UNHCR in South Africa Parliamentary Portfolio Committee of Home Affairs

1. UNHCR in South Africa Parliamentary Portfolio Committee of Home Affairs 11 November 2014 , Cape Town South Africa UNHCR Régional Office for SouthernAfrica

2. Contents • UNHCR and International Protection • Persons of Concern to UNHCR • The Legal Framework • Definitions • Global Trends • Global Statistics • South Africa (Overview) • UNHCR Activities in South Africa • Observations and Recommendations • What Parliament can do 2

3. 1. UNHCR and International Protection • Created by the UN General Assembly in 1950, began to work in January 1951. • UNHCR works under the authority of the UN General assembly and follows policy directives of the ECOSOC • UNHCR is governed by the Executive Committee of the High Commissioner’s Programme (ExCom) which is comprised of 87 countries (South Africa as of 1997). • ExCom approves UNHCR’s programmes and budgets and provides guidance on international protection (ExCom Conclusions) 3

4. UNHCR and International Protection • UNHCR has the responsibility to work with countries in protecting uprooted people and finding permanent solutions to resolve their displacement. • UNHCR’s protection mandate extends beyond refugees to incorporate other persons of concern such as asylum seekers, stateless persons, internally displaced persons and returnees. 4

5. Responsibility to Protect Persons of Concern • States are primarily responsible for the provision of international refugee protection • UNHCR works closely with governments to ensure that persons of concern are protected • However, UNHCR is not a substitute for government responsibility 5

6. 2. Persons of Concern to UNHCR • Refugees • Asylum seekers • Stateless persons • Internally displaced persons (IDPs) in conflict situations • Returnees 6

7. 3. Legal Framework 7

8. Key Instruments • 1951 Convention Relating to the Status of Refugees ( 1951 Convention) 148 State parties • Provides the basic refugee definition • Defines the legal status of refugees, their rights and obligations including right to be protected from non-refoulement • Articulates States obligations • 1967 Protocol relating to the Status of Refugees (146 State parties) • Lifts the time and geographic limits found in the Convention's refugee definition • 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa (48 State parties) • Covers refugee aspects in Africa • Expands the definition of a refugee to include persons fleeing conflicts and generalized violence 8

9. 4. Definition of a Refugee The 1951 Refugee Convention Art 1 defines a refugee as someone who … “ …Owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his/her nationality and is unable, or owing to such fear, is unwilling to avail him/herself of the protection of that country.” This has been extended by the OAU Art 1 ( 2) “ …Are outside their country of origin or habitual residence and unable or unwilling to return there owing to serious and indiscriminate threats to life, physical integrity or freedom resulting from generalized violence or events seriously disturbing public order.” 9

10. 5. Global Trends of Forced Displacement 10

11. Top ten refugee producing countries 11

12. Asylum applications received by States 12

13. 6. Global Statistics at a Glance: Worldwide 13

14. 7. South Africa Statistics • Asylum applications recorded in 2013 - 70,010 • Asylum seekers - over 200,000 (estimated • Recognized Refugees – 65,881 (estimated) • (Source DHA Annual Statistics Report) 14

15. Legal Framework in South Africa • The Constitution of the Republic of South Africa, 1996 • South Africa Refugees Act No.130 of 1998 • Refugees Amendment Act No.33 of 2008 * • Refugees Amendment Act No. 12 of 2011* • Other legal instruments: • Immigration Act 2002 as amended in 2011 • South Africa is also signatory to the other major international human rights instruments 15

16. Operational Context • South Africa has a commendable asylum policy enshrining all of the rights provided for in the refugee conventions including: • Broad refugee definition • Basic rights including freedom of movement, access to social services, and employment (not always fully realized) • The country faces challenges with unemployment, poverty and economic inequality and service delivery which puts refugees and asylum-seekers in conflict with host populations fueling xenophobia • The high numbers of applications, backlogs and abuse of the system by migrants who have no other immigration alternatives affects the quality and efficiency of the RSD process • The continuous flows of mixed migratory populations characterized by reports of human smuggling and trafficking 16

17. Key areas of concern • Quality and efficiency of the Refugee Status Determination process • Ongoing policy review and impact on asylum • Immigration regulations: “Return to “safe third country” or “first country of asylum” • Closure of Refugee Reception Offices (in some major urban areas) • Possible processing of new arrivals at the border • Challenges with social cohesion between refugees and host communities 17

18. 8. UNHCR Activities in South Africa • Mandate and role is to monitor the implementation of the 1951 Convention in line with the statutory responsibilities. • Art. 35 of the 1951 Refugee Convention provides for UNHCR’s ‘supervisory’ role. • Art 8(a) of the Statute of The Office of the UNHCR mandates the High Commissioner to ‘supervise’ the adoption, ratification and implementation of the international refugee conventions. • First UN agency back in South Africa at the end of apartheid,to assist with the return of South Africans in exile • Helped draft the1998 Refugees Act and worked with Government on protection of refugees • Provide guidance on policy formulation, technical support and advice on refugee matters and to facilitate durable solutions • Has offices in Pretoria, Capetown and Musina 18

19. UNHCR’s activities in South Africa • Coordination with the Government and advocacy • Art. 35 of 1951 Convention (para. 8 of 1950 UNHCR Statute) • Basic Agreement between the Government of the Republic of South Africa and the UNHCR concerning presence, role, legal status, immunities and privileges of the UNHCR and its personnel in the Republic of South Africa (1993) • In practice; e.g. joint response during 2008 xenophobia crisis, joint commemorations of World Refugee Day • Coordination with civil society • Protection Working Group (including among others DHA, SAPS, SAHRC and other UN Sister Agencies) • Advocacy 19

20. UNHCR’s activities in South Africa • Technical support and capacity building • Advice on asylum law and policy • Regional Refugee Law Training, Cape town 18 -20 November 2014 • Training on Refugee Law and Refugee Status Determination for RAB & SCRA , planned for December 2014 • Workshops and seminars on International Refugee Protection for various target groups i.e immigration officers at Lindela, South Africa Police , South African National Defense Force and Local Authorities • Workshops and seminar on Prevention and Response to Sexual and Gender Based Violence, Child Protection for government officials and partners • Proposal for training and development of an RSD learning program for RSDOs in collaboration with DHA learning Academy • Emergency response training for the Provincial Disaster Management Committee in Western Cape 20

21. UNHCR Activities in South Africa • Through its implementing partners, UNHCR provides legal and social assistance to a limited number of vulnerable refugees and asylum seekers in the following areas; • Legal advice and counseling in five major cities including Durban, Pretoria, Johannesburg, Port Elizabeth, CapeTown and Musina • Social assistance including psychosocial support, emergency shelter/accommodation, emergency financial assistance, food vouchers etc • Language training, skills training, income generating activities, access to health and education services, HIV/AIDS awareness, child protection (Estimated number of beneficiaries: 20,000) 21

22. UNHCR’s activities in South Africa • Support the integration of refugees • Works with refugees and host communities to support social cohesion and improve their integration, in collaboration with DHA and other stakeholders • Support activities that promote self reliance and enable local integration of refugees • Promote Durable Solutions for Refugees • Facilitate resettlement as a protection tool for approximately 1250 persons annually to USA, Canada, Australia and the Nordic Countries • Facilitate voluntary repatriation for approximately 200 Persons yearly • Promote comprehensive solutions for particular groups of refugees, with the view to bring the refugee situation to a close e.g Angola and Rwanda • Advocates for the ratification of the statelessness conventions 22

23. UNHCR Regional Representation for Southern Africa • Develop and implement regional strategies and harmonized approaches in the SADC region relating to asylum i.e ; Mixed Migration, Public Health/HIV-AIDS, Statelessness, Durable Solutions, Registration, Public Information, Livelihoods • Provide oversight and capacity building for the country offices • Work with regional bodies (SADC, AU, NEPAD) to promote best practices in the region • Resource mobilization (fundraising) • Emergency responses • Countries covered include: Angola, Botswana, Malawi, Lesotho, Namibia, South Africa, Swaziland, Zambia, Zimbabwe , the Indian Ocean Island countries 23

24. UNHCR Budget for South Africa Comprehensive budget for 2014 35, 322,437 USD Includes budgets for regional activities including Refugee Status Determination, Registration, Voluntary Repatriation, Public Information and Resettlement 24

25. UNHCR Implementing Partners ( RSA, Swaziland ,Madagascar) 25

26. 26

27. 9. Observations and recommendations • Access to asylum is guaranteed: Individuals who apply for asylum are guaranteed the opportunity to have their claims examined. • Government has taken steps to remedy some of these issues affecting asylum e.g asylum applications are now processed within three months, refugees identity documents are also issued to those who qualify. • The implementation of the special project allowing Zimbabwean nationals to renew their work permits will ease the pressure on the asylum system. • Government invoked the cessation clauses for Angolan refugees and successfully implemented solutions bringing the refugee situation to a close. 27

28. Observations and recommendations UNHCR would like to recommend further improvements in the following key areas; • Assessment of the Refugee Status Determination process and implementation of a ‘quality control initiative’ • Development of an RSD Learning program • Finalization of the Regulations to the Refugee Amendment Acts of 2008 & 2011 • Review of the standards at the Refugee Reception Offices • Implementation of a national plan of action to combat xenophobia 28

29. 10. What Parliament Can Do Parliament can contribute in the protection of refugees by; • Promoting the respect for refugees among their constituents and encouraging informed debate on refugee protection issues • Ensuring that adequate funding is provided to the national refugee protection structures, and to also consider contributing funds to UNHCR • Overseeing the actions of the government with regard to the application of the Refugee Conventions and Protocol by visiting refugee reception centers, among other activities. • Seeking UNHCR’s comments on proposed legislation and ensuring that UNHCR’s views are reflected in any parliamentary debate or discussions on relevant protection matters • Facilitating UNHCR’s duty to supervise the application of the Refugee Conventions and Protocol by ensuring the agency has information on the number and conditions of refugees living in the country and on the laws and procedures in place • Inviting UNHCR to assist in establishing a national legal framework for protection of refugees and finding solutions to their problems (UNHCR Handbook for Parliamentarian: A Guide to International Refugee Law ) 29

30. Thank You 30