Red flag raised over US plan to dump high-risk deportees in Africa

An immigration expert from Wits University, Professor Loren Landau has called on South Africa to speak out against the treatment of people outside the normal legal system, following a controversial deal that saw the United States deporting dangerous criminals to Eswatini.

“South Africa should be concerned about the US deal with Eswatini, as it should be about similar arrangements with South Sudan, Rwanda, Libya and other countries,” Landau said.

“This is not because those deported will directly harm South Africa or its citizens, but because of the harm to regional integration, prosperity, human rights and the rule of law. In an era where we seek to reverse the effects of colonialism and imperialism, these arrangements reinforce hierarchies where wealthy countries extract value from Africa while using it as a dumping ground.”

Speaking with IOL News, Landau added: “South Africa should also object to people being treated outside the ordinary rule of law and constitutional orders.”

His comments come after the Department of International Relations and Cooperation (DIRCO) raised concerns over an agreement between the US and South Africa’s landlocked neighbour Eswatini, which would see the Kingdom take in dangerous deportees from America.

Spokesperson for DIRCO Minister Ronald Lamola, Chrispin Phiri, confirmed that concerns were formally communicated to Eswatini after reports emerged that a group of high-risk criminals of various nationalities had landed in the country.

The group was transported from the US on a special flight, with more deportations of similar individuals potentially to follow.

“Their arrival was also followed by an announcement from the United States Department of Homeland Security indicating that this group of individuals from several countries, some of whom have been convicted of serious offences and crimes, have been deported from the United States and have arrived in the Kingdom of Eswatini,” said Phiri.

He added that the department, on behalf of the South African government, noted the joint statement by Eswatini and the US, which said they would work with the International Organisation for Migration (IOM) to facilitate the transfer of these inmates to their countries of origin.

“DIRCO also noted that the countries of origin of these deportees are unlikely to receive them,” he said.

“While respecting the sovereign decision of the Government of Eswatini, the South African government is deeply concerned about the profile of these individuals and the potential adverse impact on South Africa’s national security and immigration policy, given the geographical proximity between the two countries.”

Three weeks ago, IOL News reported that the US Department of Homeland Security (DHS) had announced the transfer of five “dangerous” men from Laos, Cuba, Jamaica, Vietnam and Yemen to Eswatini. 

The men have criminal records, including convictions for murder and sexual assault.

When asked about the potential implications for South Africa, especially given its porous borders and existing security challenges, Landau said:

“Obviously, we don’t know who will be sent to Eswatini or the conditions under which they will be held, so we can only speculate at this point.

“That said, the people being sent to Eswatini are to be imprisoned, not released. Even if they eventually come to South Africa, it is unlikely they would want to stay here or commit crimes against the country or its people.”

Commenting on DIRCO’s response to the matter, Landau said the department should object on moral and ethical grounds.

“This also drives a wedge between South Africa and its neighbours as SA seeks to regain preferential trading arrangements with the United States.”

The deportation of the group followed the introduction of harsh 30% tariffs on all South African exports to the US by President Donald Trump.

The 30% export tariff comes into effect on Thursday.

Landau however, acknowledged there are potential threats from highly dangerous individuals entering South Africa, but said immigration has not been a primary challenge to safety or sovereignty.

“Instead, DIRCO, the police, and others should focus on the rise of (Operation) Dudula, March on March, and the gangsterism that effectively governs many townships. Were these domestic groups controlled, it is unlikely that even foreign mercenaries or marauders would have the opportunity to cause trouble here.”

Landau further questioned the involvement of the IOM in facilitating the deportation process.

“The IOM’s involvement in these arrangements - effectively a UN (United Nations) body endorsing what is clearly an extrajudicial and amoral programme - should worry us all about the future of multilateralism and the acute return of imperial manipulations.”

Last month, Eswatini announced it had agreed with the US to house five of the most dangerous criminals in its prisons, with the possibility of more than 150 terrorists to follow.

Meanwhile, AFP reported that Rwanda has agreed to accept up to 250 migrants from the US under a new agreement with Washington, government spokesperson Yolande Makolo confirmed on Tuesday.

Makolo said Kigali would retain “the ability to approve each individual proposed for resettlement” and that arrivals would receive training, healthcare and accommodation. 

Further details, including a timeline, have yet to be finalised.

The US State Department did not confirm the deal but said the two countries were working on “a range of mutual priorities.” 

A spokesperson added that enforcing former President Donald Trump’s immigration policies was a “top priority.”

The deal follows Trump’s controversial strategy of third-country deportations, previously involving countries such as South Sudan and Eswatini, to bypass delays in repatriation. 

Critics warn such transfers may violate international law by placing migrants at risk of abuse.

This latest arrangement comes after Rwanda’s now-scrapped multi-million-pound deal with the UK to receive asylum seekers, which was abandoned following the Conservative Party’s electoral defeat last year.

Makolo told AFP that Rwanda agreed to the US scheme because “nearly every Rwandan family has experienced the hardships of displacement.”

simon.majadibodu@iol.co.za

IOL Politics