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International Journal of Research and Innovation in Social Science (IJRISS) | Volume VI, Issue VII, July 2022 | ISSN 2454–6186

The Non-Integration of Refugees in South Africa as a Result of South African Domestic Rules

Habiba Yaouba
Law School, Zhongnan University of Economics and Law, China

IJRISS Call for paper

Abstract: To discourage and avoid refugees from seeking protection on its territory, the government of South Africa is increasingly implementing restrictive refugee policies and practices. These policies and practices include interruption, prohibition measures, and restrictive interpretations of the refugee definition. This trend has manifested itself in several different ways, including an increase in the number of people held in detention facilities, a decrease in the number of benefits received from welfare programs, and severe restrictions placed on the possibilities of achieving financial independence, as well as restricted rights to reunite families. The denial of essential social, economic, political, and cultural rights, as well as other rights guaranteed by the 1951 Convention relating to the Status of Refugees and other rights guaranteed under the OUA 1969 Convention, is one of the primary ways that the application of discouragement procedures has more recently been extended within the country to recognized refugees. This has primarily taken place as a result of a reduction in the standards of treatment that are provided to refugees. Refugees in South Africa frequently violate their fundamental legal protections because of a lack of available resources. Xenophobia and prejudice against foreigners, particularly towards refugees, have also increased in the country in recent years. These attitudes contribute to an aggressive local environment in which reduced treatment standards are tolerated or even seen as acceptable. In particular, this prejudice is directed toward refugees. Even though the State of South Africa has ratified the 1951 Convention and its 1967 Protocol, the application of the convention varies greatly depending on the national, economic, social, and cultural conditions at any given time.

Keywords: Refugees, Non-integration, South Africa.

I. INTRODUCTION

Immigration laws were explicitly created along racial lines during the apartheid era to serve the segregationist objectives of the government. Four key tenets supported South Africa’s immigration policies of the 20th century under white minority rule: the rejection of international refugee conventions, xenophobic policy and legislation, the exploitation of laborers from neighboring countries, and strict legislation enforcement.
Since ending the apartheid period, the government has formed a domestic policy to maximize and reinforce refugee protection inside the nation and promote integration into communities. This is done by the constitution’s dedication to human dignity and fundamental human rights. Despite comprehensive legal protections for all people in South Africa, including the fundamental rights of refugees, because