Publications
Partners
Refugees and asylum seekers deserve to be celebrated this month instead of being viewed as a "problem" within South African society. They are, after all, here just as lawfully as a citizen- just under a different dispensation, writes Nicole Breen.
The Office of the High Commissioner defines human rights as:
Rights we have simply because we exist as human beings - they are not granted by any state. These universal rights are inherent to us all, regardless of nationality, sex, national or ethnic origin, colour, religion, language, or any other status. They range from the most fundamental - the right to life - to those that make life worth living, such as the rights to food, education, work, health, and liberty.
READ | OPINION: Bernard Chiguvare - I left Zimbabwe to live in SA. I want to go back. This is why it’s hard
These basic entitlements are enshrined in laws such as international law- for example, the United Nations Declaration of Human Rights, all the way down to a country's Constitution and then into enabling legislation and policy.
Slow process
South Africa is a constitutional democracy. This means that if a practice or action by the state or a human being is contrary to the prescripts of its contrary to the Bill of Rights in the Constitution that, the people whose rights have been violated are entitled to redress.
Our country's Constitution contains a generous array of entitlements, but what of their realisation? Do all people benefit from the law under which they live, and are all people considered to be equal before the law?
Refugees and asylum seekers have comprehensive legislation governing their rights as human beings. They have civil and political and social, cultural and economic rights.
READ | High Court declares sections of Refugees Act unconstitutional
But sometimes it is more complex than merely having a paper trail of human rights documents aimed at protecting a vulnerable group- sometimes proactive steps have to be taken to shift attitudinal aspects within state departments, and indeed other members of society before legal guarantees can truly be meaningful.
In terms of state departments failing refugees and asylum seekers- one of the biggest problems is applying for permits and having their permits renewed. The process is slow and often faulty. Qualified refugees lose their status because of no fault of their own.
Further problems are barriers to access to healthcare, employment, education, housing and other socio-economic entitlements. One of the biggest issues is that the state does not apply the law consistently and so one person may be assisted one day and another not the next.
There have been many court cases to secure access to education, for instance, but there are still instances where organisations have to intervene to secure refugee and asylum seekers' place in school or their right to write matric examinations.
Another factor is that xenophobic violence is a regular occurrence within our society. From refugees enduring beatings to shops being looted, refugees and asylum seekers are simply unsafe within the Republic.
Most refugees and asylum seekers also live in extreme poverty.
Acceptance and tolerance
As we near the end of Human Rights month, we should take the opportunity to celebrate the diversity within the society in which we live. But what of our seemingly forgotten people? What about those who live in such a dangerously precarious space in society?
The answer to this lies in raising public awareness and promoting acceptance and tolerance in our society.
Refugees and asylum seekers bring in skills and the desire to make an honest living. They are here because they are vulnerable and cannot reside in their own countries.
READ | About 500 refugees are still living in wretched conditions in Cape Town camp
They deserve to be celebrated this month instead of being viewed as a "problem" within South African society. They are, after all, here just as lawfully as a citizen- just under a different dispensation.
Something also worth reflecting on is that during apartheid, many different countries accepted South African exiles fleeing the country.
It is simply incongruous that our society cannot accept refugees from those states now that they are in need.
Altogether the situation is not particularly positive. Hard work is being done to assist those in need, but there is still much that needs to be undertaken to protect refugees and asylum seekers.
One month is not enough. We need to concentrate on improving the milieu of refugee asylum seekers and their families.
We need change now. Let us forge a society where these vulnerable people are protected in practice- not simply on paper.
-Nicole Breen Advocacy Coordinator: Jesuit Refugee Services
*Want to respond to the columnist? Send your letter or article to opinions@news24.com with your name and town or province. You are welcome to also send a profile picture. We encourage a diversity of voices and views in our readers' submissions and reserve the right not to publish any and all submissions received.
Disclaimer: News24 encourages freedom of speech and the expression of diverse views. The views of columnists published on News24 are therefore their own and do not necessarily represent the views of News24.
