20 June 2019 – Resistance and Resilience: Refugee reception in South Africa
19 June 2019
On June 20, World Refugee Day is internationally observed. This day is dedicated to commemorating the strength, courage, and resilience of millions of refugees, who are forced to flee their countries of origin under threat of persecution, conflict, and violence every day. The United Nations High Commissioner for Refugees’ (UNHCR) theme this year is “With Refugees”, a campaign that encourages civil society and governments to take action to provide access to education, safe shelter, and employment opportunity to refugees.
According to the UNHCR’s Mid-Year Trends 2018 Report, South Africa hosted 89 285 refugees and 184 200 asylum-seekers in 2018. Refugees are individuals who have been granted asylum status and protection by the state, while asylum-seekers request recognition and protection as refugees but applications remain under consideration. The narrow grounds for granting refugee status to asylum-seekers are determined in terms of the Refugees Act of 1998 (the Refugees Act), whereas the Immigration Act of 2002 regulates the movement of foreigners into the country who seek to visit or stay. Unfortunately, the asylum-seeking process has been riddled with corruption in the past. Economic migrants seeking a better employment climate have attempted to gain access via the asylum-seeking process.
South Africa’s refugee figure stands against a backdrop of over 25.4 million refugees globally, the highest number of refugees ever recorded, according to the UNHCR. Refugee populations continue to accrue today, in large part due to civil wars and climate change. In South Africa, the matter is also exacerbated by the fact that the Department of Home Affairs (the Department) is struggling to clear a backlog of 150 000 refugee status appeals. According to recent media reports, the Department has sought assistance from the UNHCR.
South Africa has the legal tools for refugees to exercise their rights, secure protection, and successfully integrate. South Africa is a signatory to both the 1951 UN Convention Relating to the Status of Refugees (UN Refugee Convention) and the 1969 African Union’s Convention Governing the Specific Aspects of Refugee Problems in Africa (AU Refugee Convention). These conventions, providing the fundamental concepts for refugee protection, are primarily given effect through the Refugees Act. The Refugees Act, in line with the core principle of non-refoulement in the UN Refugee Convention, prohibits the return of refugees to a country where their life or freedom would be threatened because of their “race, religion, nationality, membership of a particular social group or political opinion”.