Advancing Refugee Protection in South Africa

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.

“Interesting contribution to an often too Euro-centric discourse.” • Verfassung und Recht in Übersee / Law and Politics in Africa, Asia and Latin America“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

• AcknowledgementsIntroductionJeff Handmaker, Lee Anne de la Hunt and Jonathan KlaarenPART I: THE DEVELOPMENT OF REFUGEE POLICY IN SOUTH AFRICAChapter 1. International and National Responses to the Challenges of Mass Forced DisplacementGuy S. Goodwin-GillChapter 2. Regional Integration, Protection and Migration Policy Challenges in Southern AfricaLoren B. LandauChapter 3. Talking a New Talk: A Legislative History of the Refugees Act 130 of 1998Jonathan Klaaren, Jeff Handmaker and Lee Anne de la HuntChapter 4. Refugee Status Determination Procedures in South African LawJonathan Klaaren and Chris SprigmanPART II: THE IMPLEMENTATION OF REFUGEE POLICY IN SOUTH AFRICAChapter 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 ActLee Anne de la Hunt and William KerfootChapter 6. Starting with a Clean Slate? Efforts to Deal with Asylum Application Backlogs in South AfricaJeff HandmakerChapter 7. Solucão Durável? Implementing a Durable Solution for Angolan Refugees in South AfricaJeff Handmaker and Dosso NdessominPART III: SPECIAL ISSUES ON REFUGEE POLICY IN SOUTH AFRICAChapter 8. Detaining Asylum-seekers: Perspectives on Proposed Reception Centres for Asylum-seekers in South AfricaFrankie Jenkins and Lee Anne de la HuntChapter 9. Protecting the Most Vulnerable: Using the Existing Policy Framework to Strengthen Protection for Refugee ChildrenVictoria Mayer, Jacob van Garderen, Jeff Handmaker and Lee Anne de la HuntChapter 10. Protecting the Invisible: The Status of Women Refugees in Southern AfricaNahla Valji, Lee Anne de la Hunt and Helen MoffettChapter 11. Realising Rights: The Development of Health and Welfare Policies for Asylum-seekers and Refugees in South AfricaFlorencia Belvedere, Piers Pigou and Jeff HandmakerConclusionJonathan Klaaren and Jeff HandmakerAPPENDICESAppendix I: Refugees Act 130 of 1998Appendix II: Regulations to the South African Refugees Act, Government Notice Department of Home Affairs No. R 366, 6 April 2000BibliographyNotes on ContributorsIndex