Protection of the Rights of Refugees and Asylum Seekers: Examining the Role of South African NGOs

Abstract

In the past ten years, there were so many. The country rose to the challenge enacting one of the most liberal pieces of refugee legislation in the world. Despite these developments, the status of refugees and asylum seekers in South Africa, and their substantive access to human rights provisions, has in recent times been subjected to greater public and judicial scrutiny after the violent episode of xenophobic attacks unfolded in 2008. This sector of society has always been vulnerable as a result of numerous factors and the weak institutional framework for facilitating refugee rights, either in terms of suitable policies or their implementation has always been part of the broader human rights discourse in South Africa. This state of affairs, poses something of a unique challenge for NGO’s specializing in the area of refugee rights to advocate for their rights as well as to monitor the implementation of polices and processes, in an environment lacking political will and public support. This research essentially explores whether refugees and asylum seekers in South Africa have been able to claim rights they are entitled to, in a substantive manner and to examine the degree to which NGOs working in the area of human rights and tasked with assisting refugees, have been able to contribute in this regard. The researcher collected data from Ethiopian and Congolese refugees and asylum seekers in South Africa to examine their perception of the contribution by NGOS and also interviewed personnel from the three case study NGOs. It is obvious that NGOS have made significant contribution to the protection of refugees and asylum seekers and continue to do so. However, their effectiveness has decreased since their relationship with government department has changed and their agenda lacks public support and political will of political elites.