Although welcomed by South Africa, refugees and asylum seekers encounter a number of obstacles when they want to exercise their rights with regard to international law, the South African Constitution and refugee law.

This is according to North-West University (NWU) academic in the Faculty of Law, Dr Jean Chrysostome Kanamugire, whose doctoral study entailed a comprehensive analysis of the law and state practice on the integration of refugees in South Africa.

 “Refugees exist due to civil unrests, ethnic conflicts, wars and gross violations of human rights in different countries. They have experienced persecution in their home countries and decided to seek asylum in other countries where they can find safety and sanctuary,” says Dr Kanamugire.

 “According to my study, some longstanding refugees cannot voluntarily repatriate or obtain resettlement in third countries. They need to be integrated into the host countries.”

He says Tanzania has naturalised some refugee groups from Rwanda, Somalia and Burundi, while Zambia has granted permanent residence permits to certain refugees from Angola and Rwanda. “The Netherlands and Germany have received refugees and provide opportunities for naturalisation for those who have lived in these countries for a specific number of years.

“South Africa is a refugee-receiving country, having adopted international and regional instruments dealing with refugees. It has enacted the Refugees Act to domesticate international conventions and receive refugees in its territory.”

Dr Kanamugire’s study also examined the procedure to acquire asylum in South Africa and specific problems experienced by refugees and asylum seekers in this regard.

“The closure of refugee reception offices in major cities and the unreasonable delays in the asylum process constitute a challenge for refugees and asylum seekers to exercise their rights.”

“There is limited provision for refugees to apply for and acquire permanent residence permits,” he adds. “Refugees are also entitled to some rights enshrined in the Bill of Rights in the South African Constitution. However, they experience difficulties in accessing and enforcing these rights, such as the right to have access to adequate housing, the right to work, the right to education, the right to health care services and the right to social security.”

Dr Jean Chrysostome Kanamugire.