MBABANE – South Africa’s proposed First Safe Country policy could significantly affect migration dynamics in the region, with Eswatini likely to face increased humanitarian and administrative pressures.
The policy proposes that asylum seekers who pass through safe third countries before reaching South Africa would be ineligible to apply for asylum there, a move the South African Department of Home Affairs says is intended to discourage migrants from picking and choosing the country as their preferred destination.
However, rights organisations such as the Scalabrini Centre and Lawyers for Human Rights have raised concerns that the policy may undermine established refugee protections and potentially violate constitutional rights, including dignity, equality and access to courts.
They also warn that the absence of a clear, standardised definition of what constitutes a ‘safe country’ could result in vulnerable individuals being excluded from protection systems.
Locally, the Coordinating Assembly of Non-Governmental Organisations (CANGO) says the proposed policy could place additional pressure on Eswatini’s already limited refugee-management systems.
CANGO Director Thembinkosi Dlamini said if the principle is implemented, asylum seekers who travel through Eswatini before entering South Africa could be prevented from seeking asylum there, increasing the likelihood that more migrants remain in the country for longer periods.
“This would place added pressure on national systems and services. Restrictions on onward movement may also encourage irregular border crossings due to the region’s porous borders,” he said.
Such developments, he warned, could heighten risks of human smuggling and trafficking, while placing additional strain on border management authorities and nearby communities.
Although Eswatini has a legal framework for refugee protection, Dlamini said implementation remains constrained by limited infrastructure, financial resources and personnel. These limitations became evident during the 2025 influx of displaced persons from Mozambique, which stretched existing reception systems.
Currently, the country relies on a single refugee reception and camp facility at Malindza, which is already overcrowded.
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A South African policy proposes that asylum seekers who pass through safe third countries before reaching South Africa would be ineligible to apply for asylum there. (Courtesy pic)
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