In light of Human Rights Month commemorated in South Africa, the South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC), a centre of the University of Johannesburg (UJ), recently convened a timely and critical online seminar exploring the constitutional rights of asylum seekers, refugees, migrants and stateless persons in South Africa.

Held on Wednesday, 18 March 2026, under the theme “Human Dignity has no nationality: defending the constitutional rights of asylum seekers, refugees, migrants and stateless persons in South Africa,” the seminar formed part of reflections marking 30 years of constitutional democracy in South Africa.

Opening the session, legal researcher Ohene Ampofo-Anti highlighted the significance of the moment, noting that the seminar created space to reflect on both progress and persistent challenges within South Africa’s constitutional project.

“This year is a very important year for South Africa’s democracy… we have 30 years of constitutional democracy. And so that’s why we’re having the seminar today to reflect,” he said.

He emphasised that xenophobia remains one of the most pressing issues confronting the country, particularly considering its increasing visibility in public discourse and community dynamics.

“An important and timely issue to reflect upon would be the issue of xenophobia, which has become particularly rampant and intransigent in the last few years… with a tendency to scapegoat foreign nationals for many of the country’s socio-economic challenges,” he added.

The seminar brought together a distinguished panel of experts, including representatives from Lawyers for Human Rights, academia and civil society, to interrogate the legal, social and institutional dimensions of xenophobia.

Central to the discussion was the role of public interest litigation in advancing and protecting constitutional rights. Speakers reflected on recent Johannesburg High Court judgments, which have provided significant relief aimed at safeguarding the rights to dignity, equality, healthcare, housing and freedom from violence.

At the same time, panellists cautioned that litigation alone cannot resolve deeply entrenched societal attitudes.

Carol Lemekwana, Clinic Manager in the Refugee and Migrant Rights Programme at Lawyers for Human Rights, grounded the discussion in lived realities:

“One of the most striking realities is that migrants and asylum seekers constantly ask themselves their place in society… not because the law does not protect them, but because of what happens around them.”

She highlighted the daily barriers faced by migrants, including challenges in accessing documentation, healthcare and education, as well as exposure to corruption and arbitrary arrest.

“Many of these migrants live in a state of constant fear, not knowing whether they are accepted, excluded or targeted within their communities,” she said.

The seminar also engaged critically with current policy developments, including the Draft White Paper on Citizenship, Immigration and Refugee Protection. Concerns were raised about provisions such as the “first safe country” principle and their potential impact on vulnerable groups.

Speakers reiterated that South Africa’s Constitution, founded on dignity, equality and freedom, extends protections broadly to “everyone”, underscoring the need for deliberate efforts to ensure these rights are realised in practice.

The discussion further explored how xenophobia has permeated key sectors such as healthcare and education, and how both institutional and societal responses are required to address it effectively.

A key thread throughout the seminar was the importance of combining legal mechanisms with broader societal interventions. Panellists pointed to the role of education, advocacy, and constitutional literacy in shifting public attitudes and countering misinformation.

The seminar concluded with a shared recognition that defending human dignity requires collective responsibility, across institutions, civil society and communities.

By bringing together legal experts, activists and scholars, SAIFAC continues to position UJ as a leading platform for critical dialogue on constitutionalism, human rights and social justice in South Africa and beyond.