NGOs appeal to Parliament to consider vulnerable groups in amendments to Immigration Act

CAPE TOWN - Human rights and social justice groups are appealing to Parliament to consider vulnerable groups like women, trafficked persons, and children in amendments to the Immigration Act.  

Parliament’s Home Affairs committee has this week been receiving input from organisations on proposed amendments that deal with the arrest and detention of illegal foreigners.  

Most notable, it will require that individuals detained under the act appear in court within 48 hours.  

But many NGOs said detention should be a measure of last resort.  

The Immigration Amendment Bill has been prompted by two Constitutional Court rulings.  

Parliament’s Home Affairs committee has received almost 400 submissions on the bill, some calling for stricter enforcement and others raising human rights concerns, including overcrowding and the lack of basic services in detention facilities.  

Several of the organisations that have appeared before the committee this week have called for the supervised release of non-violent suspects.  

They’ve also raised concerns about the lack of access to legal services for those detained under the Act.  

Head of advocacy at the Scalabrini Centre, James Chapman, said vulnerable groups also deserve protection.  

“They must also ensure that they don’t detain people who are refugees, including asylum seekers and those seeking asylum, stateless persons, or human trafficking survivors.”  

The Centre for Social Justice’s Professor Thuli Madonsela said the act doesn’t only impact foreign nationals.  

“It’s an illusion to think that our immigration law deals with foreigners only. It deals with anyone who’s suspected to be an illegal immigrant.”  

The Scalabrini Centre has also suggested that those who can afford to leave the country at their own cost be allowed to do so, rather than be detained for deportation.  

The committee plans to continue with its hearings next week.