Protection of refugee rights in South Africa : challenges and prospects

Abstract

This mini-dissertation investigates the protection of refugees in South Africa; it highlights the legal system in South Africa and how the applicable laws protect refugees. Refugees are recognised as a vulnerable group which requires special attention because they have fled persecution and instability in their country of origin. South Africa is a signatory to international and regional conventions on refugees, thus, it has a primary responsibility to protect its refugees. Article 34 of the 1951 Convention Relating to the Status of Refugees calls for host states to integrate refugees. As such, South Africa locally integrates refugees into the community. The study demonstrates that during their stay in South Africa, refugees face challenges to access refugee entitlements despite the fact that they are locally integrated. In most circumstances, refugees have been socially marginalised, left physically at risk and they have been denied even their basic needs such as right to work, education, access to healthcare and are subject to threat of xenophobia. Such violations result in their human rights abuses, as these hinder the enjoyment and protection of their rights. It seems they continue . to face more daunting challenges in South Africa than from their country of origin. The findings of this research are expected to contribute to the understanding of the problems facing refugees, policy reviews and refinements and in articulating the broad range of options and interventions open to policy makers in the field which will in turn help to secure such rights. It is therefore recommended that the government of South Africa acts upon its mandate so as to fulfill its international duty to promote and protect the rights of refugees.