1. “Asylum seekers” and “Refugees”: South Africa’s legal obligations All nations have the right to control the movement of people across the borders. All governments have to protect the rights of their own citizens and tax-payers, and to ensure that people entering the nation have bona fide reasons for doing so, and means of supporting themselves in legal ways. At the same time, most nations acknowledge a responsibility for protecting the rights of those people who flee persecution in their home country, and the need to recognise refugees. For this reason, there are various international conventions protecting the rights of refugees, and many nations also have their own refugee acts. South Africa is signatory to the: • Convention Relating to Status of Refugees (UN, 1951) • Protocol Relating to Status of Refugees (UN, 1967) • Organisation of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa (OAU, 1969) • Universal Declaration of Human Rights (UN, 1948) In December 1998, the Refugees Act of South Africa became law. 56 The South African Refugees Act of 1998 prohibits Home Affairs officials from deporting persons in certain circumstances. In 2000, the Regulations or implementing procedures relevant to this Act were published. Procedure by Home Affairs in implementing the Act has to be in accordance with the Regulations.57 In terms of the South African Refugees Act, somebody has the right to claim refugee status if, on return to the country of origin a) he or she may be subjected to persecution on account of his or her race, religion, nationality, political opinion or membership of a particular social group b) his or her life, physical safety or freedom would be threatened on account of external aggression, occupation, foreign domination or other events seriously disturbing or disrupting public order in either part or the whole of that country. 58 [authors’ emphasis] “Asylum seekers” In terms of the South African Refugees Act of 1998, persons entering the country and wishing to apply for political asylum, have to present themselves at a Home Affairs Refugee Reception Office (RRO) in the country. RROs are currently located in Johannesburg, Pretoria, Cape Town, Durban and Port Elizabeth. There are plans to open a reception office in Musina, near the border with Zimbabwe but this has not yet happened. 56 This replaced the old “Aliens Control Act”, which used to grant refugee status under Section 41. The Regulations are binding, but not as entirely fixed as the rights given to refugees in terms of the Refugee Act itself. For example, the Regulations indicate that 180 days is a fair length of time for an asylum seeker to wait to have his/her application accepted or refused. However, this time length is almost never adhered to, with refugees from all nations often having to wait years for an application outcome. 58 Refugees Act 1998, Chapter 1, 2. 57 34