Sunday World (South Africa)

Relief measures ignored refugees

State’s economic aid packages were mostly for citizens

- Callixte Kavuro Kavuro is a postdoctor­al research fellow in public law at Stellenbos­ch University. • This article first appeared on The Conversati­on.

The early days of the Covid-19 pandemic in South Africa saw the government impose a lockdown in a bid to save lives. It introduced several interventi­ons to cushion the impact of the crisis caused by the shutdown of economic activities on citizens. Among the measures were food aid as well as unemployme­nt and debt relief.

Refugees and asylum seekers expected similar protection. Their expectatio­ns flowed from the fact the South African government has a responsibi­lity to protect them according to the Refugees Act 130 of 1998.

The act incorporat­es internatio­nal protection­s enshrined in the 1951 UN Convention and the African Union Convention. These require states or the UN High Commission­er for Refugees to uphold the human rights of refugees and asylum seekers.

An asylum seeker is someone who has applied for sanctuary, and whose applicatio­n is still being adjudicate­d on. A refugee is someone who has already been granted asylum.

According to a 2019 UN report, South Africa had 89285 formally recognised refugees and 188285 asylum seekers. From 2008 to 2012, the number of asylum seekers had increased to 800000 – mostly Zimbabwean­s.

As some refugees and asylum seekers are active in the South African economy, their economic activities were also affected by the lockdown. But it became evident early on that the state was reluctant to implement the Refugees Act in a way that would enable them to benefit meaningful­ly from its Covid-19 relief packages.

On March 15 2020 President Cyril Ramaphosa stated that his cabinet was “finalising a comprehens­ive package of interventi­ons to mitigate the expected impact of Covid-19 on the economy. Such interventi­ons would prioritise protecting the health and wellbeing of “all South Africans”. This, by implicatio­n, excluded refugees and asylum seekers.

I have examined the protection of the socio-economic rights of refugees and asylum seekers in the country during the pandemic.

The study highlights the need for the country’s Covid-19 relief measures, and constituti­onal socio-economic protection­s in general, to be harmonised with the Refugees Act to promote access by formally recognised refugees to state relief programmes.

With food aid parcels, recipients were required to have a

South African identity document.

Food parcels were later replaced by the monthly R350 Social Relief of Distress grant for the unemployed.

Beneficiar­ies included refugees but asylum seekers were initially excluded.

Refugees and asylum seekers were unable to access relief for small businesses. The Debt Relief for Distressed Business and the Business Growth/resilient Facility packages were restricted to businesses that are 100% owned by citizens.

The restructur­ing of loans or packages funded by the Small Enterprise Finance Agency was restricted to citizens and foreign nationals with permanent residence status.

The Spaza Shop Support package was mainly for citizens: 70% of the package was allocated to South African-owned informal retail stores (spaza shops).

Relief packages for small businesses in the tourism industry were disbursed in line with the country’s BEE policy. The policy seeks to enable meaningful participat­ion in the economy by black people who were disadvanta­ged by apartheid. This excluded refugees and asylum seekers.

When it came to relief for employees and employers, the Department of Employment and Labour argued that its computer system was not designed to capture the numbers appearing on the refugees and asylum seekers’ status permits.

The South African government has, over the years, displayed an ambivalent attitude towards the protection of refugees and asylum seekers. This is evident in its adoption of socio-economic laws which do not speak to the Refugees Act. These include the Housing Act of 1997, the 2003 National Health Act, the 1999 National Student Financial Aid Scheme Act and the 1998 Skills Developmen­t Act.

This ambivalenc­e stems from the notion among some within the government that most asylum seekers and refugees are not “genuine”. This is because of gaps in the asylum management system that economic migrants exploit. Thus, genuine refugees and asylum seekers are ignored as beneficiar­ies.

From 2008 to 2012, number of asylum seekers increased

to 800 000

 ?? / Bongiwe Mchunu ?? Refugees and asylum seekers in South Africa were excluded from most of the state’s economic relief programmes during the Covid-19 lockdown.
/ Bongiwe Mchunu Refugees and asylum seekers in South Africa were excluded from most of the state’s economic relief programmes during the Covid-19 lockdown.
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