Programme Director
The United Nations High Commissioner for Refugees (UNHCR) representative for Southern Africa, Ms Clementine Nkweta-Salami
The Acting Executive Mayor of Tshwane, Mr Terence Mashego
Representatives of CORMMSA
Representatives of the International Organisation on Migration
Respected Refugees and Asylum Seekers
Distinguished guests
Ladies and Gentlemen,
This year’s World Refugee Day takes place against the backdrop of celebrations of 20 years of democracy, peace and freedom in our country. It is a celebratory moment that you all have made possible by extending a helping hand to our people and our liberation movements at a time when we were forcefully displaced from our country and denied of our birthright to land and to vote.
Before 1994, South Africa was indeed renowned for having turned thousands of citizens into refugees through its oppressive and racist policy of apartheid. You would know that thousands of our people were left with no choice but to turn their backs on these beautiful shores, not of their own volition, but to wage legitimate struggles for liberation, using as a base, friendly countries on the continent and abroad.
Many of our people sought refuge in various parts of the Continent and the World. Our freedom-loving brothers and sisters on the African Continent and the broader international community indeed welcomed us in their homes and through the support afforded to us, often at a great price, we were able to rid our country of the shackles of apartheid and colonialism. For this we thank you.
When we celebrated the advent of democracy back in 1994 we did so also to express our gratitude to Africa and the rest of the World for the boundless support and solidarity afforded to us and our children. And so, today, 20 years on, we are a refugee receiving country emboldened by our resolve to continue in our efforts to fight for a better South Africa, Africa and indeed, a better World where all shall enjoy human rights.
Our efforts in this regard are underscored by our unwavering support to the peace efforts of the United Nations Security Council and the African Union Peace Support Operations in countries like South Sudan, Sudan, DRC and others, through our seasoned diplomats, military and police services.
South Africa encourages dialogue amongst communities and parties in conflict, to allow a return to stability and prosperity. Amongst the few positive examples, the Republic of Angola has demonstrated sustained peace, stability, prosperity and adherence to democratic values and principle since the signing of the Luena Peace Accord in 2002. This development led to the UNHCR recommending, in 2009, to Member States hosting Angolan nationals as refugees, to consider cessation of the refugee status.
The South African government was amongst Member States who heeded the call and accordingly endorsed the recommendation with the understanding that a refugee status is not an end in itself, all nationals should be allowed an opportunity to return to their countries of origin to assist with the development of their nations or at least to resume their nationalities wherever they wish to remain.
Distinguished Guests, ladies and gentlemen, allow me therefore to congratulate the former Angolan refugees for resuming their nationality, the Angolan Government for supporting and ensuring that Angolan nationals resume their nationality and the UNHCR, particularly the Regional Office in Pretoria, for the support they provided.
Ladies and gentlemen,
It is in this context that in 2009 we granted a special dispensation to over 200 000 Zimbabwean nationals who were in our country illegally given the political situation in their country at the time.
It is in this context that our Cabinet in March this year decided on a process to review the dispensation when the permits expire towards the end of this year.
It is in this context that again we advise Zimbabwean nationals who were given permits in 2009 in terms of the Dispensation for Zimbabweans to wait patiently and with no panic, for our Department to make an announcement on how this process will be handled.
All these efforts we are making in service of humanity and in defense of human rights, and in recognition of the role and sacrifices made by the Continent and the international community that today we can be recognised as a free society.
Programme Director,
This year, the global theme for World Refugee Day is “ONE FAMILY TORN APART BY WAR IS ONE TOO MANY”. We have brought it closer to home and thus, we mark this day under the theme: “SHARE YOUR REFUGEE STORY – CELEBRATING 20 YEARS OF FREEDOM AND DEMOCRACY”.
You would recall that the 20 Years of Freedom and Democracy celebrations are driven through the “Tell Your Story” campaign which encourages South Africans to share their experiences under the new democratic order. We have elected to use a similar theme precisely because we recognise the role played by refugees in our daily lives and also because we understand and share their plight.
We know the pain, we have been there!
In 1993, shortly before the dawn of democracy in our country, South Africa signed a watershed Memorandum of Understanding with the United Nations High Commissioner for Refugees (UNHCR) with an objective to institutionalise the refugee regime in the country in accordance with international law.
This we did in recognition of our envisaged role in the international community and driven by the realisation that we ought to play an important role through the ratification and signing of various international instruments and protocols for the protection and promotion of human rights for all of humanity. We understood fully the need to develop policies and a legislative framework impacting positively on the legal and social protection of refugees, asylum seekers and migrants.
Accordingly, the Memorandum of Understanding with the UNHCR created impetus for the subsequent accession to various international agreements, including the 1951 UN Convention Relating to the Status of Refugees and its 1967 Protocol, as well as the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa.
We have adopted domestic legal instruments to manage international migration and its challenges.
To this end, the Refugees Act of 1998 was promulgated and came into effect in 2000 to provide for the full legal protection and general rights of refugees and asylum seekers in accordance with the Constitution of the Republic as well as the United Nations and African Union refugee instruments that we have ratified
The Department of Home Affairs, as the custodian of legislation governing refugees in the country, continues to ensure that our policies are properly and effectively implemented.
We remain committed to securing the legal protection of refugees as provided for under international law, and recognized in our entrenched Bill of Rights.
In particular:
- South Africa subscribes to the principle that refugees may not be returned, directly or indirectly, to countries where they risk persecution.
- Refugees shall not be prosecuted on account of their illegal entry into or presence in South Africa provided that they present themselves without delay to the authorities and show good cause for their illegal entry or presence.
- Refugees shall not be expelled from South Africa except on grounds of national security or public order.
- Refugees shall be afforded basic security rights.
- Refugees shall be afforded basic human dignity and rights such as protection against discrimination.
- Refugees shall be afforded the right to work and to education.
Esteemed guests, it is often said rights go hand in hand with responsibilities. In this regard, asylum seekers and refugees are obliged to respect the laws of the Republic of South Africa just as is the case in respect of refugees in many democracies. It goes without saying that those who break the law will be dealt with in terms of the Criminal or Civil Procedure Acts as would citizens of South Africa. Our duty as a responsible and caring state it is to ensure everybody in the country is and feels safe.
Among the great strides worth sharing as refugee stories from South Africa is our policy of integration such that refugees in our country are entitled by the Bill of Rights to social services.
These rights include, among others, the right to adequate housing, education, basic health care and social security. Section 27 of the Refugees Act, 1998 provides refugees with free basic education and health services at the same rate as South African citizens. Refugees may also establish their own businesses in order to earn a living, within the confines of what is permitted by the law. In addition, they also have access to legal protection, employment opportunities, and identity and travel documents upon application.
Ladies and gentlemen,
We have improved Section 22 and 24 permits with enhanced security features to be issued to newly-registered asylum seekers and refugees whose status has been renewed. The current Section 22 and 24 permits will remain valid and will continue to be used as a means of official identification until they expire. These permits will bring more credibility and integrity to the asylum and refugee regime as those features are unique and will have added benefits such as easy access to services provided by various institutions as the credibility of the permit will not be questionable.
Further to improve services afforded to refugees and to increase access to such services, the Department is finalizing a process whereby refugees will be able to apply for these documents in any Department of Home Affairs (DHA) office throughout the country instead of applying only at Refugee Reception Offices. Furthermore, as we roll out the Smart ID Card, Refugees will also be entitled to apply for the card as other South Africans.
Part of the reason we are taking these important measures is to foster social cohesion among all people living in South Africa irrespective of race, creed, gender, or nationality.
In this context, integration and social cohesion can be promoted by providing targeted and mutually beneficial support and services to both refugees and local communities, especially in the key areas of employment, skills training and language training. To achieve this mandate, it requires all of us to realise the importance of promoting educational programmes, inter-cultural and inter-faith dialogues in diverse communities so as to dispel the myths and misunderstandings that may exist between different social groups.
It is against this background that we call upon civil society institutions, including churches, mosques, temples and all other faith-based organizations to play an active role in unifying and peace-building activities as we collectively move South Africa forward towards a better place for all.
Together with the UNHCR and other stakeholders, we will make special efforts to continue pursuing preventative actions and advocacy, including awareness campaigns and conflict resolution programmes, as well as other community interventions aimed at promoting social cohesion.
To this end, I take this moment to condemn recent attacks on foreign nationals in Mamelodi. In the same breadth, we must be cautioned against concluding that these attacks are xenophobic while we might be dealing with sheer elements of criminality. I therefore urge all of us to let the law take its course.
Lastly, as we have said in the Freedom Charter (1955), what we want to see is a South Africa that is “fully independent” wherein “there shall be peace and friendship.”
I thank you.
