Members of the Portfolio Committee,

Colleagues,

1. The United Nations High Commissioner for Refugees (UNHCR) is much honored to make this submission to this honorable Committee. We believe that the issues this honorable committee is considering are pertinent to the quotidian life of the refugee and asylum seekers. The UNHCR is the organ of the United Nations charged with responsibility to protect, assist and look for permanent solutions to refugees. There are currently 17milion people around the world who benefit from UNHCR protection and assistance. In the Republic of South Africa, UNHCR cooperates with the Government and delivers assistance through a network of at least 7 Non-Governmental Organizations.
2. The refugee cycle begins with the persecution in the country of nationality. Systematic violations of human rights and wars drive millions of people to seek asylum elsewhere. The flight into exile is not a smooth ride; it is filled with trauma, anxiety and uncertainties. Refugees leave their countries brusquely without time to plan their reception. Upon arrival in the country of asylum, they face challenges related to admission, asylum procedures, treatment of refugees, and challenges to local integration. It is within this cycle in the country of asylum, South Africa, that UNHCR would like address the Committee today.

Chairperson,

Access to asylum procedures:

3. The starting point in this submissions is; admission of refugees as a category of foreigners in the Republic of South Africa. In this paper we will use the term refugees loosely to include asylum seekers. However, there is a clear distinction a refugee, is a person whom the State has agreed to protect and assist. The asylum seeker is a person whose application for refugee status is under consideration.
4. Admission procedures for foreigners are governed primarily by the Immigration Act of 2002 as amended in 2004. The Refugees Act no 130 of 1998 provides additional procedures on how asylum seekers can access the Department of Home Affairs.
5. The majority of refugees do not use the designated entry points. However, when a refugee enters the country through an official entry point, the Immigration Officials are required to provide them with a non- renewable Asylum Transit Permit under Section 23 of the Immigration Act 2002. This permit is a temporary authorization that would enable a person to approach the Department within two weeks. Arguably two weeks is sufficient time for a person to obtain an asylum seekers permit if the access was guaranteed.
6. In practice UNHCR has observed, and is aware through reports of its Non Governmental Organizations’ partners, that such access is illusory for the majority of asylum seekers. The access is particularly onerous to women and children, and especially to unaccompanied children who have asylum claims. Many asylum seekers spend nights waiting to be in first the queues, but only very few get served. The lack of access is translated into lack of proper documentation. One of the implications of section 23 permit under the Immigration Act is the fact that a person who holds such permit becomes illegal foreigner at the expiry of the permit. Thus lack of access to the Department processing officers, automatically makes asylum seekers who spent their nights and days at the Department; illegal and liable to arrest, detention and deportation. UNHCR has also observed that amongst the people who have been arrested and detained at Lindela, are some who had valid permits or permits that expired but who had been unsuccessful to physically access the Department’s Refugee Reception Offices.
7. UNHCR believes that apart from lack of proper administration at Refugee Reception Offices, the number of staff dealing with refugees is too low, that the backlog of asylum applications is so huge and threatens the effectiveness and integrity of the asylum system. This in turn opens the gates to possible abuse by persons who neither need nor deserve to be protected as refugees. The huge backlog does not give room to prioritize vulnerable cases that require urgent attention. Equally the backlog compromises accountability of the junior staff members of the Department who deal mainly with renewing the asylum seekers permits instead of determining refugee status.
8. UNHCR has also observed that low priority is given by Regional Managers to refugee matters. The Refugee Affairs at regional levels is understaffed; the equipment used at the reception offices including the electronic databases are very old, inflexible and outdated when compared to modern technology. This contributes to the general inefficiency of the Reception Offices. We can give an example of one office, which is receiving an average of 200 persons during an intake day. In this office, there was only one camera and one printer which broke down frequently. Internal communications are weak and the link between the Head office and the Regional Offices need to be strengthened.
9. What UNHCR recommends with respect to admissions is both a structural and managerial changes at the Refugees’ Reception Offices. The structure must allow for the Head Office to supervise the work of Reception Officers and Eligibility Officers. UNHCR believes that refugees are a matter within the national sphere of Government and as such the head office must have a strong monitoring role. In particular UNHCR would like to see some kind of accountability framework in the reception offices, where refugees have most contacts with the Government.
10. Chairperson, this brings me to consider the issue of documentation for refugees. As indicated earlier, lack of access will affect the proper registration and documentation of refugees and asylum seekers in the country. While UNHCR has noted a quality improvement in the numbers of refugees who are properly documented, there are still major problems in documentation of asylum seekers. The practice of the Department is not uniform, or rationalized. It would appear that the renewal period of asylum seekers permits is not standardized with each Reception office adopting different procedures.
11. The Refugee law provides for a maximum period within which asylum applications must be determined. This is a 180 days. While the limited resources make it difficult to meet this deadline, the Department should make realistic time frames within which refugee status must be determined. There are asylum seekers who have never had a chance to see an eligibility officer for more than five years. This is obviously unacceptable. Such asylum seekers stay in limbo and cannot contribute meaningfully to the development of South Africa as their permits do not allow engagement in any stable productive activities.
12. Another issue related to documentation of refugees and asylum seekers is the validity of documents that refugees possess. The maroon identity cards do not appear to receive the same type of acceptance by business and other private and public services providers. The documents differ substantially with the identity document issued to South African nationals. The maroon document does not permit refugees even to bank their money that they gain from their sweat. Instead they risk to be attacked as criminal elements target them specifically for the cash they have. Many hospitals and schools also have difficulties recognizing the documents. Employers hesitate to give jobs to a person with a doubtful identity document. For children, the identity document does not appear to be recognized by social workers of the Department of Social Development.
13. UNHCR is aware of the introduction of the smart card. We have hope in this new type of document which would eventually be rolled out to all citizens in the country. UNHCR would propose that a country wide campaign be carried out by the Department to assure the general public including businesses and services providers of the validity of the new smart cards, their safety features as well as the procedures under which they are issued. This would enhance the value of the new smart identity cards. The Department must take this as a matter of urgency.

 

14. Chairperson, the third area which we wish to comment is the treatment of refugees in the country. Under Section 27 of the Refugees Act 1998, recognized refugees are entitled to all rights under Chapter 2 (Bill of rights) of the 1996 Constitution. Translated into reality, this means refugees should enjoy effective protection including assistance by the Government if they merit receiving such assistance. There are few areas where UNHCR believes that refugees should be included:-
15. Free primary education for refugee children whose parents will be exempt from payment of school fees if they were nationals. In this case we believe that the obligations of the government go beyond that of the Department of Home Affairs. The obligations under the Convention on the Rights of the Child, with respect to the universal primary education can only be realized if refugee children would get such education free. This may mean that the Department of Home Affairs must work with the Department of Education to ensure that refugees exercise this right.
16. Social assistance should be extended to vulnerable refugees in form of grants to the same extent that such assistance is granted to permanent residents or nationals. While the majority of refugees can work and gain income, there are those who cannot do so and should be considered for specific assistance. The Government in this respect should provide clear guidelines on access of refugees to the social grants including assistance provided under the Refugee Relief fund administered by the Department of Social Development. This fund could also be available to vulnerable asylum seekers.
17. Employment is now permitted for both refugees and asylum seekers. There are few issues related to employment which the Government can facilitate. One would be a general letter to the recognized refugee detailing that such person is entitled to rights under chapter two of the constitution. The letter could also state that the person has a right to work and study. This would help the employers to deal with refugees as legal foreigners in the country and pay them adequately. Through employment refugees will pay taxes and contribute to the economy of the country.

 

Xenophobia:

18. Chairperson, the general reception of refugees and asylum seekers within the country is marked by mixed reactions from the local people. However xenophobia in the country is based on many myths. One of the myths relate to numbers of foreigners in the country often quoted as many millions, who burden the national resources and take away opportunities and privileges of citizens.
19. UNHCR has observed that, some of the attacks have been directed at refugees and asylum seekers for the mere reason that they were foreigners. Derogatory names have been given to foreign nationals including refugees and asylum seekers. At times police officials have attacked refugees, torn their papers and then labeled them illegal foreigners. The physical and verbal attacks of foreigners are done at grass root levels, at the landlords overcharge rents for flats where refugees live, some schools do not readily admit refugees, some public hospitals introduce higher charges to refugees, and private firms do not employ refugees even if they are entitled to work or study. Local authorities are not even aware of the obligations towards refugees.
20. UNHCR welcomes the appointment of a focal person in the Department of Home Affairs to address xenophobia within and outside the Department. However, much has to be done by the Department to encourage the local communities to accept refugees as protected persons. There is obviously a major role to be played by the Communications Section within the National Immigration Branch (NIB).
21. In this respect UNHCR would like to propose that the Department should come up with a policy and programme to combat xenophobia. Such programme should include training of staff on how to handle foreigners in a humane manner with dignity and respect. UNHCR is ready to cooperate closely with the Department in this respect.

Refugee communities and organizations

22. UNHCR believes that the various refugee communities that would appear before the committee will give more input on how they are organized. The many refugee communities in the country make it difficult for refugees to form large organizations. A few weak refugee umbrella organizations exist. However, UNHCR is aware of the many refugee organizations that have been registered as Non Profit Organizations (NPO. Some of these organizations have received limited funds from the national and international institutions to undertake specific projects. The assistance offered so far is not sufficient to enable the refugee organizations’ capacity to grow and provide quality and efficient assistance to a wider community of refugees and local communities living with refugees.
23. One area that the Government can assist is provision of technical support as well as financial support to enable NPOs to work within the accountability framework acceptable to the government.

Refugee contribution:

24. Refugees in South Africa should be seen as an asset rather a burden to the people. The profiles of the refugee population show that the majority is made of young energetic people who can work in all kinds of labour markets. Some have very good education; others if allowed to complete further education will contribute not only in South Africa but also back to their home countries when they return. The refugees are contributing to a limited extent in the health sector as doctors, nurses and other technical staff; they also contribute in the construction, agricultural, manufacturing and other industries as engineers and technicians. Refugees also contribute as small business owners with capacity to employ nationals into their business or enter into joint ventures. Refugees could contribute more if they had been given equal chances to compete in available labour market in an environment free from xenophobia.
25. The contributions by refugees to the country can be greatly improved if barriers to exercising rights to work, (whether self employment or regular employment) are eliminated. Refugees should be allowed to do bridging courses where the education systems differ substantially instead of current practice where refugees start afresh and loose valuable time. The Government should assist refugees in translating and evaluating their diplomas and other certificates into languages understood in the country.

 

In conclusion, Chairperson UNHCR wishes to make the following specific in addition to those already made:-

26. The Department of Home Affairs must address the issue of access of asylum seekers to the reception officers by taking the necessary administrative measures including measures aimed at ensuring that refugees obtain appointments that are subsequently honored by eligibility officers. In this respect, case management may require separation of the Admissions and Eligibility procedures as well as better links between Head Office and Regional Offices.
27. Access of vulnerable refugees and asylum seekers including children must be given priority.
28. The Department should speed up the issuance of documents to asylum seekers and refugees. With regard to smart cards a public awareness campaign should be carried out as a matter of priority.
29. Coordination with other Departments including the Department of Social Development must be increased. This will call for a wider consultative mechanism between the National Immigration Branch (NIB) and other departments in order to ensure that the exercise the rights in an effective manner.
30. The Department must increase its human resources and other resources to deal with the current backlog of applications. The Department must also take measures to ensure that future backlogs are kept to manageable levels.
31. The Department should reinforce its Unit which is combating xenophobia. The Unit must work with NGOs in order to achieve better results.