Background Migration to South Africa Since 1994, the number of documented and undocumented migrants in South Africa has greatly increased. Most migrants come from neighboring countries that are fellow members of the regional organization, the Southern African Development Community (SADC). Several factors have contributed to the growing influx of foreign migrants: South Africa’s long and porous borders with its neighbors are difficult to control;1 the potential supply of labor from the SADC member states is “enormous and elastic;”2 and South Africa’s economic dominance in the region makes it an attractive destination for migrants. The political and economic situation in Zimbabwe, which has continued to deteriorate since 2000, also fuels migration.3 Zimbabweans are arguably the biggest group of foreign Africans in South Africa.4 Zimbabweans who seek asylum in South Africa face particular problems. Asylum and refugee determinations are governed by the Refugees Act, 1998 (No. 130 of 1998). A 2006 study commissioned by Lawyers for Human Rights and several other organizations found that Zimbabwean refugees and asylum seekers are especially vulnerable to abuse by various government departments, and more particularly by officials in the Department of Home Affairs (DHA) and South African Police Service.5 The study also revealed a perception among police officers that there is “no war in Zimbabwe,” and therefore Zimbabweans could not possibly have a right to political asylum or refugee 1 Jonathan Crush, Covert Operations: Clandestine Migration, Temporary Work and Immigration Policy in South Africa (Southern African Migration Project, 1997), p. 20. 2 Jonathan Crush and Vincent Williams, “International Migration and Development: Dynamics and Challenges in South and Southern Africa,” United Nations Expert Group Meeting on International Migration and Development, Population Division, Department of Economic and Social Affairs, United Nations Secretariat, New York, 6-8 July 2005, p. 5, citing Guy Standing, John Sender, and John Weeks, Restructuring the Labour Market: The South African Challenge (Geneva: ILO, 1996), pp. 61-62. 3 Human Rights Watch, “Zimbabwe: Evicted and Forsaken. Internally Displaced Persons in the Aftermath of Operation Murambatsvina,” A Human Rights Watch Report, vol. 17, no. 16(A), December 2005, http://hrw.org/reports/2005/zim1205; “‘Clear the Filth’: Mass Evictions and Demolitions in Zimbabwe,” A Human Rights Watch Briefing Paper, September 11, 2005, http://hrw.org/backgrounder/africa/zimbabwe0905/; “Not a Level Playing Field: Zimbabwe’s Parliamentary Elections in 2005,” A Human Rights Watch Briefing Paper, March 21, 2005, http://hrw.org/backgrounder/africa/zimbabwe0305/; “Zimbabwe’s Non-Governmental Organizations Bill: Out of Sync with SADC Standards and a Threat to Civil Society Groups,” A Human Rights Watch Briefing Paper, December 3, 2004, http://hrw.org/backgrounder/africa/zimbabwe/2004/12/; “Zimbabwe: Fast Track Land Reform in Zimbabwe,” A Human Rights Watch Report, vol. 14, no. 1(A), March 2002, hrw.org/reports/2002/Zimbabwe/. 4 “Video captures plight of Zimbabwean refugees,” Daily News Online (Zimbabwe), November 19, 2004, http://www.zimbabwesituation.com/nov19_2004.html#link5 (accessed July 7, 2006). 5 “The Documented Experiences of Refugees, Deportees and Asylum Seekers in South Africa: A Zimbabwean Case Study,” A Written Submission Prepared by Civil Society Organisations Working on the Refugee and Asylum Seekers’ Human Rights Issues in South Africa, For Presentation to the Minister of Home Affairs, April 2006, Johannesburg, South Africa, p. 6. HUMAN RIGHTS WATCH VOLUME 18, NO. 6(A) 8