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Author : Fatima Khan (Lawyer),Tal Schreier
Publisher : Juta and Company Ltd
Page : 326 pages
File Size : 45,6 Mb
Release : 2014
Category : Asylum, Right of
ISBN : 1485101239
Author : Fatima Khan (Lawyer),Tal Schreier
Publisher : Unknown
Page : 278 pages
File Size : 40,6 Mb
Release : 2014
Category : Asylum, Right of
ISBN : 1485108853
"Refugee Law in South Africa outlines the existing law relating to refugees as reflected in South African legislation and its growing body of refugee law jurisprudence as at 2013, while also paying heed to relevant international law, which remains central to today’s regime of international refugee protection and international jurisprudence. The book also identifies the practice changes resulting from the government’s recent refugee policy shift and considers what may be expected in the future. The topics covered in Refugee Law in South Africa include a detailed analysis of the refugee definition in South African law, the process of applying for refugee status, refugee status determination, and the rights of refugees and asylum seekers. The book concludes with an examination of how immigration law and refugee law in South Africa can be reconciled."--
Author : Anonim
Publisher : Unknown
Page : 82 pages
File Size : 45,9 Mb
Release : 2001
Category : Human rights
ISBN : STANFORD:36105111030552
Includes statistics.
Author : Jeff Handmaker,Lee Anne de la Hunt,Jonathan Klaaren
Publisher : Berghahn Books
Page : 344 pages
File Size : 48,6 Mb
Release : 2008-03-01
Category : Social Science
ISBN : 9780857450272
Divided into three thematic parts to guide the reader, this important volume documents the development and implementation of refugee policy in South Africa over a 10-year period from 1996 until 2006. In doing so, it addresses issues of detention, gender, children and health as well as welfare policies for refugees. The contributions, all written by academics and practitioners of refugee protection, vividly illustrate the tangible shifts and concerns of a process that is not only aimed at establishing policies and legislation but also practices concerning refugees.
Author : Marina Sharpe
Publisher : Oxford University Press
Page : 250 pages
File Size : 43,7 Mb
Release : 2018-07-19
Category : Law
ISBN : 9780192560681
This book analyses the legal framework for refugee protection in Africa, including both refugee and human rights law as well as treaty and institutional elements. The regime is addressed in two parts. Part One analyses the relevant treaties: the 1951 Convention relating to the Status of Refugees, the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa and the 1981 African Charter on Human and Peoples Rights. The latter two regional instruments are examined in depth. This includes the first fulsome account of the African Refugee Conventions drafting, an interpretation of its unique refugee definition and original analysis of the relationships between the three treaties. Significant attention is devoted to the systemic relationship between the international and the regional refugee treaties and to the discrete relationships of conflict and complementary relationships between the two refugee instruments, as well as to the relationships between the African Refugee Convention and African Charter. Part Two focuses on the institutional architecture supporting the treaty framework. The Organization of African Unity is addressed in a historical sense, and the contemporary roles of the African Union, the African Commission on Human and Peoples Rights and the current and contemplated African human rights courts are examined. This book is the first devoted to the legal framework for refugee protection in Africa.
Author : Crush, Jonathan,Skinner, Caroline
Publisher : Southern African Migration Programme
Page : 40 pages
File Size : 51,7 Mb
Release : 2017-10-10
Category : Social Science
ISBN : 9781920596408
To understand the policy environment within which refugees establish and operate their enterprises in South Africa’s informal sector, this report brings together two streams of policy analysis. The first concerns the changing refugee policies and the erosion of the progressive approach that characterized the immediate post-apartheid period. The second concerns the informal sector policy, which oscillates between tolerance and attempted destruction at national and municipal levels. While there have been longstanding tensions between foreign and South African informal sector operators, an overtly anti-foreign migrant sentiment has increasingly been expressed in official policy and practice. This report describes the strategies being used to turn South Africa into an undesirable destination for refugees, including the setting up of additional procedural, administrative and logistical hurdles; the undercutting of court judgments affirming the right of asylum-seekers and refugees to employment and self-employment; ensuring that protection is always temporary by making it extremely difficult for refugees to progress to permanent residence and eventual citizenship; and restricting opportunities to pursue a livelihood in the informal sector. The authors conclude that the protection of refugee rights is likely to continue to depend on a cohort of non-governmental organizations prioritizing migrant livelihood rights and being willing and able to pursue time-consuming and costly litigation on their behalf.
Author : Cristiano d'Orsi
Publisher : Routledge
Page : 384 pages
File Size : 43,7 Mb
Release : 2015-08-11
Category : Law
ISBN : 9781317669814
It is not often acknowledged that the great majority of African refugee movement happens within Africa rather than from Africa to the West. This book examines the specific characteristics and challenges of the refugee situation in Sub-Saharan Africa, offering a new and critical vision on the situation of asylum-seekers and refugees in the African continent. Cristiano d’Orsi considers the international, regional and domestic legal and institutional frameworks linked to refugee protection in Sub-Saharan Africa, and explores the contributions African refugee protection has brought to the cause on a global scale. Key issues covered in the book include the theory and the practice of non-refoulement, an analysis of the phenomenon of mass-influx, the concept of burden-sharing, and the role of freedom fighters. The book goes on to examine the expulsions of refugees and the historical role played by UNHCR in Sub-Saharan Africa. As a work which follows the persecution and legal challenges of those in search of a safe haven, this book will be of great interest and use to researchers and students of immigration and asylum law, international law, human rights, and African studies.
Author : Jonathan Klaaren,Bonaventure Rutinwa
Publisher : Institute for Democracy in South Africa
Page : 164 pages
File Size : 44,7 Mb
Release : 2004
Category : Law
ISBN : UOM:39015069156209
The book is based on the study of legal harmonisation of immigration and refugee law in the Southern African Development Community.It includes the following topics: citizenship; registration and identification of births and deaths, immigration laws and refugees and immigration controls. Comment Don: MRCC.
Author : Susan Kneebone,Dallal Stevens,Loretta Baldassar
Publisher : Routledge
Page : 338 pages
File Size : 44,5 Mb
Release : 2014-06-27
Category : Law
ISBN : 9781135046910
Sixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns for hosting states and regions, for countries of origin, for humanitarian organisations on the ground, and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary ‘refugeehood’: protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times. The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidents of refoulement. It argues that ‘Protection’, which is a core focus of the Refugee Convention, appears to be under threat, as there are many gaps and inconsistencies in practice. Contributors to the volume, who include Erika Feller, Elspeth Guild, Hélène Lambert and Roger Zetter, look at the relevant issues from the perspective of a number of different disciplines including law, politics, sociology, and anthropology. The chapters examine the link between identity and protection as a basis for understanding how the Refugee Convention has been and is being applied in policy and practice. The situation in a number of jurisdictions and regions in Europe, North America, South East Asia, Africa and the Middle East is explored in order to ask the question does jurisprudence under the Refugee Convention need better coordination and how successful is oversight of the Convention?
Author : M. Rafiqul Islam,Md. Jahid Hossain Bhuiyan
Publisher : Martinus Nijhoff Publishers
Page : 447 pages
File Size : 55,5 Mb
Release : 2013-05-15
Category : Law
ISBN : 9789004226166
The book is designed to provide an overview of the development, meaning, and nature of international refugee law. The jurisprudence on the status of refugees, loss and denial of the refugees status, non-refoulement, asylum, problems and challenges of refugee protection, the law of return and the right of return, critical refugees and immigration law, and the role of international organizations in protection of refugees are revisited in the context of contemporary realities. The relationship between armed conflict, climate change, and human right violations induced refugees and the existing international refugee regime emerging will be succinctly highlighted and analysed in the book. This lucidly written and timely book will be immensely helpful to anyone grappling with the demonstrated inadequacies of international refugee law in real life situations today and desirous of the reorientation of its meaning and scope to cater for the changing needs and shared expectation of the international community in the 21st century.
Author : Hne Lambert
Publisher : Routledge
Page : 554 pages
File Size : 51,5 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351562218
The essays selected and reproduced in this volume explore how international refugee law is dynamic and constantly evolving. From an instrument designed to protect mostly those civilians fleeing the worse excesses of World War II, the 1951 Refugee Convention has developed into a set of principles, customary rules, and values that are now firmly embedded in the human rights framework, and are applicable to a far broader range of refugees. In addition, international refugee law has been affected by international humanitarian law and international criminal law (and vice versa). Thus, there is a reinforcing dynamic in the development of these complementary areas of law. At the same time, in recent decades states have shown a renewed interest in managing migration, thereby raising issues of how to reconcile such interests with refugee protection principles. In addition, the emergence of concepts of participation and responsibility to protect promise to have an impact on international refugee law.
Author : Mary Crock
Publisher : Routledge
Page : 598 pages
File Size : 48,9 Mb
Release : 2017-05-15
Category : Political Science
ISBN : 9781351905626
Forced migration is both as ancient as human life on earth and a relatively new subject of interest for human rights scholars. This volume continues the discussion from Migrants and Rights to focus attention on refugees, victims of trafficking and others who cross borders seeking protection from anthropogenic or natural disasters. The opening essays provide historical and conceptual overviews of rights to freedom of movement and asylum; and links between human rights and refugee law. Articles on the principle of non-refoulement in international law explore the occasional disjuncture between the individual’s right to protection and the State’s rights to protect its national interests. The refugee’s rights to due process and the substance of entitlements at law are explored in essays that range across administrative processes; social and cultural rights, including family reunion; detention; and the right of return. There follow four essays that address sexual orientation and refugee rights; refugees and disability rights; human rights and persons displaced by climate change disasters; and the rights of victims of human trafficking. The volume concludes with work reflecting on the rights discourse outside of traditional ’Western’ theatres. These cover Africa (Kenya), India, South America (Brazil) and the Asia-Pacific (Indonesia and Papua New Guinea).
Author : Zonke Majodina
Publisher : Unknown
Page : 232 pages
File Size : 42,7 Mb
Release : 2001
Category : Political Science
ISBN : STANFORD:36105113030543
Comprises 9 papers which focus on refugees and asylum seekers.
Author : Nobuntu Mbelle
Publisher : Unknown
Page : 74 pages
File Size : 40,6 Mb
Release : 2005
Category : Asylum, Right of
ISBN : UOM:39015069181876
Recommendations. To the government of South Africa - To the United Nations High Commissioner for Refugees. -- Background. -- The legal framework. International principles - South African law. -- Obstacles in the refugee status determination process. Overview of the process - Applying for asylum. The fourteen-day permit to report to a refugee reception office - Inability to gain access to the refugee reception office - Corrupt practices. First interview - Response of Department of Home Affairs. - Lack of official interpreters - Delays in the determination of refugee status - Failure to recognize the legal right to work and study - Hearing before the refugee status determination officer and determination of claims. - Appeal and review of refugee status determination decisions. Lack of legal representation - Growing backlog of appeals. - Refugee status entitlements. Documentation and duration of refugee status - Permanent residency. -- Inadequate protection for refugees and asylum seekers. Harassment, mistreatment and extortion of asylum seekers and refugees by law enforcement agencies - Arrest, detention and the threat of deportation of refugees and asylum seekers as "illegal foreigners". Unlawful detention and the threat of deportation of refugees and asylum seekers at Lindela Deportation Center. - Detention beyond the thirty-day limit. - Failure to adequately protect unaccompanied minors. Legal standards - Children and the refugee status determination process in South Africa - Detention of unaccompanied children at Lindela Deportation Center - Children's lack of access to assistance and social services. - Social assistance for refugees and asylum seekers in Johannesburg. Legal standards - The right to work - Access to housing - Access to health care and medical treatment. -- The role of UNHCR. -- Conclusion. -- Acknowledgements.
Author : James C. Hathaway
Publisher : Martinus Nijhoff Publishers
Page : 208 pages
File Size : 45,6 Mb
Release : 1997-09-17
Category : Law
ISBN : 9041104186
2.2 The Refugee Family.
