A legal and ethical analysis of the South African government's response toward Zimbabwean immigrants

[摘要] ENGLISH ABSTRACT: This thesis is a study of the South African government's response toward Zimbabwean immigration, focusing on the period from 2000 to July 2009. The aim is to shed light on why the government has acted in the manner that it has, using a human security framework. South Africa's legal obligations under international, regional, and domestic law are investigated and the ethical debate concerning issues of entrance and borders is explored. Concepts of morality, universality, and human dignity are central to this discussion. Against this backdrop, the Zimbabwean migration is briefly analysed in terms of push and pull factors and numbers; and the legal debate concerning the classification of Zimbabweans is explored. The challenges Zimbabweans face in South Africa and how the government has dealt with the Zimbabwean immigration is covered. Key actors from civil society and government are interviewed in an attempt to engage opinions about the government's response. The main opinions as to why the government has responded in the manner it has are then discussed and other factors are considered. Issues of solidarity, land reform, and South Africa's involvement in the Zimbabwean mediation process are some of the factors considered. The conclusion of this study is that the South African government has not succeeded in meeting its legal obligations nor acted ethically concerning Zimbabwean immigrants. The particular sentiments of ex-president Thabo Mbeki, the solidarity amongst national liberation movements, regional considerations, and the capitalist interests of some South Africans are factors that carry the most weight in explaining the South African government's response to the Zimbabwean crisis and its subsequent migrants.

[发布机构] Stellenbosch University