Are 49 Afrikaner 'refugees' still South African citizens?

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A group of 49 South African “refugees” who recently resettled in the United States has sparked debate over their citizenship status.

According to immigration lawyer Chris Watters, these individuals cannot be deprived of their South African citizenship despite their decision to leave the country.

South Africans in US: The ‘refugee’ debate

“By definition, they are fleeing because they cannot get protection from the South African government (or the government refuses to give them protection) regarding the [supposed] serious harm they face in South Africa,” Watters said to TimesLive.

He added that this created a paradox.

“They cannot have it both ways,” highlighting that seeking refugee status in the US implies a need for protection from harm in South Africa, yet they may still require consular assistance from the South African government as citizens.

Lawyer weighs in on citizenship of South African ‘refugees’

Watters pointed to a recent Constitutional Court ruling on dual citizenship, confirming that no South African may be deprived of citizenship. Minister of International Relations and Cooperation Ronald Lamola’s spokesperson, Chrispin Phiri, supports this view, confirming that Section 20 of the South African Constitution protects citizens from being deprived of citizenship.

However, Watters noted that if the 49 Afrikaners returned to South Africa, they would likely have to abandon their refugee status. He added that once the parents naturalise as US citizens, their children would automatically become US citizens.

Under the 1951 Refugee Convention, refugees must demonstrate a well-founded fear of persecution. South African authorities argue that white Afrikaners, as a group, do not meet this threshold, a stance echoed by Lamola.

Lamola stated that the group did not fit the international definition of “refugees”, citing a lack of persecution of white Afrikaners.