Issued by: Department of Home Affairs
On 29-30 July 1996 a number of asylum-seekers, refugees and rejected asylum-seekers held a demonstration outside the offices of the United Nations High Commissioner for Refugees in Schoeman Street, Pretoria.
They handed a memorandum containing certain demands to the Regional Representative of the United Nations High Commissioner for Refugees, Mr N Bwakira.
The demands were for:
1. "assistance from the UNHCR to re-settle elsewhere;
2. protection from the South African Government of the right of rejected asylum-seekers (to remain in South Africa) until they find another country of asylum;
3. the right of rejected asylum-seekers who consider that their applications have been spoiled or given unfair decisions, to be heard by a neutral tribunal;
4. re-settlement of rejected asylum-seekers in other countries with the assistance of the UNHCR;
5. asylum-seekers who have had their applications rejected because of their country of origin, like Ethiopians, to have a fair assessment of political conditions there and to be given refugee status in this country;
6. all those who are given asylum to benefit from that right like financial assistance and work opportunities."
Regarding the above demands the Department of Home Affairs responds as follows in the same order as the demands;
1. The United Nations High Commissioner for Refugees will only assist refugees or asylum-seekers to re-settle when the current country of asylum is not considered to be a safe country. This is clearly not the case in South Africa. Re-settlement can also be considered in other highly exceptional circumstances.
2. An asylum-seeker who has had his or her application rejected is no longer considered to be an asylum-seeker and does not enjoy the rights of privileges of an asylum-seeker. As most countries apply the same criteria when considering applications for asylum, it is most unlikely that an application which is rejected in South Africa will succeed elsewhere.
3. When an application for asylum has been rejected the asylum-seeker is afforded the opportunity to appeal against the decision. All appeals are considered by the Refugee Appeal Board which is a neutral body. The decisions of the Appeal Board are final and binding on both the applicant and the State.
4. Please refer to the response in 1 above.
5. No application for asylum is rejected because of the country of origin. Applications are considered taking the situation in the country of origin into account and it is clear that this differs from country to country. Every application and the situation in each country are dealt with on merit to ensure a fair assessment.
6. Various Non Government Organisations assist refugees who are in need of shelter, clothing and food. All recognised refugees are allowed to work while they are in South Africa.
Issued by: Uitgereik deur: Subdirectorate Subdirektoraat COMMUNICATION KOMMUNIKASIE
DEPARTMENT OF HOME AFFAIRS DEPARTEMENT VAN BINNELANDSE SAKE
PLACE/PLEK: PRETORIA DATE/DATUM: 1996/07/30