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LEGAL FRAMEWORK
South Africa is a signatory to the following conventions: –
1951 UN Convention relating to the status of Refugees;
1967 Protocol relating to status of refugees; and the
1969 OAU Convention governing the specific aspects of
refugee problems in Africa.
Refugee Act, 130 of 1998;
the 1996 South African constitution guarantees fundamental
rights to all individuals, including refugees and asylum
seekers.
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REFUGEE AFFAIRS HEADQUARTERS
The Directorate of Refugee Affairs consists of two sub directorates which
are:
Sub-Directorate: Asylum Seekers & Refugees
Sub-Directorate: Country Information Research Unit
The Directorate’s core purpose is to:
Provide support services to Refugee Appeal Board and Standing
Committee for Refugee Affairs
Efficiently and effectively manage refugee services
Advise on policy related matters
Process refugee enabling documents such as ID and UNCTD
Monitor the functioning of Refugee Reception Offices
Ensure successful integration of refugees into society
Coordinate country information research and refugee services
Respond to ministerial, parliamentary, media and general enquiries
Liaise with stakeholders such as UNHCR, NGOs and Government
Departments
Serve on Tripartite Commission on the Repatriation of Refugees.
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REFUGEE AFFAIRS HEADQUARTERS
Management team has been established to ensure a professional
management of refugee services
Directorate: Refugee Affairs
Secretary to D: RA
Sub-Directorate: Asylum Seekers & Refugees
S/Directorate’s Operation coordination
Sub-Directorate: Country Information Unit
S/Directorate’s Operation coordination
Refugee ID & Travel Documents
Country Research & Reports
Statistics, Refugee Systems & Amendments
Policy Analysis & Legal Enquiries
RRO Monitoring & Compliance with SOPs,
Legislation & Regulations
Refugee integration & Stakeholders management
Administration (Budget, Procurement, Assets, Registry
& General Services
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REFUGEE RECEPTION OFFICES
•
Section 8 of the Refugee Act, provides that the Director General may
establish Refugee Reception Offices. Currently there are five Refugee
Reception Offices i.e.
–
–
–
–
–
–
•
Cape Town,
Durban,
Johannesburg,
Pretoria,
Port Elizabeth.
These offices are headed by Junior Managers (Assistant Directors).
As stipulated in the 1998 Refugee Act, Refugee Reception Offices' core
purpose is to:
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–
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Receive asylum seekers and conduct eligibility interviews
Execute adjudications processes and determine status of asylum seekers
Assist recognized refugees to apply for refugee ID and Travel documents.
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REFUGEE APPEAL BOARD (RAB) & STANDING COMMITTEE
FOR REFUGEE AFFAIRS (SCRA)
•
Appeal process: It is important to note that during
appeal hearings, appellants are entitled to a fair
hearing to present their cases fully. The Appeal
Board may after hearing an appeal confirm or set
aside or even substitute the Refugee Status
Determination Officers (RSDO).
•
Review process: In respect of manifestly
unfounded applications, the Standing Committee
for Refugee Affairs (SCRA) reviews or confirms or
sets aside decisions taken by the RSDO and refer
cases back to RSDO for determination within 14
days the decisions of the RSDO.
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REFUGEE SERVICES
•
Section 22 Permits: This permit which is initially valid for 30 days is
issued to asylum seekers and legalize their stay in the Republic
temporarily pending a final decision on their applications.
•
Section 24(3)(a) permit: When granted asylum, refugee are generally
issued with section 24 permits which allows them to apply for a maroon
ID which is valid for a period of 2 years in South Africa. The permit is
renewable upon expiration of its validity.
•
Refugee ID: it is stipulated that refugees must apply for a Refugee
Identity Document within fourteen (14) days after they have been issued
with section 24(3)(a) permits at any Refugee Reception Office. Refugees
cannot access services like opening a bank account, accessing social
grants and health services without ID Documents and child certificates.
•
UNCTD: After being issued with an ID, a refugee can apply for a UNCTD
(United Nations Convention Travel Document) at any Refugee Reception
Office in the prescribed manner.
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REFUGEE SERVICES
Integration into society: South Africa does not have refugee camps
and asylum seekers are allowed to be part of the SA community.
Holders of section 22 and 24 permits have the right to work and
study in South Africa and are protected against deportation to their
countries of origin.
Asylum regime: The asylum regime in South Africa is an integrative
system for the fact that most of asylum seekers and refugees have
successfully integrated into society as they interact with citizens on
a daily basis. Counter - xenophobia awareness campaigns are
underway to alert citizens about refugees’ rights and obligations.
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CUMULATIVE ASYLUM STATISTICS
•
Since the inception of the asylum procedure during
1994, the department has received more than 200
000 applications for asylum. Currently we have
granted refugee status to approximately 36 000
refugees.
•
Although there have been a significant improvement
on compilation and analysis of asylum statistics
since July 2005, there is still a lot to be done
especially that Refugee Reception Offices are still
struggling in the collection of quality data and
reporting of statistical information in a very
accurate, reliable and responsible ways.
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Figure 5: Finalized & Pending asylum cases (January - Decem ber 2006)
50,000
Pending Cases
45,000
49,275 as
40,095
at 31/12/2006
Pending Cases
40,000
as at 31/03/ 2006
Pending Cases
18,800
as at 30/06/2006
35,000
30,000
25,000
Pending Cases
as at 30/09/2006
28,805
New
Applications
New
18,800
Applications
New
New
20,000
Applications
12,590
11,935
15,000
10036
Applications
10,000
5,000
0
January - March 2006
Applications Received
April - June 2006
New Approvals
July - Septem ber 2006
Rejections
October - Decem ber
2006
Status Renewals
Pending Cases
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CHALLENGES
•Sorting out cumulative statistics dated back from 1994
•Eradication of refugee backlog cases including cases dealt by RAB and
SCRA
•Public awareness campaigns on refugees rights and obligations.
•Old Refugee System and lack of integrated Refugee Systems.
•Amendment of the Refugees Act.
•Lack of capacity at Refugee Offices in handling asylum applications and
status determination.
•Intergovernmental forum to integrate Refugees.
•Feedback on cases handed over to Inspectorate.
•Court challenges by various refugee NGO’S
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•
•
•
•
•
•
•
Long-term policy issues like amending the Refugees
Act, 130 of 1998 and Regulations
Developing Standard Operating Procedures
Feasibility study on establishing the transit facility
Integration strategy to integrate refugees into
society
Establishment of additional refugee reception
offices
Participate in tripartite commissions for the
repatriation of refugees
Issue identity documents and travel documents to
refugees
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SPECIMEN DOCUMENTS
Q&A
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Thank You
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