Protection and Dignity in Johannesburg: Shortcomings of South Africa's Urban Refugee Policy

摘要

Since the end of apartheid, South African cities have become destinations for refugees and asylum seekers from across Africa. In line with its constitutional commitments to human rights and dignity, South Africa has enacted a refugee policy intended to maximize freedom and protection by promoting refugees' temporary integration into local communities. In doing so, the law guarantees freedom of movement, access to many social services, and rights to compete in labour and housing markets. This article argues that because refugees and asylum seekers are effectively unable to convert these legal entitlements into effective protection, South Africa has failed to meet its domestic and international obligations. This argument draws particular attention to institutional failures in determining refugee status and issuing recognizable identity documents; denial of essential social services; and abuse at the hands of law enforcement agents. It concludes by suggesting a positive obligation for the state to counter the full range of obstacles that prevent asylum seekers and refugees from securing effective protection.