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II. Recommendations

To the government of South Africa

  • Ensure that DHA in Johannesburg verifies in a timely manner the status of asylum seekers and refugees who have been arrested or detained. All staff having contact with migrant populations should be trained to identify asylum seekers and channel them into the asylum procedure.
  • Substantially increase the number of appropriately trained staff and the facilities at refugee reception offices for more efficient processing of asylum applications, the determination of status, and the issuing of refugee identity documents.
  • Strengthen the anti-corruption unit within DHA to urgently address incidents of corruption in the refugee status determination system. Investigate and prosecute   any officials alleged to be involved in corrupt practices.     
  • Provide competent, official interpreters to assist refugees and asylum seekers through the asylum application and status determination process, including any appeals.
  • Establish an information desk at refugee reception offices to assist with queries from asylum seekers and refugees. Appropriately trained officials and interpreters at the information desk should explain to refugees and asylum seekers their rights and obligations, and assist with providing information about local service providers.
  • Prominently post signs at refugee reception offices in the main languages of asylum seekers that clearly state that all services are to be provided free of charge and that any request by reception office personnel for money or other favors should be reported immediately.
  • Provide a clear complaint mechanism for asylum seekers and other clients to register complaints. Provide means to assure that complaints will be considered without prejudice to refugee status claims. Assure that the staff member about whom the complaint is directed is not involved in receiving or processing the complaint. For example, complaints could be submitted directly into a secure complaint box that would be opened regularly by the head of office and a DHA official from outside the office. Assist illiterate clients in submitting complaints. 
  • Increase coordination and cooperation between DHA and other government departments to facilitate access to social services for refugees and asylum seekers. In particular, refugees or asylum seekers who act as foster parents or guardians for unaccompanied refugee or asylum-seeking children should receive government financial support for the care of children.
  • Improve administrative procedures to ensure that unaccompanied children seeking asylum are able to enter the refugee status determination process as soon as possible and be immediately referred to the Department of Social Development for assistance.
  • Develop a protocol for refugee reception office officials on processing asylum applications of unaccompanied children. Such a protocol should include, at a minimum, standards for interviewing children, meeting their special needs, performing best interest determinations, and undertaking family tracing.
  • Based on the general principle that children should not be detained, establish a referral system for unaccompanied children detained at Lindela deportation center in order that they are moved to more appropriate, alternative accommodation as soon as possible.
  • Ensure that recognized refugees are not forced to resubmit the substance of their claims periodically, when extending their refugee identity documents or their refugee status permits, but are instead granted a secure legal status that cannot be withdrawn without proper application of the cessation clauses contained in the Refugees Act.

To the United Nations High Commissioner for Refugees

  • Assist the South African government to devise strategies aimed at better integration of refugees and asylum seekers into the South African community. This should include instructing private institutions and employers to recognize DHA documents pertaining to refugees and asylum seekers.
  • Assist the government to develop written and video materials that clearly outline the rights and obligations of refugees and asylum seekers. These materials should be in the languages widely spoken by the refugee community.
  • Advise DHA on developing official protocols for assisting and protecting refugee and asylum-seeking children, including unaccompanied minors, to promote the best interests of the child.
  • Develop a wider and deeper network of implementing partners to ensure that all refugees and asylum seekers in need of assistance are adequately supported.


<<previous  |  index  |  next>>November 2005