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Advancing Refugee Protection in South Africa

Edited by Jeff Handmaker, Lee Anne de la Hunt and Jonathan Klaaren

346 pages, 16 illus., bibliog., index

ISBN  978-1-84545-109-7 $120.00/£75.00 hb Published (March 2008)

ISBN  978-1-84545-249-0 $34.95/£22.00 Pb Published (November 2010)

eISBN 978-0-85745-027-2 eBook


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The book is a well-researched and balanced discussion of South Africa’s attempt to address its refugee problems. All the contributors are either legal experts, general scholars or experts with extensive experience on human rights and refugee issues.”  ·  African and Asian Studies

"... a useful resource for practitioners and activists, both in South Africa and elsewhere. It represents a substantive study in an area that has been neglected, particularly in South Africa, and points to the dire need for more research and study."  ·  H-SAfrica

“This collection of essays is a significant advance in the field of refugee protection and the law in South Africa, as very little research has been done on this topic. Few authors other than those included in the collection have addressed wider refugee and migration issues in South…a very enlightening resource for both practitioners and academic researchers in South Africa and elsewhere.”  ·  African Affairs

“This book will provide important background reading for a second generation of researchers to look beyond the establishment of the asylum system to consider the extent to which, over the long term, there is substantial and contextually appropriate asylum policy in South Africa. It is equally useful for those involved in comparative studies of different asylum systems because of the detail that is provided about the internal functioning of the relevant South African government departments.”  ·  International Migration & Integration

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.

Jeff Handmaker is a lecturer in law, human rights and development at the International Institute of Social Studies of Erasmus University in The Hague and honorary research fellow at the School of Law, University of the Witwatersrand.

Lee Anne de la Hunt will spend two terms from October 2010 to March 2011 as a Visiting Fellow at the Refugee Studies Centre, Oxford Department of International Development.

Jonathan Klaaren is Professor of Law and Acting Head of the School of Law at the University of the Witwatersrand, Johannesburg.

Series: Volume 2, Human Rights in Context
Subject: Refugee & Migration Studies
Area: Africa

LC: HV640.4.S65 A38 2008

BL: 4336.439175 v. 2 DSC

BISAC: SOC002000 SOCIAL SCIENCE/Anthropology/General; SOC007000 SOCIAL SCIENCE/Emigration & Immigration; LAW018000 LAW/Constitutional

BIC: JFFN Migration, immigration & emigration; GTF Development studies



Contents

Acknowledgements

Introduction
Jeff Handmaker, Lee Anne de la Hunt and Jonathan Klaaren

PART I: THE DEVELOPMENT OF REFUGEE POLICY IN SOUTH AFRICA

Chapter 1. International and National Responses to the Challenges of Mass Forced Displacement
Guy S. Goodwin-Gill

Chapter 2. Regional Integration, Protection and Migration Policy Challenges in Southern Africa
Loren B. Landau

Chapter 3. Talking a New Talk: A Legislative History of the Refugees Act 130 of 1998
Jonathan Klaaren, Jeff Handmaker and Lee Anne de la Hunt

Chapter 4. Refugee Status Determination Procedures in South African Law
Jonathan Klaaren and Chris Sprigman

PART II: THE IMPLEMENTATION OF REFUGEE POLICY IN SOUTH AFRICA

Chapter 5. Due Process in Asylum Determination in South Africa from a Practitioner’s Perspective: Difficulties Encountered in the Interpretation, Application and Administration of the Refugees Act
Lee Anne de la Hunt and William Kerfoot

Chapter 6. Starting with a Clean Slate? Efforts to Deal with Asylum Application Backlogs in South Africa
Jeff Handmaker

Chapter 7. Solucão Durável? Implementing a Durable Solution for Angolan Refugees in South Africa
Jeff Handmaker and Dosso Ndessomin

PART III: SPECIAL ISSUES ON REFUGEE POLICY IN SOUTH AFRICA

Chapter 8. Detaining Asylum-seekers: Perspectives on Proposed Reception Centres for Asylum-seekers in South Africa
Frankie Jenkins and Lee Anne de la Hunt

Chapter 9. Protecting the Most Vulnerable: Using the Existing Policy Framework to Strengthen Protection for Refugee Children
Victoria Mayer, Jacob van Garderen, Jeff Handmaker and Lee Anne de la Hunt

Chapter 10. Protecting the Invisible: The Status of Women Refugees in Southern Africa
Nahla Valji, Lee Anne de la Hunt and Helen Moffett

Chapter 11. Realising Rights: The Development of Health and Welfare Policies for Asylum-seekers and Refugees in South Africa
Florencia Belvedere, Piers Pigou and Jeff Handmaker

Conclusion
Jonathan Klaaren and Jeff Handmaker

APPENDICES

Appendix I: Refugees Act 130 of 1998
Appendix II: Regulations to the South African Refugees Act, Government Notice Department of Home Affairs No. R 366, 6 April 2000

Bibliography
Notes on Contributors
Index

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