South Africa: Whether the South African government and its refugee protection system consider Kenyan asylum seekers to be in need of state protection; statistics from 2000-2006 on the number of asylum claims made by Kenyans in South Africa, including acceptance and refusal rates; information on the reasons for acceptance and refusal
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board of Canada, Ottawa |
| Publication Date | 26 June 2008 |
| Citation / Document Symbol | ZAF102811.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, South Africa: Whether the South African government and its refugee protection system consider Kenyan asylum seekers to be in need of state protection; statistics from 2000-2006 on the number of asylum claims made by Kenyans in South Africa, including acceptance and refusal rates; information on the reasons for acceptance and refusal, 26 June 2008, ZAF102811.E, available at: https://www.refworld.org/docid/49b92b2314.html [accessed 31 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Information on whether the South African government and its refugee protection system consider Kenyan asylum seekers to be in need of state protection was scarce among the sources consulted by the Research Directorate.
The United States (US) Department of State's Country Reports on Human Rights Practices for 2007 states that, in addition to the parameters outlined in the 1951 United Nations (UN) Convention Relating to the Status of Refugees and the 1967 Protocol, South African law "provides for a broader definition of refugee status to be granted if a person satisfies the definition in the 1969 Organization of African Unity's Convention Governing the Specific Aspects of Refugee Problems in Africa" (11 Mar. 2008, Sec. 2d). The 1969 Convention definition of the term "refugee" includes
every person who, owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality, is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country of origin or nationality. (OAU 10 Sept. 1969, Art. 1.2)
Both South Africa and Kenya are party to the 1969 Convention (ibid.).
According to the Office of the United Nations High Commissioner for Refugees (UNHCR), in 2006, 544 Kenyans applied for asylum in South Africa (UN Dec. 2007). In 2006, 42 applicants were rejected and 8 were accepted (ibid.). The UNHCR provides the following additional information on Kenyan asylum applicants to South Africa in its 2005 UNHCR Statistical Yearbook:
Year Number of asylum applicants 2000 59 2001 40 2002 9,224 2003 473 2004 454 2005 325
(UN Apr. 2007)
According to the U.S. Committee for Refugees and Immigrants (USCRI), South Africa was host to approximately 2,100 Kenyan refugees and asylum-seekers in 2006 (USCRI 2007), 10,400 in 2005 (ibid. 2006), 10,100 in 2004 (ibid. 2005) and 9,000 in 2003 (ibid. 2004).
Information on the reasons for acceptance and refusal could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
References
Organization of African Unity (OAU). 10 September 1969. "Convention Governing the Specific Aspects of Refugee Problems in Africa." (Refworld)
United Nations (UN). December 2007. Office of the United Nations High Commissioner for Refugees (UNHCR). UNHCR Statistical Yearbook 2006.
_____. April 2007. Office of the United Nations High Commissioner for Refugees (UNHCR). "Kenya." UNHCR Statistical Yearbook 2005.
United States (US). 11 March 2008. Department of State. "South Africa." Country Reports on Human Rights Practices for 2007.
U.S. Committee for Refugees and Immigrants (USCRI). 2007. "South Africa." World Refugee Survey.
_____. 2006. "South Africa." World Refugee Survey.
_____. 2005. "South Africa." World Refugee Survey.
_____. 2004. "South Africa." World Refugee Survey.
Additional Sources Consulted
Oral sources: Attempts to contact the District Representative at the Pretoria Refugee Reception Office and an official from the South African High Commission in Kenya were unsuccessful. An official from the South African High Commission in Ottawa could not provide information within the time constraints of this Response.
Internet sites, including: Amnesty International (AI), Asylumlaw.org, British Broadcasting Corporation (BBC), European Country of Origin Information Network (ecoi.net), Fédération internationale des droits de l'homme (FIDH), Freedom House, High Commission of the Republic of Kenya in South Africa, Human Rights Watch (HRW), Integrated Regional Information Networks (IRIN), Migration Policy Institute (MPI), South African Department of Home Affairs, South African Government Online, United Kingdom (UK) Home Office.
