White Paper on Citizenship in South Africa Faces Harsh Criticism for Alleged Xenophobic Undercurrents

Civil society leaders and legal experts have raised significant concerns regarding the South African government's recent White Paper on Citizenship, Immigration, and Refugee Protection, criticizing the draft for poor drafting and potential xenophobic intentions. This White Paper, which was gazetted on November 10 by the Department of Home Affairs, has called for a substantial overhaul of the existing migration system and has set the deadline of January 19, 2024, for public commentary.

Nabeelah Mia, the head of the Penal Reform Programme at Lawyers for Human Rights, voiced her hesitations regarding the white paper's intent, especially in a country that has witnessed an increase in xenophobic attacks since 2008. Mia suspects that the paper functions as a political tool to scapegoat migrants rather than address the true issues of governance that have led to increased inequality and unemployment.

The roundtable discussion organized by Lawyers for Human Rights, which took place on a Monday, brought together various civil society stakeholders to examine the white paper's contents and its potential repercussions for the rights of refugees, citizens, and migrants in South Africa.

Critiques of the draft policy extended to its vagueness and lack of empirical support for its proposals. James Chapman from the Scalabrini Centre described the document as "poorly drafted" and pointed out that the sweeping statements within it lacked evidence.

Another troubling aspect of the white paper is its apparent attempt to align South African law in a way that would discourage court challenges related to migrant rights. This move seems at odds with the country's constitutional jurisprudence which has traditionally been protective of the rights of asylum seekers and refugees.

Furthermore, the white paper indicates a desire for South Africa to review and potentially withdraw from key United Nations refugee protocols, sparking fears of diminished socioeconomic rights for refugees.

The policy framework proposed would replace three existing national policies, and there is an indication that the consultation process for the finalization of the policy could extend over several years. Kaajal Ramjathan-Keogh of the International Commission of Jurists highlighted the extended process of commitment the white paper has already undergone, implying that further consultations are likely to significantly alter the proposals.

Regarding the specifics of the immigration law changes, the white paper suggests that the Births and Deaths Registration Act should be repealed entirely and proposes that a register of naturalized individuals be maintained by the Home Affairs Minister. It also calls for reviewing aspects of the Citizenship Act and making the naturalization requirements more stringent.

This move towards tightening the naturalization policy has been contested by Thandeka Chauke of the Statelessness Project at Lawyers for Human Rights, who debunks the claim that the pathways to citizenship have been too lenient by highlighting the fact that naturalized citizens only make up around 0.2% of the population.

As the debate continues, it is evident that civil society in South Africa remains vigilant against policy changes that may infringe upon the rights of migrants and potentially bolster xenophobic sentiments in the country.