South Africa Regional Office

Working environment

• Persons of concern to UNHCR are scattered throughout South Africa. Refugees and asylum-seekers currently enjoy freedom of movement, the right to work and the right to access social services. 
• Competition over limited resources and perceptions that foreigners, including refugees, are partially to blame for various domestic issues led to an outbreak of xenophobic violence in early 2015, resulting in 18 deaths and displacing over 9,000 people. Early intervention and advocacy by UNHCR and the UN Protection Working Group facilitated a rapid Government response, which led to the arrest and prosecution of some perpetrators.
• Due to the large numbers of asylum applications received since 2008, there are significant backlogs in conducting refugee status determination procedures. 

Population trends

• South Africa hosts 93 per cent of people of concern (PoC) in Southern Africa: some 114,500 refugees and 798,000 asylum-seekers. The number of new asylum applications registered by the Government in South Africa has remained stable since 2012. 
• The higher number of asylum-seekers reported in 2015 is the result of updated statistical information on the number of cases pending appeal review.

Achievements and impact

• To support the Government in addressing xenophobia, UNHCR coordinated the joint UN emergency response for the violent attacks that occurred in 2015. 
• The UNHCR-led Protection Working Group conducted comprehensive needs analysis and supported some 2,800 PoC displaced by the violence through legal/human rights interventions, counselling and social support for victims. 
• A total of 227 Provincial Disaster Management officials were trained on protection and human displacement, enhancing national capacity for responding to xenophobia.
• UNHCR provided technical guidance and support to the Government on efficient management of asylum applications and the reduction of backlogs. At the request of Government, the Office developed a three-year action plan for strengthening national asylum procedures to enhance fairness and efficiency. 
• UNHCR provided legal submissions on the Refugees Amendment Bill 2015 which, amongst other issues, seeks to limit the right to work for asylum-seekers. UNHCR also advised on issues relating to the closure of abandoned asylum applications, guidelines for adjudicating LGBTI asylum claims, the right to work and family reunification. 
• UNHCR and its partners through outreach, advocacy and lobbying have made advances to integrate PoC in key priority areas such as access to education and health services. UNHCR continues to engage with the Department of Social Development in ensuring that social grants are accessible to refugees. 

Unmet needs

• South Africa receives the highest number of asylum applications in the subregion and there is a critical need for additional resources, particularly to address key protection concerns including countering xenophobia. 
• Effective monitoring and support of extremely vulnerable population groups scattered across different areas of the country was not feasible due to insufficient resources. 
• UNHCR is not able to fully address all the issues raised by PoC during community outreach activities, particularly issues concerning documentation, accommodation and livelihoods which are continuously presented as major concerns. 
• A comprehensive education awareness campaign aimed at preventing xenophobia could not be implemented.

Working environment 

South Africa’s national legislation incorporates the basic principles of refugee protection, including freedom of movement, the right to work, and access to basic social services. However, some public institutions do not recognize refugees’ permits, preventing them from bene­fitting fully from these rights. The current socio-economic environment – high unemployment, poor service delivery, and economic inequality – has strained relations between refugees, asylum-seekers and host populations.

Reaching refugees remains a challenge for UNHCR as most reside in urban areas.

South Africa continues to be a major destination for asylum-seekers, as well as migrants and others seeking better economic and social opportunities. There are con­firmed reports of human smuggling and traf­ficking.

The asylum system is overwhelmed. The large number of applications has created a backlog, affecting the quality and ef­ficiency of refugee status determination (RSD). Without a comprehensive immigration system, migrant workers and others sometimes try to make use of the asylum system to stay legally and gain access to South Africa’s services. The Government is establishing a border-management agency to regulate immigration and, in July 2014, new regulations came into effect.

RSD is carried out by the South African Government. In 2015, it will continue to support international efforts to protect and assist refugees through providing access to health facilities, schools and social services.

Needs and strategies

The main needs of refugees remain access to: documentation; a fair and functioning asylum system; basic social services, provided in national legislation and policy; occasional emergency assistance for the most vulnerable, including shelter and food; and social cohesion programmes.

UNHCR’s approach continues to focus on enhancing strategic partnerships and strengthening coordination in its main areas of intervention. In 2015, the Of­fice will advocate that the current asylum space be preserved, allowing refugees and asylum-seekers to work, study and access health and social services. UNHCR will continue to provide technical support and advice to the Department of Home Affairs, promote self-reliance, and enable local integration. Short-term material assistance will be provided for vulnerable refugees and asylum-seekers who cannot access other essential assistance, such as shelter and food, until they can benefi­t from local charitable or governmental social services.

The Offi­ce will intensify efforts to ensure that survivors of sexual and gender-based violence receive the necessary support and assistance. Resettlement will continue to be a protection tool for individuals with critical needs. Special efforts will be made to pursue preventive actions and advocacy, including awareness campaigns, conflict resolution programmes and other community interventions aimed at promoting social cohesion.