<<previous  |  index  |  next>>

VIII. Conclusion

The Refugees Act is a vast improvement over previous legislation in South Africa. It formally recognizes refugees and asylum seekers as a group entitled to international protection. The Refugees Act outlines the rights and obligations of refugees and asylum seekers and creates relevant institutional bodies such as the Standing Committee for Refugee Affairs and the Refugee Appeals Board, as well as formalizing procedures for refugee status determination, documentation, appeals, and judicial review.

However, in practice there are significant disparities between the law as it is outlined in the Refugees Act and its regulations (as well as in the South African constitution and the various international refugee and human rights conventions to which South Africa is a party), and its implementation.

In Johannesburg, asylum seekers encounter significant obstacles in attempting to gain access to asylum procedures. This impedes their ability to enjoy protection through the possession of asylum seeker and refugee documents. It further hurts their ability to earn a livelihood through their legal right to work. Even with the relevant documents in hand, many asylum seekers face the constant threat of harassment, mistreatment, and unlawful arrest and detention.

The government’s obligations under international refugee and human rights law and the South African constitution, founded on the principles of non-discrimination and dignity, place a duty on the state to create an enabling environment that allows all persons, including refugees and asylum seekers, to have access to services. The state has a duty to protect the rights of children, particularly unaccompanied children seeking asylum, which includes providing special assistance at the refugee reception offices and access to services such as education and suitable accommodation. UNHCR, which is charged under its mandate with protecting refugees and asylum seekers, should increase its assistance to the South African government to better coordinate policy and administration throughout its various government agencies, (such as the Departments of Health, Social Development and Education) and so to facilitate access to services and assistance for refugees and asylum seekers without discrimination.