution, adopted in 1996, enshrines a wide variety of human rights, including equality, dignity, and freedom from discrimination, which theoretically apply to all persons inside its boundaries, including migrants. These attacks are typically driven by socioeconomic concerns such as severe unemployment and poverty, as well as feelings of resource and job rivalry. Furthermore, the establishment of organisations such as the Refugee Appeals Authority and the South African Human Rights Commission (SAHRC) has provided avenues for resolving human rights violations and fostering accountability. Despite statutory safeguards, violence against African migrants and xenophobic sentiments persist.
Migrants in South Africa face exploitation, unfair labour practices, and workplace discrimination regularly, particularly in the informal sector. Restrictive immigration policies and xenophobic sentiments may impede migrants’ access to excellent jobs and economic security. Migrants typically face barriers to justice such as mistrust of law enforcement, fear of deportation, and language barriers. As a result, many human rights violations against migrants go unreported and unpunished, perpetuating the vicious cycle of vulnerability and impunity.

The nation’s immigration rules and processes have a significant impact on African migrants’ access to human rights in South Africa. Many migrants face difficulty in obtaining legal status, putting them in danger of being exploited and abused by landlords, employers, and law enforcement. Human Rights Watch agrees that South Africa has the ability, under international law, to regulate foreign nationals’ entry and movement within its borders. Human Rights Watch documented deplorable conditions in many unlawful migrant detention facilities. The majority were quite crowded. Some were dirty, stinking, gloomy depressing, and swarming with lice.  African immigrants may struggle to access essential services such as healthcare and education, especially if they lack legal status. Language barriers, racism, and a lack of documentation usually prevent migrants from receiving the same services as South African locals. Furthermore, discrimination against African migrants in South Africa is prevalent in housing, employment, and other areas of life. This discrimination may limit their opportunities for social and economic advancement, perpetuating cycles of marginalisation and poverty.

For more than a century, South Africa has served as the heart of a large labour movement network throughout southern Africa. The mainstream media has focused its emphasis on migration issues in the new South Africa. A sizable percentage of the media is misinformed and believes unfounded beliefs about how immigration destroys the economy, increases crime and reduces drug use. Despite these barriers, measures are underway to improve the human rights situation for African migrants in South Africa. To protect the rights of all South African citizens, regardless of nationality or immigration status, civil society organisations, advocacy groups, and international organisations work to raise public awareness of migrant rights issues, provide assistance and services to migrants, and advocate for legislative changes.
Nonetheless, addressing issues such as xenophobia, discrimination, and access to legal status and basic services will require consistent efforts from the government, civil society, and the international community to address the systemic problems that underpin the human rights challenges faced by African migrants in South Africa.

In conclusion, while South Africa has made progress towards human rights since the country’s democratic transition, significant challenges remain before African migrants may be given equal rights and protections. In South Africa, tackling xenophobia and its consequences for human rights and the democratic system necessitates concerted action by government officials, media outlets, civil society organisations, and the general public. It includes fostering diversity, tolerance, and respect for human rights; strengthening immigrant legal protections; holding xenophobic violence perpetrators accountable; and cultivating communication and concord among various people.  Addressing the underlying socioeconomic inequities and frustrations that fuel prejudice and xenophobia is also critical. Finally, preserving immigrant human rights is not only legal but also moral, representing South Africa’s commitment to justice, equality, and dignity for everyone. South Africa can seek to develop a more equal, inclusive, and democratic society for all of its residents by confronting xenophobia straight on while upholding democratic ideals.

Dr Stanley O. Ehiane is a Senior Lecturer in the Department of Politics and Administrative Studies at the University of Botswana, Gaborone, Botswana. He writes in his capacity.