While several factors shaped the AU's renewed commitment to mobility, the 2015 European migrant crisis, during which more than 2 000 Africans drowned while crossing the Mediterranean from North Africa, stressed the urgency of developing continental solutions for safe and dignified movement. Equally, the 2017 revelations of slave markets in Libya increased the urgency for Africa to safeguard the dignity and rights of its people within the continent rather than through perilous external routes.

Nearly a decade later, free movement remains uneven and fragmented. The persistence of irregular migration, displacement crises and migrant rights violations reveals that Africa's challenge lies not in the absence of migration and protection policies, but in their multiplicity, inconsistency and limited implementation across AU institutions, Member States and Regional Economic Communities.

For policymakers, this fragmentation presents a serious governance dilemma. Despite progressive frameworks like the Free Movement Protocol (FMP), the Migration Policy Framework for Africa (MPFA) and the African Union Transitional Justice Policy (AUTJP), migration governance and justice mechanisms operate in silos. This disconnect weakens continental efforts to ensure safe and dignified mobility, excludes people on the move from justice avenues, and undermines Africa's own vision of a prosperous and integrated continent.

This policy paper argues that bridging migration governance and transitional justice frameworks can strengthen accountability, enhance protection for people on the move, and advance the AU's goal for a borderless and inclusive continent.

In 2025, the lived realities of refugees in South Africa and worldwide remain deeply complex. Many continue to face systemic barriers, including socio-economic hardship, xenophobia, limited access to basic services, and social exclusion. Despite these challenges, refugees remain integral members of our communities, contributing meaningfully through their skills, cultures, entrepreneurship, and lived experiences. Their presence enriches the social fabric of our nation and embodies perseverance in the face of adversity.

At CSVR, we believe that protecting the rights and dignity of refugees is not only a legal obligation but also a moral imperative. Their stories of survival and courage must inspire urgent and sustained action. We call for implementing inclusive and humane policies that recognise refugees not as burdens, but as fellow human beings deserving of safety, opportunity, and belonging.

We also acknowledge the tireless efforts of civil society, faith-based organisations, and grassroots movements to promote refugee protection, challenge xenophobia, and advocate for social cohesion. However, more must be done. We call on the South African government and every national government across the globe, policymakers, and every citizen to recommit to upholding the principles of justice, equality, and humanity.

As Justice Zukisa Tshiqi once reminded us, "In a democratic society, we must be vigilant in protecting the rights of those who seek refuge from persecution. Our response to refugees defines our character as a nation." Similarly, we echo Justice Edwin Cameron, who said, "the law must protect the most vulnerable among us, including refugees. Their plight is a measure of our own humanity and the values we hold dear as a society."

Let us honour World Refugee Day not only in words but also in action by challenging xenophobia, dismantling structural inequalities, and building a society where no one is left behind. Let us stand with refugees, not just today but every day, as we work toward a more just, inclusive, and compassionate South Africa.

Gold mining, in particular, has been a key industry in the region, shaping the economic landscape for much of the 20th and early 21st centuries.

The cyclical nature of the mining industry is often at odds with the need for long-term economic stability in local communities.

When mines close or reduce operations, the unemployment rate rises, and the local population suffers from a lack of alternative economic opportunities. In response to the lack of formal employment opportunities in the wake of mine closures, informal mining operations have flourished.

These operations, carried out by individuals or small groups without formal authorisation, can be seen as a desperate attempt by local and migrant miners from the Southern African region to sustain themselves amid the absence of alternative livelihoods.

Xenophobia continues  

For years South Africa has been grappling with sporadic and sometimes lethal xenophobic harassment and violence against African and Asian foreign nationals living in the country, including refugees, asylum seekers, and both documented and undocumented migrants.

In 2019, the government initiated a five-year National Action Plan to combat xenophobia, racism, and discrimination. Despite this, sporadic incidents of xenophobic discrimination and violence have continued.

It is important at this point to briefly examine the prima facie reasons given by South Africans for their intolerant attitudes towards foreign nationals, and assess the extent to which these attitudes are based in fact to identify root causes.

What exactly are these sentiments and how entrenched are they? Although it is difficult to define the extent of xenophobic sentiments among the population precisely, it is clear from multiple public opinion surveys that many South Africans do not trust foreign nationals.

READ | Jeff Wicks: Minister Ntshavheni, we see the hypocrisy below the surface in your Stilfontein vitriol

The South African Reconciliation Barometer (SARB), a nationally representative survey conducted by the Institute for Justice and Reconciliation, found that foreign nationals from other African countries were the least trusted group among South Africans in 2023. More than half (55%) of all respondents said they either trust foreign nationals not very much or not at all.

While media sensationalism cannot be regarded as the sole reason for public attitudes and perceptions of migrants, they are a contributing factor. The paradigm of all African migrants as criminals has found a home in many of the local news outlets.

Recent developments in Stilfontein, a mining town in North West province, have ignited xenophobic sentiments regarding the informal miners known as "ama-Zama Zama". AmaZama Zama is known to hail from different (economically depressed parts) parts of Southern Africa, such as Lesotho, Malawi, Mozambique, and Zimbabwe.

This activity and attraction to mining are not new to South Africa, as labour from different parts of the region formed part of the making and formation of modern South Africa. This forms an interesting nexus, as the Stilfontein was founded based on mining and the discovery of gold in the late 1940s, with a mix of local and foreign migrant labour.

Failure to regulate 

However, the situation is more complex, and solidarity with these workers and migrants remains limited. On one hand, the majority of these black men appear to be young, while the connections between organised criminal syndicates, corporate interests, and governance issues are often downplayed.

Despite their informal status, the miners are organised, with access to food, transportation, and communication with their families. The focus tends to be on this group of precarious workers on the frontlines.

As we reflect on this moment, we must ask: what drives these young men to choose to die underground rather than risk deportation? Is it fear of their employers or the threat to their families if they speak out?

The focus should shift toward preserving lives by facilitating the safe return of miners, as well as conducting a thorough investigation into informal mining operations and their links to organised crime. This responsibility falls on regulatory authorities of the state, which leads to compounding issues regarding mining activity in the country.

READ | OPINION: From desperation to opportunity – The case for reopening SA's abandoned gold mines

The failure to regulate and monitor the full rehabilitation of mines by the Department of Mineral Resources and Energy (DMRE) after their closure also remains a concern that has serious implications for the surrounding communities. Despite Stilfontein being rehabilitated, this questions whether the mine met its full rehabilitation requirements before the DMRE issued a closure certificate.

Additionally, whether it adhered to the Mineral and Petroleum Resources Development Act (MPRDA) and The Mines Health and Safety Act requires mine shafts and tunnels to be safely closed or sealed at the end of the mine's life to prevent unauthorised entry.

This complex nexus of events points to the government's failure and inadequacy in rehabilitating mines and the state's failure to grapple with the frustrations of mining communities that were once the centre of economic activities but are no longer. It also points to mining companies and the state's failure to ensure their responsibilities were adhered to and completed.

This has made the issue a political and security problem concerning the "myth" of the possibly undocumented miner rather than taking accountability for their role in the matter.

A culture of violence 

Xenophobia in South Africa has been particularly disturbing because of its violent manifestation. There exists in this country what has been termed "a culture of violence", defined as being a situation where the use of violence has "become normative instead of deviant" and is viewed as an acceptable response in conflict resolution.

There is an urgent need for the South African government to address the systemic inefficiencies that lead to xenophobic violence. Despite the profound shift in the political landscape of South Africa, the immigration policy remains very much rooted in the thinking and assumptions of the past, not merely in its racially discriminatory impact but equally in its emphasis on the security paradigm of immigration.

Consequently, political figures often use this form of rhetoric as an electioneering strategy and as a mode of scapegoating for their lack of service delivery in the country, which risks fuelling more xenophobic violence, jeopardising the protections in the South African Constitution and international law, not only for foreign nationals but for South African citizens.

The dangerous rhetoric by Minister in the Presidency Khumbudzo Ntshavheni of telling the media recently, "We will smoke them out", concerning the informal miners in Stilfontein is not a shocking response from government officials. But it is not the first.

These reflect the state's failure to uphold its commitment to the National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance. Therefore, community leaders and government officials should avoid using inflammatory xenophobic language, which further fuels xenophobic attitudes.

This article was originally published on News24

In South Africa, migration remains a multifaceted issue owing to persistent socioeconomic disparities and ongoing regional instability, leading to significant migration from various African nations. On the other hand, the migration of Africans in the last three decades was met with a lack of integration systems to foster integration and social cohesion with locals. Consequently, some South Africans, especially those who live in marginalized communities, struggle to live harmoniously with other African migrants. Many factors contribute to this disharmony, and one of them is the competition for scarce resources among community members, especially for those who live in the margins of urban settings. Additionally, the rise of social media has provided a platform for the rapid spread of misinformation and hate speech. False narratives about foreigners stealing jobs, committing crimes, or exploiting social services are also attributed to fueling xenophobic attitudes and behaviours. Feeding into this attitude is that most African migrants live in poor communities, unlike migrants from other parts of the world, such as Europeans, who do not experience anti-migrant sentiments and attitudes or attacks because they live in affluent areas.

These anti-migrant narratives are spread without considering some positive relationships that exist within the local and migrant communities. For example, migrants, especially those running businesses, engage in some Corporate Social Responsibilities (CSRs) or charitable activities to assist locals in difficult situations, such as planning funerals. During the COVID-19 pandemic, some African migrants in various communities collected money amongst themselves and bought groceries for needy households in South Africa. During our community work in Knysna, it was found that African migrants collected R100 000 to buy groceries during that period, which signifies positive and socially cohesive relationships. Unfortunately, these are some of the stories that are not told in the public domain. Within this context, leaders of society, particularly politicians who are gunning for votes, use divisive narratives and other actions that undermine the peaceful coexistence of locals and effectively stoke conflicts between these groups.

In Gqeberha, community structures create platforms for dialogue and implement programmes to foster relationships between migrants and locals. If social unrest is in another place and likely to spill into their communities, leaders can mobilize the community to prevent such acts. In addition, migrants in this community work as a collective regardless of their nationalities and have elected leaders to represent their voices in broader community structures.

In Motherwell, several communities and CPF members said they communicate very well with one another, and people get together to deal with issues affecting them, especially on the street level. For example, community members say they get together to prevent criminal activity in the street or shop towards a local or foreign national. In the long run, these acts and interactions enhanced social cohesion between locals and migrants.

As we celebrate 30 years of democracy, we must reflect on where we come from as a country and ensure that post-apartheid politics and state policy should focus on unity and community-based reconciliation; we must reimagine a more cohesive country in which migrants and locals can live together in Harmony. Politicians have a crucial role in society, especially in building a peaceful society that includes every person living in the country regardless of gender, nationality, and race. Political leaders should avoid divisive and inflammatory rhetoric and instead focus on policies and strategies promoting inclusivity, tolerance, and unity. Civil society organizations, media outlets, and technology companies should work together to combat the spread of misinformation and hate speech on social media platforms and other online forums. Furthermore, efforts should be made to strengthen democratic institutions, promote good governance, and ensure that the government is responsive to the needs of all its citizens, regardless of their nationality or background. Moreover, community-based initiatives that bring together people from diverse backgrounds can help foster understanding, empathy, and mutual respect among community members. By addressing these underlying issues and promoting positive engagement and dialogue, South Africa can work towards building a more cohesive and inclusive society, particularly during the sensitive period of elections.

This article was originally published by AfricLaw

Human Rights Day is one such day that serves as a moment of reflection and commemoration for those who lost their lives in the Sharpeville Massacre of 1960. The events of 21 March 1960, which started as a peaceful march against the Apartheid pass laws, turned into one of the most tragic human massacres when the police force killed 69 people including 29 children and injured over 180 people. This day marked a major turning point in South African history as it resulted in an intensified armed struggle for liberation from the brutality and inhumanity of Apartheid.

In 2024, South Africa marks the thirtieth anniversary of its democracy, a poignant reminder of the sacrifices made to achieve freedom. As we commemorate March 21 this year, it is important to pause, reflect, and assess the trajectory of human rights since the transition to democracy. Since the end of apartheid in 1994, Black South Africans have experienced the most severe human rights violations, enduring continued marginalization and vulnerability.  Despite strides toward equality, gross violations of human rights persist within the Black South African community, underscoring the ongoing struggle for justice and equality.

As the country celebrates thirty years of democracy, it is crucial to assess the ongoing challenges and opportunities to the current state of human rights and explore the extent to which they are respected, protected and fulfilled.

Right to education

Everyone has the right to basic education, according to section 29 of the South African Constitution. However, the public education system continues to be characterized by dilapidated school infrastructure, overcrowded classrooms and relatively poor educational outcomes. For example, schools across rural communities in South Africa have unsafe pit latrines. While progress has been made in improving access to education, various assessments and analyses indicate that very little has changed in terms of quality education provided in these schools. This underscores the urgent need for concerted efforts to address systemic issues and ensure all students have access to safe and adequate learning environments.

Right to life and security

Among the many distressing problems facing South Africa at the moment is the high level of violent crime. South Africa's crime statistics for the third quarter of 2023 show that people continue to face a serious problem of violent crime, especially murder and attempted murder. The country's per capita murder rate for 2022/23 was the highest in 20 years at 45 per 100,000 (a 50% increase compared to 2012/13). While the government is exploring different strategies to curb this, the 'one-size-fits-all' approaches to addressing murder are unlikely to be effective. Responses should be adapted to respond to the drivers of murder, focusing on high-murder localities.

The right to adequate housing

In South Africa, homelessness is a political and ideological matter. Architects of Apartheid used landlessness, unemployment, poverty and homelessness among "blacks" and "coloureds" as a form of social control and oppression. As such, the South African Constitution in section 26 provides that 'everyone has the right to have access to adequate housing'. Furthermore, the Constitution makes it obligatory for the state 'to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right'. To date, informal settlements in South Africa have grown in size and population. This is despite the slow progress made by the government-funded Reconstruction and Development Programme (RDP).

 Refugees' and migrants' rights

If we are to fully explore the state of human rights in South Africa, we must mention the human rights violations faced by Black Africans in the hands of fellow South Africans. Black Africans continue to suffer from discrimination and bigotry, including abuse and violence with life-threatening consequences. It is our collective responsibility to root out Afrophobia and xenophobia, which undermines our prospects for a just and equitable African continent.

 To conclude, we cannot, in 2024, celebrate Human Rights Day without noting the human rights violations and humanitarian atrocities taking place in other parts of our continent, for example, in Mali, South Sudan and across the world, in particular in Gaza.  Whatever one's views on what brought the world to this point in the Israeli-Palestinian conflict, we should be able to agree that human suffering is unacceptable and unnecessary and should be halted as soon as possible.

Human Rights Day is a commemoration, but prospectively it continues to mark the rights enshrined in our constitution that are as important and relevant now as they were in 1994. It is the events of the past and the uncertainty of the future that present a stark reminder that now, more than ever before, our national commitment to human rights should be prioritized going forward.

To address the ongoing problem of human rights violations in the country, the government needs to implement strategies such as strengthening legal frameworks, increasing public awareness and education, and encouraging community participation. These strategies, when combined with effective implementation and monitoring, can significantly reduce human rights violations and promote a culture of respect for human rights in the country.

 This article was originally published by Daily Maverick