We are concern about the situation of refugees and asylum seekers living in South Africa. Day after day, refugees and asylum seekers are facing many challenges in their lives. They are victims of xenophobia, discrimination, barbarism and racism from both local population and some of the government officials. Words like amakwerekwere or amagrigamba are used to identify refugees or asylum seekers.

Corruption in home Affairs and refugee reception office has become official.

Some of the officials in refugee reception offices to receive money from refugees or asylum seekers are using the so-called interpreters.

The newcomers have to pay R300 before they could pass the first interview. While refugees and asylum seekers have to pay respectively, R500 and R1500 before they can receive the refugee ID or to be grant refugee status.

In many cases, refugees and asylum are complaining that police refuses to respond to the emergency call from foreigners. Many are being denied assistance when they are in very dangerous situation. Police never come if the call is from amakwerekwere.

Refugees and asylum seekers are blaming the police for they discriminatory attitude toward them. They are accusing the South African police service for not having interest to their security. Police officers are using brutality, torture and others cruel method to arrest refugees or asylum seekers. The conditions of detention of refugee and asylum seeker are not following the international standard concerning the rights of prisoner.

In many bank and other financial institutions refugees are denied the right to open any account with their permit. They are forced to walk with their money in their pocket; therefor they are exposed to all kind of extortion and robbery.

Some of the universities and colleges don’t accept to register asylum seekers with their permit.

In the market place things are worse than anywhere. Refugees and asylum seekers are denied rights to be employed for the only reason that they don’t have ID book. In addition, the government instructed all the companies not to employ someone without a South African identity document. Priority to the black South African citizen. Today, more than 95% of refugees and asylum seekers are unemployed. In the meantime the social services are denying refugees, asylum seekers and their families access to the social grants benefits because of their origin.

Unfortunately the government doesn’t show any concern about this dilemma. Nothing is done to fix this situation of refugees and asylum seekers who chose this country as their second country.

Today we understand that it only if we take our responsibility in our hand and expose all these human rights violation that a solution to our problem will be found. We are asking the government to address and fix this crisis a soon as possible.

Remember that refugees and asylum seekers are human beings and have rights.

JEAN PAUL BADIBANGA KATUMBA

Refugee project director

All the communities of refugees and asylum seekers living in South Africa make the following recommendations to the South African government, to implement by all the agencies involved in migration policy and its enforcement. In all its policy initiatives and official statement, the government should make it clear that all individual in South Africa, regardless of their immigration status, are entitled to respect for their basic human rights. The government should take steps to ensure that all the agencies involved in refugee’s matters emphasize the promotion of human rights in the fulfillment of their responsibilities to enforce the South African refugee laws.

GENERAL

*Members of the government, including ministers, should publicly condemn harassment of or attacks on refugees and asylum seekers, and call for tolerance, understanding and respect for human rights of all those living in south Africa.

*South Africa should sign, ratify and implement the international convention on the protection of the rights of the entire migrant workers and members of their families and bring domestic law and practice into conformity with this treaty.

*All efforts should be made to prevent practices of racial discrimination in the application of migration and refugee policy.

REFUGEE AND ASYLUM SEEKER PROTECTION

• The government should develop an independent process for refugee status determination. As proposed by the green paper on international migration, refugee status determination should be the domain of the an impartial and independent expert authority with a sound familiarity with legal and empirical realities of human rights protection, insulated from political intervention.
• Refugee legislation should in detail not only for the procedures for determining refugee status, but also for the substantive rights of refugees and asylum seekers. The central purpose of such legislation should be grant international protection to those who need it. Both procedural and substantives provisions of refugee legislation should be based on the UN and AU, Refugee conventions and other international instruments as a minimum framework.
• Refugee legislation should provide for determination of refugee status in accordance with the guidelines contained in the UNHCR, handbook on procedures and criteria for damning refugee status, on the basis an hearing at which the applicant is given an opportunity to make his or her case directly to the person or persons who will make the first instance decision whether or not to grant refugee status. In the case of the rejection, reasons must be given and a reasonable period to the applicant to prepare and file an appeal must be granted. A properly constituted body, with independent status should hear appeal. The rights to an interpreter, to submit document in any language, to use legal representation and to present a case in person should all be specified.
• Refugee legislation should provide explicitly for the protection of unaccompanied minor, and should aim to respect a far as possible the principle of family unity in line with recommendation of the final act of the conference that adopted the 1951 UN convention, and should guarantee other rights provide in international human rights and refugees law and south African constitution.
• South Africa should recognize the especially vulnerability position of women by explicitly including gender based persecution, including sex-specific abuse, as grounds for granting asylum, and should adopt guidelines to assist asylum adjudication to evaluate gender-related persecution.
• Legislation should provide that asylum seekers should in general not be detained, but if they are, detention should be only on the basis of the grounds contained in the UNHCR guidelines on the detention of asylum seekers. Detention of asylum seekers should be subject to judicial approval and supervision. Detained asylum seekers should have the rights to contact a legal representative and a family member or a friend, and to be informed of that right and given the means to make such contact.

PREVENTING ABUSE BY GOVERNMENT OFFICIAL

The government should take immediate step to end the pervasive corruption in the handling of asylum seekers, and refugees by the department of home affairs, South African police services, South African national defense force, and others.

Senior officials in each agency responsible for implementing migration policy should make it clear that abuse of asylum seekers and refugees is inconsistent with South African constitution and international law and will not be tolerated. All allegations of abuse by government officials should be investigated thoroughly and the responsible officer should be brought to justice.

*Detention conditions for asylum seekers or refugees should conform to international and domestic standards, including the UN standard minimum rules for the treatment of prisoners and the body of principles. In particular, asylum seekers and refugees in detention are entitled to clean and adequate bedding, prompt access to medical treatment, adequate washing facilities, three meals a day at regular intervals, and at a minimum one hour exercise per day.

• The police, army and other security forces should develop and adopt specific policies for the protection of refugees and asylum seekers and others foreigners from violent attacks from whatever source.
• The police should investigate all incidents of assault or other offences committed against refugees and asylum seekers.
• Public officials interacting with refugees including immigration officials and police with responsibilities in area should receive specific training relating to the rights of refugees, asylum seekers and the human rights of all persons.
• Public education campaigns should be devised, implemented and directed at reducing, discrimination, xenophobia, and increasing tolerance and respect for the human rights of asylum seekers and refugees.

*The government should provide refugees and asylum seekers with social assistance needed. Especially for those who are unemployed.

• The government should provide shelters and accommodation to the unaccompanied children refugees and other refugees and asylum seeker families unable to rent.
• The government should make sure that refugee children enjoy the same rights as South African children concerning education. This in accordance with South African constitution and the international bill of rights.
• The government should work hand in hand with the existing NGO working with refugees and asylum seekers.

*the government should establish a nationwide refugee status determination procedure.

* the government should fight against fraud and corruption in the handling of refugee matters at home affairs.

We hope that the government will take steps to fix the refugee crisis and dilemma.

This memorandum was brought to you by The Africa’s children rights refugee project.