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The advent of democracy in South Africa has not only seen the liberation of the
oppressed masses from an apartheid system, but has also translated into a
safety passage for the displaced people of the world to seek asylum or refugee
status in the country.
Before 1994 there was no policy and certainly no legislation governing refugees
in South Africa. Like its counterparts in the Southern African region, South
Africa has had a long experience with the phenomenon of forced migration both
internally and beyond its borders. Under the evil system of Apartheid South
Africa was a classic example of a refugee producing country. This situation
changed when South Africa realized its democratic transition from an Apartheid
system to a just and non-racial society.
The dawn of the new era meant South Africa’s acceptance back into the
international community of nations. In 1996, ending its years of international
isolation and status as a refugee- producing country, South Africa signed the
United Nation 1951 Convention and the 1967 Protocol relating to the status of
Refugee problems in Africa. These international conventions required South
Africa to formally recognize and provide protection to people classified as
refugees. This law became effective in 2000 and continues to be the country’s
primary piece of legislation governing asylum seekers and refugees in the
country.
This new dispensation and the first ever-bloodless transition to a democratic
order to have happened in Africa and the world at large, created a climax of
hope for most people in the war torn countries across the world.
The increased movement of people to the south with the hope for a better life
has put pressure on our system leaving gaps in allowing some applicants who
would not normally qualify to slip and achieve refugee status while also
refusing some valid claims.
This new phenomenon required that our immigration regime had to be overhauled to
deal with fraudulent activities whilst also trying to address genuine claims of
people seeking asylum or refugee status in South Africa.
Newly-arrived asylum seekers are registered and issued with a temporary
residence permit in terms of section 22 of the Refugees Act. This section 22
permit allows the holder to sojourn in the Republic while his or her claim is
under consideration by the Refugee Status Determination Officers who are based
at Refugee Reception Offices. These permits are renewed every thirty days at
any Refugee Reception Office in the country.
On approval of the claim, the Refugee Status Determination Officer issues a
recognition certificate valid for a period of two years and informs the refugee
of his or her rights and obligations in the Republic. Part of the rights
extended to refugees is to apply and obtain an identity and travel documents
issued by the South African government. The identity document has a thirteen
digit number which is required in terms of the South African Identification Act
for identification purposes to access services from any organization or
institution like, financial institutions, license department, social, welfare
and population development department etc.
Those whose claims have been rejected as unfounded are afforded an opportunity
to lodge appeals as prescribed in the Refugees Act and the Refugee Appeal Board
would at times invite them for an oral hearing in order to gather more facts.
On the other hand, there are those whose claims are said to be manifestly
unfounded, fraudulent, and abusive. These are automatically forwarded by the
Refugee Status Determination Officers to the Standing Committee for Refugee
Affairs who have legislative obligation to review such cases when forwarded to
them.
However, lack of capacity and inadequate availability of resources to facilitate
the registration of asylum seekers has created a backlog of asylum applications
that runs over 100 000. This has resulted in unlawful arrests, detention and
deportation of legitimate applicants.
As a result of all these challenges, the Ministry of Home Affairs established a
Departmental Steering Committee to come up with a practical sustainable
solutions that will ensure that all asylum applicants dating back to 1994 to
July 2005 are immediately dealt with.
Awareness Programme to Change Behavioural Attitudes of South Africans towards
Refugees
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To encourage and promote Refugee Activism among South African communities
toward Refugees or asylum seekers
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To position DHA as a Caring, Compassionate and Responsive organ of state in
dealing with Refugee issues
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To integrate all worthy immigration programmes and initiatives under a common
campaign
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To educate refugees about their rights and responsibilities
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To work closely with other law enforcement agencies in clean-up operations to
discourage illegal immigration in South Africa.
Launch of the Campaign
The Minister will officially launch the Refugee Backlog Project, comprising of
the line function of reducing asylum application as well as the public
awareness campaign, on Tuesday, 20 June 2006 at Constitution Hill,
Johannesburg. Non-governmental (NGOs) and key stakeholder organisations working
for and with refugees will be invited to tour the Crown Mines facility where
the department will showcase its state of readiness of its systems in reducing
asylum application backlog and this will culminate into a cultural event at the
Constitution Hill.
We envisage that this will start to create dialogue with refugees and form part
of interaction with the broader civil society in South Africa to understand
government’s position on matters pertaining to refugees, asylum seekers,
citizenship and related issues that fall under the mandate of the Department of
Home Affairs.
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