SOUTH AFRICA : Asylum seekers enjoy little protection, says HRW

Photo: IRIN

Refugees live in constant fear of detention and deportation, says Human Rights Watch

JOHANNESBURG, 17 November 2005 (IRIN) - A leading international human rights organisation has criticised South African officials for allegedly harassing and extorting money from desperate asylum seekers and refugees. In a 66-page report, 'Living On the Margins, Inadequate Protection for Refugees and Asylum Seekers In South Africa', the New York-based Human Rights Watch (HRW) claimed that while South Africa had adequate refugee laws on paper, asylum seekers, who lived on the sidelines, did not enjoy any protection in practice. According to HRW, South Africa has over 140,000 asylum seekers from Zimbabwe, Cote d'Ivoire and the war-torn Great Lakes region, and refugees were frequently the target of extortion by police officers who took advantage of their undocumented status. The HRW study based its findings on interviews with NGOs serving refugees, immigration and police officials, asylum seekers and refugees in Johannesburg. It identified some of the barriers that prevented asylum seekers from accessing timely and enduring protection. One of the major problems was the 14-day temporary protection document given to asylum seekers on arrival, which often expired before permanent documentation was processed. HRW attributed the problem to delays and red tape at refugee reception offices, which heightened insecurity and increased the fear of deportation among asylum seekers. The report also highlighted the heavy presence of 'brokers' who linked desperate asylum seekers with corrupt departmental officials to procure permits for a bribe. Although HRW placed the current illegal fee for processing temporary protection permits at US $60, some asylum seekers said it was much more - about $223. Officials at the Johannesburg refugee reception centre were found to be incompetent, as they did not know where to refer cases requiring special protection, such as unaccompanied children. HRW noted that the department of home affairs was understaffed, and that it was slow to grant successful refugees their rights as defined in the constitution. Despite being granted refugees status, applicants were denied 'indefinite stay' status and were required to renew their refugee permits every two years. HRW said this policy effectively denied refugees access to rights, such as health care. The controversial Lindela Repatriation Centre, outside Johannesburg, was singled out for ill-treating refugees and running a poor healthcare system for its large population of inmates. Over 45 people, mostly Zimbabwean asylum seekers, have died mainly of disease in Lindela since the beginning of the year. More than 400 were hospitalised in the same period. The report called for improved training of police personnel, many of whom were unfamiliar with refugee laws and documents. Georgette Gagnon, HRW deputy director for Africa, called on the South African government to become more practical in applying its refugee protection laws, and said the country should commit itself to protecting and respecting the rights of refugees. "On paper South Africa has exemplary laws to protect refugees and asylum seekers, but in practice government is failing to provide protection to these vulnerable people. Asylum seekers should not have to bribe a policeman to avoid an unjust arrest, detention or possible deportation," Gagnon remarked. Stung by last month's damning findings of a commission of enquiry into the deaths at the Lindela centre earlier this year, Home Affairs Minister Nosiviwe-Mapisa Nqakula promised action within 30 days. Officials at the department of home affairs refused to comment, saying they would only do so after seeing the full HRW report. Government spokesman Joel Netshitenzhe acknowledged that corruption and red tape were serious problems at refugee reception centres and in the police system. He noted that the country needed to do more to ensure adequate refugee protection measures, and that all officials were expected to perform their duties within the law. Zimbabwean human rights lawyer and activist Daniel Molokela said the HRW findings confirmed many asylum seekers' experiences. "The same allegations have been made so many times that they are nothing new to refugees," Molokela told IRIN. "What is needed, though, is concrete action that should be characterised by a fully-fledged crusade against official corruption."