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Author : Fatima Khan (Lawyer)
Publisher : Juta and Company Ltd
ISBN 13 : 9781485101239
Total Pages : 326 pages
Book Rating : 4.1/5 (12 download)
Download or read book Refugee Law in South Africa written by Fatima Khan (Lawyer) and published by Juta and Company Ltd. This book was released on 2014 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Fatima Khan (Lawyer)
Publisher :
ISBN 13 : 9781485108856
Total Pages : 278 pages
Book Rating : 4.1/5 (88 download)
Download or read book Refugee Law in South Africa written by Fatima Khan (Lawyer) and published by . This book was released on 2014 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Refugee Law in South Africa outlines the existing law relating to refugees as reflected in South African legislation and its growing body of refugee law jurisprudence as at 2013, while also paying heed to relevant international law, which remains central to today’s regime of international refugee protection and international jurisprudence. The book also identifies the practice changes resulting from the government’s recent refugee policy shift and considers what may be expected in the future. The topics covered in Refugee Law in South Africa include a detailed analysis of the refugee definition in South African law, the process of applying for refugee status, refugee status determination, and the rights of refugees and asylum seekers. The book concludes with an examination of how immigration law and refugee law in South Africa can be reconciled."--
Author : Jeff Handmaker
Publisher : Berghahn Books
ISBN 13 : 9781845451097
Total Pages : 352 pages
Book Rating : 4.4/5 (51 download)
Download or read book Advancing Refugee Protection in South Africa written by Jeff Handmaker and published by Berghahn Books. This book was released on 2008 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Perspectives on Refugee Protection in South Africa written by and published by . This book was released on 2001 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes statistics.
Author : Crush, Jonathan
Publisher : Southern African Migration Programme
ISBN 13 : 1920596402
Total Pages : 40 pages
Book Rating : 4.9/5 (25 download)
Download or read book Rendering South Africa Undesirable written by Crush, Jonathan and published by Southern African Migration Programme. This book was released on 2017-10-10 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: To understand the policy environment within which refugees establish and operate their enterprises in South Africa’s informal sector, this report brings together two streams of policy analysis. The first concerns the changing refugee policies and the erosion of the progressive approach that characterized the immediate post-apartheid period. The second concerns the informal sector policy, which oscillates between tolerance and attempted destruction at national and municipal levels. While there have been longstanding tensions between foreign and South African informal sector operators, an overtly anti-foreign migrant sentiment has increasingly been expressed in official policy and practice. This report describes the strategies being used to turn South Africa into an undesirable destination for refugees, including the setting up of additional procedural, administrative and logistical hurdles; the undercutting of court judgments affirming the right of asylum-seekers and refugees to employment and self-employment; ensuring that protection is always temporary by making it extremely difficult for refugees to progress to permanent residence and eventual citizenship; and restricting opportunities to pursue a livelihood in the informal sector. The authors conclude that the protection of refugee rights is likely to continue to depend on a cohort of non-governmental organizations prioritizing migrant livelihood rights and being willing and able to pursue time-consuming and costly litigation on their behalf.
Author : Marina Sharpe
Publisher : Oxford University Press
ISBN 13 : 0192560689
Total Pages : 250 pages
Book Rating : 4.1/5 (925 download)
Download or read book The Regional Law of Refugee Protection in Africa written by Marina Sharpe and published by Oxford University Press. This book was released on 2018-07-19 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the legal framework for refugee protection in Africa, including both refugee and human rights law as well as treaty and institutional elements. The regime is addressed in two parts. Part One analyses the relevant treaties: the 1951 Convention relating to the Status of Refugees, the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa and the 1981 African Charter on Human and Peoples Rights. The latter two regional instruments are examined in depth. This includes the first fulsome account of the African Refugee Conventions drafting, an interpretation of its unique refugee definition and original analysis of the relationships between the three treaties. Significant attention is devoted to the systemic relationship between the international and the regional refugee treaties and to the discrete relationships of conflict and complementary relationships between the two refugee instruments, as well as to the relationships between the African Refugee Convention and African Charter. Part Two focuses on the institutional architecture supporting the treaty framework. The Organization of African Unity is addressed in a historical sense, and the contemporary roles of the African Union, the African Commission on Human and Peoples Rights and the current and contemplated African human rights courts are examined. This book is the first devoted to the legal framework for refugee protection in Africa.
Author : Human Rights Watch (Organization)
Publisher : Human Rights Watch
ISBN 13 : 9781564321817
Total Pages : 260 pages
Book Rating : 4.3/5 (218 download)
Download or read book Prohibited Persons written by Human Rights Watch (Organization) and published by Human Rights Watch. This book was released on 1998 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Aliens Control Act
Author : Cristiano d'Orsi
Publisher : Routledge
ISBN 13 : 1317669827
Total Pages : 345 pages
Book Rating : 4.3/5 (176 download)
Download or read book Asylum-Seeker and Refugee Protection in Sub-Saharan Africa written by Cristiano d'Orsi and published by Routledge. This book was released on 2015-08-11 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is not often acknowledged that the great majority of African refugee movement happens within Africa rather than from Africa to the West. This book examines the specific characteristics and challenges of the refugee situation in Sub-Saharan Africa, offering a new and critical vision on the situation of asylum-seekers and refugees in the African continent. Cristiano d’Orsi considers the international, regional and domestic legal and institutional frameworks linked to refugee protection in Sub-Saharan Africa, and explores the contributions African refugee protection has brought to the cause on a global scale. Key issues covered in the book include the theory and the practice of non-refoulement, an analysis of the phenomenon of mass-influx, the concept of burden-sharing, and the role of freedom fighters. The book goes on to examine the expulsions of refugees and the historical role played by UNHCR in Sub-Saharan Africa. As a work which follows the persecution and legal challenges of those in search of a safe haven, this book will be of great interest and use to researchers and students of immigration and asylum law, international law, human rights, and African studies.
Author : Jonathan Klaaren
Publisher : Institute for Democracy in South Africa
ISBN 13 :
Total Pages : 164 pages
Book Rating : 4.3/5 (91 download)
Download or read book Towards the Harmonization of Immigration and Refugee Law in SADC written by Jonathan Klaaren and published by Institute for Democracy in South Africa. This book was released on 2004 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is based on the study of legal harmonisation of immigration and refugee law in the Southern African Development Community.It includes the following topics: citizenship; registration and identification of births and deaths, immigration laws and refugees and immigration controls. Comment Don: MRCC.
Author : Nobuntu Mbelle
Publisher :
ISBN 13 :
Total Pages : 80 pages
Book Rating : 4.F/5 ( download)
Download or read book South Africa written by Nobuntu Mbelle and published by . This book was released on 2005 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recommendations. To the government of South Africa - To the United Nations High Commissioner for Refugees. -- Background. -- The legal framework. International principles - South African law. -- Obstacles in the refugee status determination process. Overview of the process - Applying for asylum. The fourteen-day permit to report to a refugee reception office - Inability to gain access to the refugee reception office - Corrupt practices. First interview - Response of Department of Home Affairs. - Lack of official interpreters - Delays in the determination of refugee status - Failure to recognize the legal right to work and study - Hearing before the refugee status determination officer and determination of claims. - Appeal and review of refugee status determination decisions. Lack of legal representation - Growing backlog of appeals. - Refugee status entitlements. Documentation and duration of refugee status - Permanent residency. -- Inadequate protection for refugees and asylum seekers. Harassment, mistreatment and extortion of asylum seekers and refugees by law enforcement agencies - Arrest, detention and the threat of deportation of refugees and asylum seekers as "illegal foreigners". Unlawful detention and the threat of deportation of refugees and asylum seekers at Lindela Deportation Center. - Detention beyond the thirty-day limit. - Failure to adequately protect unaccompanied minors. Legal standards - Children and the refugee status determination process in South Africa - Detention of unaccompanied children at Lindela Deportation Center - Children's lack of access to assistance and social services. - Social assistance for refugees and asylum seekers in Johannesburg. Legal standards - The right to work - Access to housing - Access to health care and medical treatment. -- The role of UNHCR. -- Conclusion. -- Acknowledgements.
Author : Tiyanjana Maluwa
Publisher : BRILL
ISBN 13 : 9004638296
Total Pages : 368 pages
Book Rating : 4.0/5 (46 download)
Download or read book International Law in Post-Colonial Africa written by Tiyanjana Maluwa and published by BRILL. This book was released on 2023-12-28 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: African States have contributed to the development of modern international law in various ways. This contribution can be assessed through an examination of the actual practice of these States in their interactions with each other, and with other States in the wider international community, on various matters which have a bearing on the creation of legal rules for the international community. Taken together, the case studies presented in this book demonstrate that, despite its apparent marginalization in the international system, Africa can stake a valid claim to being part of the on-going process of shaping new rules and principles of international law while strengthening existing ones. Some of the more important examples are: the broadening of the refugee definition and the principle of non-refoulement in the area of refugee law; the rights of access and transit to the sea and the concept of the exclusive economic zone in the law of the sea; the principle of uti possidetis; the concept of `peoples' rights', as distinguished from that of `human rights'; the very expansion of the traditional categorization of human rights to embrace the so-called third generation rights, such as the right to development; the Nyerere doctrine of State succession; and, in general, certain principles in the area of international fluvial law concerning the common management and utilization of shared watercourses. The discussions in this book are informed by the belief that post-colonial African States have tended to view the creation and application of international law as a historically engaged activity through which they can now empower themselves as part of the modern international community.
Author : Mary Crock
Publisher : Routledge
ISBN 13 : 1351905627
Total Pages : 598 pages
Book Rating : 4.3/5 (519 download)
Download or read book Refugees and Rights written by Mary Crock and published by Routledge. This book was released on 2017-05-15 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forced migration is both as ancient as human life on earth and a relatively new subject of interest for human rights scholars. This volume continues the discussion from Migrants and Rights to focus attention on refugees, victims of trafficking and others who cross borders seeking protection from anthropogenic or natural disasters. The opening essays provide historical and conceptual overviews of rights to freedom of movement and asylum; and links between human rights and refugee law. Articles on the principle of non-refoulement in international law explore the occasional disjuncture between the individual’s right to protection and the State’s rights to protect its national interests. The refugee’s rights to due process and the substance of entitlements at law are explored in essays that range across administrative processes; social and cultural rights, including family reunion; detention; and the right of return. There follow four essays that address sexual orientation and refugee rights; refugees and disability rights; human rights and persons displaced by climate change disasters; and the rights of victims of human trafficking. The volume concludes with work reflecting on the rights discourse outside of traditional ’Western’ theatres. These cover Africa (Kenya), India, South America (Brazil) and the Asia-Pacific (Indonesia and Papua New Guinea).
Author : Zonke Majodina
Publisher :
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.F/5 ( download)
Download or read book The Challenge of Forced Migration in Southern Africa written by Zonke Majodina and published by . This book was released on 2001 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprises 9 papers which focus on refugees and asylum seekers.
Author : H?ne Lambert
Publisher : Routledge
ISBN 13 : 1351562207
Total Pages : 587 pages
Book Rating : 4.3/5 (515 download)
Download or read book International Refugee Law written by H?ne Lambert and published by Routledge. This book was released on 2017-07-05 with total page 587 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays selected and reproduced in this volume explore how international refugee law is dynamic and constantly evolving. From an instrument designed to protect mostly those civilians fleeing the worse excesses of World War II, the 1951 Refugee Convention has developed into a set of principles, customary rules, and values that are now firmly embedded in the human rights framework, and are applicable to a far broader range of refugees. In addition, international refugee law has been affected by international humanitarian law and international criminal law (and vice versa). Thus, there is a reinforcing dynamic in the development of these complementary areas of law. At the same time, in recent decades states have shown a renewed interest in managing migration, thereby raising issues of how to reconcile such interests with refugee protection principles. In addition, the emergence of concepts of participation and responsibility to protect promise to have an impact on international refugee law.
Author : Shuvro Prosun Sarker
Publisher : Springer
ISBN 13 : 981104807X
Total Pages : 213 pages
Book Rating : 4.8/5 (11 download)
Download or read book Refugee Law in India written by Shuvro Prosun Sarker and published by Springer. This book was released on 2017-08-08 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers refugee protection mandates and addresses how legal scholarship can articulate a comprehensive and humane response to the contemporary refugee problem. Analyzing philosophical discourses and India’s policies and practices on refugee protection, including judgments of Indian Courts in refugee related cases, it examines how organizational efforts can make these policies and practices equal for every refugee in India. It also surveys prevailing discriminative protection standards and entitlements developed through Conventions, Declaration and Directives, and compares and contrasts national refugee legislations in South Africa, Brazil and Canada. A key read for scholars and practitioners interested in the legal and policy implications of refugee protection, this text identifies various practices of nation-States from across the North/South divide and provides key insights into the evolving nature of protection agendas.
Author :
Publisher : PULP
ISBN 13 : 0981412491
Total Pages : 125 pages
Book Rating : 4.9/5 (814 download)
Download or read book The Nature of South Africa's Legal Obligations to Combat Xenophobia written by and published by PULP. This book was released on 2009 with total page 125 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : B Camminga
Publisher : Springer
ISBN 13 : 3319926691
Total Pages : 301 pages
Book Rating : 4.3/5 (199 download)
Download or read book Transgender Refugees and the Imagined South Africa written by B Camminga and published by Springer. This book was released on 2018-11-01 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tracks the conceptual journeying of the term ‘transgender’ from the Global North—where it originated—along with the physical embodied journeying of transgender asylum seekers from countries within Africa to South Africa and considers the interrelationships between the two. The term 'transgender' transforms as it travels, taking on meaning in relation to bodies, national homes, institutional frameworks and imaginaries. This study centres on the experiences and narratives of people that can be usefully termed 'gender refugees', gathered through a series of life story interviews. It is the argument of this book that the departures, border crossings, arrivals and perceptions of South Africa for gender refugees have been both enabled and constrained by the contested meanings and politics of this emergence of transgender. This book explores, through these narratives, the radical constitutional-legal possibilities for 'transgender' in South Africa, the dissonances between the possibilities of constitutional law, and the pervasive politics/logic of binary ‘sex/gender’ within South African society. In doing so, this book enriches the emergent field of Transgender Studies and challenges some of the current dominant theoretical and political perceptions of 'transgender'. It offers complex narratives from the African continent regarding sex, gender, sexuality and notions of home concerning particular geo-politically situated bodies.
