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On developing countries

Protecting refugees, asylum seekers and immigrants in South Africa

Is South Africa protecting the rights of non nationals?

Authors:
Publisher: The Consortium for Refugees and Migrants in South Africa (CoRMSA), 2008

In South Africa non-nationals, refugees, asylum seekers, and other immigrants are often excluded from the services, welfare, and dignity they are guaranteed by South African law and constitutional commitments. Issued annually in commemoration of World Refugee Day (20 June), this report represents research by members of the Consortium for Refugees and Migrants in South Africa (CoRMSA), a national network of service providers and research bodies in South Africa. The findings have been compiled over a six-month period and find that South Africa still has far to go in its efforts to ensure the protection of non-nationals is in line with its commitments to protect the rights and dignity of all. The report shows how violence against non-nationals while by no means new—reached unprecedented levels in 2008 in a wave of attacks that left many dead; thousands displaced; and permanently damaged South Africa’s moral authority at home and abroad.

The authors argue that horrific as they were, these attacks are but an extreme sign of how non-nationals are treated as ‘outsiders’ by various elements of our society, from members of the public, to civil servants, service providers, and government leaders. One positive development has been the increased discussion about the need to shift away from policies aimed at controlling migration to policies aimed at managing migration. The rights and well being of non-nationals do not have to be to the detriment of South African citizens. At present, there remain significant migration related challenges that South Africa needs to address as a matter of urgency. Many of these challenges require increased leadership and greater engagement from various government departments to take responsibility for the well being of non-nationals as well as South African citizens. Findings and recommendations in this report include the following areas:

  • xenophobic violence
  • arrests, detention and deportation
  • access to the asylum determination process
  • access to government-funded social services
  • access to employment
  • land ownership
  • children and unaccompanied minors
  • women and gender-based persecution