08/12/2004

Zimbabweans living in South Africa face serious obstacles in accessing political asylum. (See "Zimbabweans in South Africa: Denied Access to Political Asylum"). But as the political crisis continues to grow in Zimbabwe, the United Nations High Commission for Refugees (UNHCR) is failing to advocate for Zimbabweans' right to protection under international standards and South African domestic legislation. UNHCR has not provided sufficient support to the Government of South Africa in defining and implementing its refugee policy towards Zimbabweans. Further, UNHCR staff in South Africa downplay the political crisis in Zimbabwe and show a marked tendency to dismiss the legitimacy of Zimbabweans' overall case for asylum, making a minimal effort to provide direct protection.

Historically, there have always been Zimbabwean farm workers working illegally on the farms in Limpopo province, which borders Zimbabwe. Many Zimbabweans admit that they come to South Africa for economic reasons. But on an assessment mission to the border region in June 2004, Refugees International identified migrant workers who are also fleeing political persecution in Zimbabwe. Former farm workers near the border told RI, "I was working in the cane fields. I had to leave because of unemployment and because I was constantly assaulted by ZANU-PF [the ruling party] people. They wanted me to vote for them. Many others have fled but I do not know where are now." Another Zimbabwean farm worker told RI, "I want to go back to Zimbabwe but we cannot survive there because we are living in fear - we have no future. People here separate us because we are Zimbabweans. I work where I live. There is nowhere for me to go so police cannot find me and return me to Zimbabwe."

There is an urgent need for an international presence and visibility in this border area. UNHCR has not sent protection officers to the border with Zimbabwe since June 2003, and is thus unable to assist undocumented Zimbabweans who are routinely rounded up and deported by the South African police and army. In the past, UNHCR worked with the South African government to draft detailed contingency plans for a potential massive Zimbabwean influx following the 2002 presidential elections. A Disaster Management Committee was set up which identified possible refugee reception sites near the border. When the large-scale influx did not happen, UNHCR determined that there was no longer a need to monitor the border on a regular basis.

UNHCR's lack of regular contact with Zimbabwean asylum seekers leads its staff to accept the easy stereotype that all Zimbabweans are economic migrants. UNHCR told RI, "Well, abuse of the system is quite large [by Zimbabweans]. Why should we give them to the right to work when there is so much abuse?" UNHCR also expressed doubts about the veracity of the picture of political oppression in their home country painted by Zimbabwean activist groups in South Africa saying, "Why would so-called refugees seek publicity when they are afraid?"

UNHCR senior protection staff maintain that Zimbabweans have the same access as other asylum seekers and face the same barriers to obtaining asylum. RI's observations at the Pretoria and Johannesburg Refugee Reception offices, the closest offices to the Zimbabwe border, contradicted this assessment. Zimbabweans waiting in line to receive an appointment complained bitterly about lack of access. "They ignore Zimbabweans. They don't like Zimbabweans here. They say, 'You trouble us.'" Humanitarian officials working directly with Zimbabwean asylum seekers also told RI, "Zimbabweans definitely have a harder time accessing the system compared to everyone else." This was confirmed by interviews with South African government Department of Home Affairs (DHA) refugee reception officers who stated, "There is no civil war in Zimbabwe, therefore we do not put them at the top of the list."

UNHCR has no regular presence at the Refugee Reception Office in Johannesburg. The location of the Reception Office has been changed several times since October of 2003 and UNHCR officials admitted that they have not visited the new facilities since then. Monthly meetings with the DHA office were suspended in September 2003 and UNHCR said they were awaiting an invitation from DHA after the official re-opening of the Reception Office as of July 1, 2004. Meanwhile Zimbabweans have been queuing for hours unsuccessfully every Tuesday in order to begin their asylum application procedures or renew their temporary permit of stay.

UNHCR maintains that their interventions have helped the Government of South Africa clarify their position on Zimbabweans, but DHA officials dispute this, complaining that they want more collaboration and involvement from the UN agency. In addition to help in processing the backlog of 60,000 asylum applications, DHA has asked UNHCR to provide additional training to their officers. DHA needs training support from UNHCR and guidance to develop a clear policy regarding Zimbabwean asylum seekers.

The failure to visit the border area for more than one year and the failure to visit the Refugee Reception Office in Johannesburg for eight months epitomize the lack of commitment of UNHCR to protecting Zimbabwean asylum seekers in South Africa. The irony is that compared to the typical UNHCR post, South Africa is an ideal working environment, with an unusually open society and logistical networks unsurpassed on the continent. There are no obstacles to UNHCR being more vigorous in fulfilling its mandate on behalf of Zimbabweans. But South Africa appears to be a place where UNHCR has lost sight of its mission, as evidenced by protection staff making appallingly cynical comments, telling RI that Zimbabweans "like to be arrested so they can get a free train ride home to Zimbabwe for Christmas."

"The people we work with are of no concern to UNHCR," claimed an NGO that works with Zimbabwean political asylum seekers. This has to change.

Refugees International, therefore, recommends that:

• UNHCR resume regular visits to the border with Zimbabwe and surrounding areas to provide an international presence and to assist Zimbabwean political asylum seekers.
• UNHCR and the Department of Home Affairs resume regular meetings of the Disaster Management Committee and set up an appropriate system to deal with individual claims of political asylum.
• UNHCR visit and assess the premises of the Refugee Reception Office in Johannesburg and reconvene monthly meetings to better support the DHA.
• UNHCR devote greater resources to providing technical assistance and training to South African refugee and immigration officials, including members from the South Africa National Police Services, to provide protection from unlawful detentions and subsequent deportations for genuine asylum seekers.
  

Advocates Sarah Martin and Andrea Lari visited South Africa in June.