Refugee and migrant rights project

This report highlights serious human rights concerns in South Africa's immigration detention facilities, in particular the private operated facility at Lindela in Krugersdorp and  the detention centre operated by the SAPS in Musina. The report reveals that despite South Africa's obligations in domestic and international law to comply with basic minimum standards of detention, there are serious violations of these most basic rights ranging from lack of access to drinking water to the most serious violations of torture in detention, which occur with little oversight or legal recourse. The report also raises concerns about the unlawful detention and deportation of bona fide asylum seekers and refugees, and their lack of access to the legal protections guaranteed to them in law.

This background paper is intended to contribute to the discussion by presenting a summary of key issues and response options, on the basis of expert analysis of international experiences. Without prescribing a specific governmental response, this document argues that some kind of coherent response is necessary at this point in time, and sets out a framework for evaluating the appropriateness and potential impacts of different responses.