PRETORIA, Gauteng — The African Commission on Human and Peoples’ Rights has concluded a comprehensive five-day Promotion Mission to assess the South Africa human rights record, engaging extensively with government, Parliament, the judiciary, police, civil society, and other key stakeholders.
Leading the briefing on the mission’s preliminary findings, Commissioner Solomon Ayele Dersso outlined the Commission’s observations and stern recommendations regarding the country’s most pressing socio-legal challenges, emphasizing that there are no “silver bullet” solutions to the nation’s complex human rights landscape.
Migrant Rights, Border Management, and Xenophobia
A significant portion of the assessment focused on the treatment of illegal migrants and the recent wave of religious protests and demonstrations precipitated by undocumented immigration. Commissioner Dersso noted that an interministerial task force has been established and a five-point plan implemented by the government to address these issues.
However, the Commission stressed that from a human rights perspective, every individual within the country’s jurisdiction possesses inherent human rights. “The fact that somebody’s undocumented doesn’t actually strip that person of him or her being human,” Dersso explained, affirming that the South African Bill of Rights and the broader human rights framework guarantee protections for everyone, regardless of legal status.
While acknowledging the state’s right to enforce immigration laws and manage its borders, the Commission highlighted the historical context of the nation’s economy, which was built on migrant labor from countries like Mozambique, Malawi, and Zimbabwe. As a major economic hub, South Africa naturally attracts regional movement.
To manage this effectively, the Commission called for a regional and continental framework to facilitate regular movement and combat cross-border human trafficking and criminal enterprises. Domestically, Dersso pointed to the urgent need to eradicate corruption within the border management system, noting that officials are sometimes discharged due to bribery. Furthermore, law enforcement was urged to strictly hold accountable anyone inciting violence or attacking non-nationals.
Tackling Gender-Based Violence and Femicide
Addressing the scourge of gender-based violence (GBV) and femicide, the Commission described the current situation as requiring a “whole-of-society approach.” While patriarchy was identified as a defining foundation for these acts of violence, Dersso emphasized that specific social conditions—such as alcohol abuse, drug use, and economic pressure—require tailored, localized responses rather than copied-and-pasted solutions.
The Commission heavily emphasized the role of law enforcement, calling for a robust, legally sound protection regime. This includes eliminating gaps in the reporting process, ensuring victims are treated properly at police stations, and providing necessary psychosocial and socio-economic interventions prior to prosecution.
The Need for Structural Transformation
Underpinning both GBV and high crime rates are deep-seated structural conditions, including poverty, massive inequality, unemployment, and a lack of human dignity. The Commission noted that the pace of transformation in South Africa “leaves a lot to be desired.”
To reduce the vulnerabilities that lead to violence and crime, the Commission stressed the critical need for women to have secure access to land, land redistribution, and tenure protection. Additionally, ensuring equitable access to education, healthcare, and economic opportunities was highlighted as essential for empowering marginalized communities.
Cracking Down on Illicit Mining
The assessment also touched upon the crisis of illicit mining in the country. The Commission urged authorities to look beyond the immediate arrests of individuals operating inside the mines. Instead, law enforcement and investigative agencies were called upon to thoroughly investigate and prosecute the masterminds and financial backers orchestrating these illegal operations from behind the scenes.
The African Commission’s preliminary findings set a clear mandate for South Africa: addressing its human rights challenges requires persistent, sustained intervention that bridges the gap between strict law enforcement and deep, inclusive socio-economic transformation.
