Practical Guide for Defending the Rights of Refugee Children and Refugee Unaccompanied Minors in South Africa

Transcription

1 Practical Guide for Defending the Rights of Refugee Children and Refugee Unaccompanied Minors in South Africa POLICY REVIEW, PROCESSES, PROCEDURES & PRACTICAL EXPERIENCE By Themba Shabangu & Paulin Mbecke

2 TABLE OF CONTENTS FOREWORD 3 ABOUT THE REFUGEE CHILDREN S PROJECT 7 CHAPTER 1: BACKGROUND 9 Introduction 9 Why the Practical Guide? 9 What is Covered in the Practical Guide? 10 For Whom is the Practical Guide Intended? 10 How to Use the Practical Guide 10 Definition of the Key Concept Refugee 11 CHAPTER 2: OVERVIEW OF THE INTERNATIONAL LEGAL INSTRUMENTS ON RC&RUM IN RSA 12 Introduction 12 The 1951 Convention Relating to the Status of Refugees 12 The 1967 Protocol Relating to the Status of Refugees 12 The 1969 OAU Convention Governing Specific Aspects of Refugee Problem in Africa 12 The United Nations High Commission for Refugees (UNHCR) Executive Committee 12 UNHCR Guidelines on Protection and Care of Refugee Children 13 National Legal Instruments, Frameworks and Policies 13 CHAPTER 3: ASYLUM SEEKING APPLICATION PROCESS AND PROCEDURES 18 Introduction 18 Asylum and Refugee Process and Procedures 19 Conclusion and Recommendations 35 CHAPTER 4: INSTITUTIONS THAT OFFER PROTECTION FROM MALTREATMENT 36 Introduction 36 The Bill of Rights 38 CHAPTER 5: PROTECTION FROM CRIME 42 Introduction 42 Reporting of Crime 42 Victim Empowerment 43 1

3 Investigation of Crime 43 Rights of the Offender 43 Redress for Violation of Rights by the South African Police Service (SAPS) 44 Prosecution 44 Court of Law 44 Correction and Rehabilitation 46 Conclusion 46 CHAPTER 7: ACCESS TO EDUCATION 47 Introduction 47 International Policy Frameworks 48 Relevant National and Provincial Legislation 49 Conclusion 51 CHAPTER 8: ACCESS TO SOCIAL SERVICE AND LOCAL INTEGRATION 52 Introduction 52 International Policy Frameworks 52 Relevant National Legislation 53 CHAPTER 9: ACCESS TO HOUSING AND SHELTER 56 Introduction 56 International Policy Frameworks 56 Relevant National Legislation 57 CHAPTER 10: XENOPHOBIA 60 Introduction 60 International Policy Framework 61 Relevant National Policies 62 APPENDIX 1: GLOSSARY OF KEY CONCEPTS 64 APPENDIX 2: IMPORTANT RESOURCES FOR REPORTING AND NETWORKING ON REFUGEE CHILDREN S AND REFUGEE UNACCOMPANIED MINORS RIGHTS 65 APPENDIX 3: METHODOLOGY 68 APPENDIX 4: ABOUT THE AUTHORS 70 2

4 Acknowledgement This handbook aims to improve knowledge of international and domestic legal framework regarding the treatment of refugee children and unaccompanied minor refugee children. It is the first of many handbooks that the Refugee Children Project will compile to update users of changes and/or amendments of policies affecting all kinds of refugee children. RCP remains grateful to all those who assisted and participated in making this a reality. A special thank goes to Atlantic Philanthropies who generously funded the handbook. In preparing it the authors relied on comments from various individuals and officials who participated in the review workshop. Participants provided valuable insight into policies whiles others provided actual policies which otherwise would not have been accessible to the drafters. Most of the comments and documents were integrated into the handbook. RCP appreciates the final comments received from Abeda Bhamjee and the editing work done by Tamlyn Manson. 3

5 FOREWORD Children are the most vulnerable members of society. Their wellbeing and the protection of their rights is a measure of society s level of safety as well as success. Children s rights have to be protected at all costs. Hence the South African government has, among other things, ratified the United Nations (UN) Convention on the Rights of the Child in order to engender a culture of child protection. This ratification presents a significant milestone because it places children s issues on government s agenda. South Africa s commitment to protecting children s rights is enshrined in Chapter Two ( Bill of Rights ) of the 1996 Constitution of the Republic of South Africa. Section 28 of the Bill of Rights outlines children s rights and states that: Every child has the right to basic nutrition, shelter, basic health care services and social services. In addition, the constitution recognises refugee children and the fact that they are a special group and require special treatment because of trauma resulting from exposure to armed conflict and political instability. Armed conflict and political instability in many parts of the world, including Africa, has forced many people especially women and children to flee their countries of birth. Those forced to flee tend to seek asylum in countries characterised by political stability, adherence to good governance practices and respect for human rights. It is therefore important for all people and organisations dealing with refugees and refugee children to know the complex legal requirements for resettling peacefully in another country. Stories of refugee s lives and experiences have been told all over the world for centuries. The modern international system for protecting refugees can be traced back to 20 th August 1922 when the League of Nations, forerunner of the United Nations, appointed Dr. Fridjof Nansen as the first High Commissioner for Refugees. On the 10 th December 1948, the United Nations proclaimed the Universal Declaration of Human Rights. Article 14 of the Declaration stipulates that: Everyone has the right to seek and enjoy in other countries asylum from persecution. Many people have requested and enjoyed asylum and protection from neighbouring and distant countries including prominent South African politicians and business people. The former United States (US) Secretary of State, Madeleine Albright (née Korbel), recalled in an interview with Refugees Magazine, that: 4

6 While I was a little girl, my family was driven twice from its home, first by Hitler and then by Stalin. This experience may have given me a deeper sense of the value of freedom, and the knowledge never to take its blessing for granted. It has also led me, in my current position, to visit refugee centres when possible. For I know, whenever I look into the eyes of a refugee child, I will see something of myself. Madeleine Albright, a Czechoslovakian refugee girl, was able to fulfil her human and intellectual potential because she resettled in an environment which respected and promoted human rights such as freedom of speech, security, and access to education and health. Worldwide, many refugee children have built successful lives after integrating into host societies at a young age. A refugee from Lithuania, Valdas Adamkus, returned home and was elected the country s president in 1992 after many years of asylum in the US. Roxana Maracineanu, a young Romanian exile, brought joy and prestige to her adopted country France by winning a world swimming championship in Australia in The above success stories can be attributed to the fact that such refugee children enjoyed human rights enabling them to access various essential services such as health, social security, education and socio economic integration in their host countries. Access to these services is a fundamental building block in the process of restoring the losses suffered by refugees particularly children and ensuring their survival. This Practical Guide developed by the Refugee Children s Project (RCP) is based on the organisation s experience in dealing with refugee children and refugee unaccompanied minors. It is for the use of child rights activists, educators and other service providers, as well as refugees, parents and concerned children. The Practical Guide provides a summary of the most essential national and international legal instruments on the rights of refugee children and refugee unaccompanied minors. It also provides processes and procedures to follow when claiming and enforcing the rights and privileges of refugee children and refugee unaccompanied minors. Important contacts are provided to facilitate networking amongst structures dealing with refugees in general and refugee children and refugee unaccompanied minors in particular. This publication is part of RCP s effort to enable refugee children and refugee unaccompanied minors to resettle and resume their lives more easily and more quickly in South Africa. This Practical Guide also serves to create awareness among refugee children and refugee unaccompanied minors, parents, educators, human 5

7 rights activists, NGO workers, government policy makers and other interested parties of the rights of refugee children and refugee unaccompanied minors in particular. Abale Ebalo Justin RCP Director Johannesburg, 20 June

8 ABOUT THE REFUGEE CHILDREN S PROJECT The Refugee Children s Project (RCP) is a relief organisation that was founded in The organisation was originally formed to facilitate the integration of refugee children and refugee unaccompanied minors into South African society, the initial area of intervention being the Johannesburg Metropolitan Municipality. Since 2006, the scope of RCP intervention has been expanding from an exclusive focus on refugee children and refugee unaccompanied minors to include programmes that target women and children 1 whether recognised refugees, asylum seekers, undocumented migrants, internally displaced person (IDPs) or returnees. In addition to this change in RCP s scope of work, its areas of intervention expanded to include projects in three additional provinces (Limpopo, KwaZulu Natal and Western Cape). RCP is an active member of different networks and forums on refugees and migrants issues, and collaborates with international relief and refugee institutions such as the United Nations High Commissioner for Refugees (UNHCR), the International Organisation for Migration (IOM), UNICEF and the International orgnaisations. RCP implements strategic projects to innovatively address gaps created during the process of integrating refugee women and children into local societies. Based on the principle of a human rights culture, RCP projects place specific emphasis on access to basic resources and services, employing an integrated service delivery approach to alleviate the multiple problems faced by refugee women and children. In addition, RCP endeavours to ensure that the rights of refugee women and children of every category are realised in accordance with the relevant domestic, regional and international standards. RCP s Vision Guided by domestic legislation and international protocols, and based on human rights principles and an integrated service delivery approach, RCP endeavours: to be a world pioneer in service, education and advocacy interventions that care for refugee women and children and enhance their integration; to nurture and promote Africa based research, dialogue and networking in the field of refugee and migrant children; and to give an audible voice to refugee and migrant children and youth. 1 Refugee women and children include those who are refugees, asylum seekers, internally displaced persons (IDPs), undocumented women and children, and returnee women and children. 7

9 RCP s Mission Statement to develop and implement innovative, cost effective and integrated intervention programmes that meet the needs of refugee women and children and facilitate their easy integration into local societies; to achieve sustainable impacts on the lives of refugee and migrant children through dialogue, advocacy and training targeting their structural conditions, social position and access to children s rights; and to develop avenues through which refugee children and youth may speak to one another, their communities, and those in power. RCP s Objectives To achieve the above vision and mission, RCP aims to fulfil the following strategic objectives: To provide essential services critical to the successful integration of refugee women and children into local societies. To advocate for friendly domestic and international policies and legislation to meet the ever changing needs of refugee women and children. To create awareness on a range of issues that directly or indirectly affect refugees in general and refugee women and children in particular. To promote the optimum care and development of children and women who find themselves in circumstances that place their physical, social, emotional, intellectual and spiritual development at risk. 8

10 CHAPTER 1: BACKGROUND Introduction This Practical Guide constitutes a study of legal frameworks and policy provisions. It outlines processes and procedures for accessing services to meet the basic needs of refugee children and refugee unaccompanied minors residing in South Africa. Meeting the basic needs of refugee children and refugee unaccompanied minors (RC&RUM) is a precondition for their proper development into resilient adults contributing to the wellbeing of society. The Refugee Children s Project (RCP) plans to make available this Practical Guide for use by individuals and organisations that work with refugee children. According to the UNHCR, children younger than 18 represent 44% of the total number of refugees globally. At the end of 2005, 88% of these children were older than five years of age, and 12 percent under. The UNHCR report at the end of 2005 stated that the proportion of children to the entire refugee population was highest in Central and South West Asia, North Africa and the Middle East. South Africa is, however, unique in that it has a relatively low percentage of refugee children and refugee unaccompanied minors. Reliable empirical statistics on the actual numbers of RC&RUM are not readily available. Nevertheless, there are RC&RUM whose needs must be met and this Practical Guideline is compiled with them in mind. Why the Practical Guide? RCP initiated the process to compile this practical guide in order to contribute to efforts aimed at enabling RC&RUM to settle properly in South Africa. Organisations and individuals working with refugee children find it very difficult to assist children in accessing essential services to meet their needs. Many organisations are unfamiliar with the needs of RC&RUM, a situation worsened by a lack of clarity about procedures in many policies on child access to services. This Practical Guide aims to make the work of organisations and individuals working with RC&RUM easier by: Providing a concise analytical summary of existing international and national legal frameworks and policy provisions; 9

11 Outlining processes and procedures to follow in accessing existing services to meet the needs of refugee children and refugee unaccompanied minors; Providing tools that can be used to meet the needs of RC&RUM. This Practical Guide is a resource that organisations will continuously update when policies and legislations are amended, changed or repealed. It represents a first offering with the aim of ensuring that the needs of RC&RUM are publicised and addressed in South Africa. What is Covered in the Practical Guide? This Practical Guide is based on international and national legal frameworks and policies on refugees, with specific consideration of issues related to the rights of RC&RUM. The core of the Practical Guide comprises guidance on claiming the rights of RC&RUM, focusing on six different themes that impact on the lives of refugee children and refugee unaccompanied minors. The themes are: the asylum and refugee process in South Africa, protection of refugee children against maltreatment, access to social services, access to health, access to education and access to other durable solutions. For whom is the Practical Guide Intended? The Practical Guide is primarily for use by those who are concerned with the protection and resettlement of this marginalised and vulnerable group of children, including foster parents, guardians, and activists working with and for refugee children and refugee unaccompanied minors. The secondary users of this Practical Guide are educators, and policy makers, as well as refugee children and refugee unaccompanied minors themselves. The Practical Guide facilitates an understanding of the legal framework and policy provisions that bear upon claims for the rights of refugee children and refugee unaccompanied minors in South Africa. How to Use the Practical Guide This Practical Guide contains process maps and diagrams that provide a pictorial view of the steps to follow in order to fulfil a specific need, such as applying for asylum. The maps and diagrams were drawn up after a review of applicable legislation and/or policy procedures. The process maps and diagrams do not replace legislation and applicable policy guidelines, but simplify them. The user should review the maps to understand the steps required to fulfil a specific need, the policy requirements that apply, and also possible decisions or outcomes of various actions. Where possible and applicable, appeal processes 10

12 are included. The different sections of the handbook contain essential basic information as well as helpful tips. Definition of the Key Concept Refugee Both the 1951 UN Convention Relating to the Status of Refugees and the 1967 UN Protocol Relating to the Status of Refugees define the concept of a refugee as a person who, owing to well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his origin or nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country or, not having a nationality and being outside that country of his origin or her former habitual residence is unable or, owing to such fear, unwilling to return to it. The 1951 Convention and the 1967 Protocol consider a person to be a refugee if that person satisfies the following four conditions: S/he must be outside his/her country of origin or nationality; S/he must have a well founded fear of persecution; His/her fear must be based on one of the five reasons: race, religion, nationality, social group, or political opinion; and S/he must be unable or unwilling to avail to the protection of that country or return there. In addition to the above, the 1969 African Union Convention Governing the Specific Aspects of Refugee Problems in Africa acknowledged special particularities in defining the concept refugee. In this Convention, a refugee was considered to be a person who, due to external aggression, occupation, foreign domination or events seriously disrupting public order in either a part or the whole of his or her country of origin or nationality, is compelled to leave his or her place of habitual residence in order to seek refuge in another place outside his country of origin or nationality. South Africa s Refugees Act, 1998, cites both the UN and the OAU definitions in defining who will qualify for refugee status in the country. 11

13 CHAPTER 2: OVERVIEW OF THE INTERNATIONAL LEGAL INSTRUMENTS ON RC&RUM IN RSA Introduction This chapter provides a synopsis of international legal instruments and the ways in which public officials have translated them into implementable programmes in South Africa. The summary is intended as background information for use by those advocating for various matters pertaining to RC&RUM. The 1951 UN Convention Relating to the Status of Refugees This Convention has its roots in the early days of the International Refugee Organisation and United Nations High Commission for Refugees (UNHCR). It was developed between 1947 and 1950 to provide legal status to persons who do not enjoy the protection of any government. The Convention gives a general definition of the term refugee, as described in the previous chapter. Article 33 also provides the principle of non refoulement : this means that no person may be returned to a territory where he/she may be exposed to persecution. The 1967 Protocol Relating to the Status of Refugees The 1967 Protocol addresses the limitations of the 1951 Convention regarding dateline and geographical reach in order to include new groups of refugees from around the globe (Africa, for example). The protocol establishes the universal character of the term refugee. The 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa The 1969 OAU Convention expanded the definition of a refugee by including important provisions relating to asylum, voluntary repatriation and prohibition of subversive activities by refugees. It is the regional complement in Africa to the 1951 UN Convention Relating to the Status of Refugees. The United Nations High Commission for Refugees (UNHCR) Executive Committee The UNHCR is entrusted with the unique responsibility of promoting and providing international protection of refugees. 12

14 The UNHCR Executive Committee (Excom) is the main policy making body of the UNHCR. The Excom is made up of representatives from all States Parties and meets every year in Geneva. Decisions taken during Excom meetings are not binding, but as far as children are concerned the following are important: Conclusion 47 (Excom meeting 1987) highlights the particular vulnerability of unaccompanied and disabled refugee children and recommends regular assessment of the needs of refugee children. Conclusion 59 (Excom meeting 1992) reaffirms and expands upon the need for particular attention to be given to refugee children, drawing special attention to the right of refugee children to education, and to protection from military recruitment and irregular adoption. Conclusion 84 (Excom meeting 1992) calls upon states to ensure the best interest of the child and the role of the family as the fundamental group of society concerned with the protection and well being of children and adolescents. UNHCR Guidelines on Protection and Care of Refugee Children The UNHCR formulated its first Guidelines on Refugee Children in 1988, with the objective of improving and enhancing the protection and care of refugee children. This was endorsed by the UNHCR Excom in It was revised in 1994 to include the Convention on the Rights of the Child as a point of reference for UNHCR s actions. The guidelines emphasise the best interest rule and further address issues such as refugee unaccompanied minors, physical security, psycho social problems associated with trauma, education guidelines, community assistance and the protection of culture. National Legal Instruments, Frameworks and Policies Since 1994, the South African Government has made great advances in developing a legal framework favourable to the respect of human rights, equality and governance. Beside the 1996 Constitution, specific legislation and policies on refugees have been developed and implemented. This is in addition to ratification of various international Conventions and Protocols. With regard to the rights of refugees, South Africa has acceded to the 1951 Convention Relating to Status of Refugees, the 1967 Protocol Relating to the Status of Refugees and the 1969 Organisation of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa, as well as other human rights instruments. 13

15 The rights of refugee children in South Africa are enshrined in the Constitution, the Refugees Act, and several other pieces of legislation passed by the Parliament. These are briefly summarised below. The South African Constitution (Act 108, 1996) Section 28 (1) of the Constitution guarantees the following rights to every child, including refugee children and refugee unaccompanied minors: Right to a name and nationality; Right to a family or parental care, or to appropriate alternative care; Right to basic nutrition, shelter, basic health care and social services; Right to protection from maltreatment, abuse, neglect or degradation and exploitative labour; Right not to be required or permitted to perform work that is inappropriate for a child or places the child s wellbeing at risk; Right not to be detained except as a measure of last resort, and in such cases to be kept separately from adults and only for the shortest appropriate time; Right to have a legal counsellor assigned by the State; and Right not to be used directly in armed conflict and to be protected in times of armed conflict. Section 28 (2) states the broad principle that a child s best interests are of paramount importance in every matter concerning the child. Refugees Act, (Act 130, 1998) Through the Refugees Act, the Republic of South Africa assumes certain obligations to receive and treat refugees in its territory in accordance with the standards and principles outlined in international laws. These include obligations to: Give effect to relevant international legal instruments regarding refugees; Provide for the reception of asylum seekers in South Africa; Regularise applications for asylum; and 14

16 Meet the human rights and related needs of refugees. In terms of protection and rights, refugees: Are entitled to a formal written recognition of refugee status in the prescribed form; Enjoy full legal protection, which includes the rights set out in the Bill of Rights in Chapter 2 of the Constitution, and the right to remain in the Republic in accordance with the provision of this Act; Are entitled to apply for an immigration permit in terms of the Refugees Act after five years continuous residence in the Republic form the date on which they were granted asylum, if the Standing Committee certifies that they will remain refugees indefinitely; Are entitled to an identity document referred to in section 30; Are entitled to a South African travel document as contemplated in section 31; Are entitled to seek employment; and Are entitled to the same basic health services and basic primary education that other inhabitants of the Republic receive from time to time. The Children s Act The Children s Act, (act 38, 2005), is the primary piece of national legislation that provides provisions on the protection and wellbeing of children in the Republic of South Africa. The act defines a child as any person under the age of 18, irrespective of nationality. Thus, any person who is younger than 18 years old and in the Republic of South Africa irrespective of their country of origin will be regarded as a child. This definition applies to RC&RUM as long as they are under 18. The Act stipulates that the child s best interest is the overriding principle governing all matters and decisions that are taken relating to the protection and wellbeing of children. Thus, in reviewing asylum applications, particularly those of unaccompanied children, Refugee Offices are bound by the above principle. The Act also requires that all proceedings, actions or decisions in a matter concerning a child must: 15

17 respect, protect, promote and fulfil the child s rights as set out in the Bill of Rights and Chapter 3 of the Children s Act, subject to any lawful limitations; respect the child s inherent dignity; treat the child fairly and equitably; and Protect the child from unfair discrimination on any ground, including on the grounds of the health or HIV/AIDS status of the child or a family member of the child. The Children s Act therefore requires all South African government departments and/or agencies to take the above principles into account when considering matters affecting children. The Act also creates supplementary rights for children. These rights do not replace but add to those rights contained in the Constitution of the Republic of South Africa. They are for enjoyment of all children, including refugee children and refugee unaccompanied minors. They have the right: Not to be unfairly discriminated against, either directly or indirectly; To a name, nationality and identity; To a family and to have a relationship with their own family; To own property and to benefit from the proper administration of property; To protection from maltreatment, abuse, neglect, degradation, exploitation and other harmful practices; To protection from harmful social and cultural practices; To be protected from economic exploitation through administrative, social, educational, punitive and other suitable measures and procedures; To education, leisure, recreation, and access to court; To have confidential access to health related information on sexuality, reproduction and sexually transmitted diseases, including HIV/AIDS; and To social security, including access to social assistance if the parent or care giver cannot or does not provide for the basic needs of the child. In relation to RC&RUM, the Children s Act provides that every child who is a refugee or who is seeking refugee status in accordance with international or domestic law, and every undocumented migrant child, whether unaccompanied or accompanied by a parent or other adult person, has: The rights set out in the act, as may be appropriate in the circumstances; 16

18 The right to be re united with his or her parents or family if separated from his or her parents or family; and The right to receive humanitarian protection and assistance. The act provides two additional rights for children with physical, intellectual or psychiatric disabilities, namely: The right to enjoy life in conditions which ensure dignity, promote self reliance and facilitate active participation in the community; and To receive special care; and to receive fair financial assistance from the state. 17

19 CHAPTER 3: ASYLUM SEEKING APPLICATION PROCESS AND PROCEDURES Introduction RC&RUM are disadvantaged in comparison to most children. They are likely to have had traumatic experiences that affect their physical, cognitive, emotional and social development. Refugee children and refugee unaccompanied minors, particularly from warring countries, may have experienced violence and witnessed relatives, friends or acquaintances being sexually abused, killed or maimed. They may have been dislocated or forcibly removed from their homes. Family life and schooling have usually been disrupted. Girl refugees are at a greater risk of having been sexually abused, while young boys may have been compelled to become child soldiers and even to kill. A country receiving RC&RUM is under a legal as well as a moral obligation to provide an environment enabling these children to recover from the vulnerability their experiences have engendered. In addition, the receiving country must also provide an environment in which RC&RUM will be able to live a normal life and enjoy being children. If RC&RUM are to enjoy their rights as children in the Republic of South Africa, it is imperative that they must first be legalised. Legal status is acquired by applying for asylum and following the procedures outlined in the Refugees Act and related policies. If the South African government grants asylum status, RC&RUM will be able to access social grants as well as health and learning facilities in South Africa. As in most countries, the asylum application process in South Africa is difficult, complex, painfully slow, and susceptible to abuse. The media often publish stories of inhumane treatment of refugees and acts of corruption perpetrated by officials employed in the Refugee Reception Offices (RRO). Clearly, the application process for RC&RUM is unlikely to be a simple process. It is hoped, however, that knowledge of the high level process outlined in this chapter will enable asylum seekers and those assisting them to understand the various steps of the application process, as well as how to access other services for RC&RUM. This chapter has been compiled to build an understanding, aided by visual representation, of: The processes that RC&RUM must follow when seeking asylum status in South Africa. The process differs for refugee children and refugee unaccompanied minors. Refugee children who are with their parents will be included in their parents application process. The South African Children s 18

20 Courts, regarded as the supreme guardian of all children in South Africa, will be responsible for assisting refugee unaccompanied minors. The processes that should be followed to access social grants; health, learning, and other essential services; and assistance with regards to social integration (employment, housing etc). The processes that should be followed when seeking legal protection from crime or maltreatment. Asylum and Refugee Process and Procedures There has not yet been thorough research into the ways in which individuals seeking asylum or refugee status gain access to South Africa. Anecdotal evidence indicates that the majority walk up until they reach refugee offices at points of entry; others are illegally trafficked into South Africa. Available evidence from most countries, including those that are part of the European Union, shows an increase in the use of human traffickers to gain entry into foreign territories. South Africa is not immune to this phenomenon. Families and individuals seeking asylum and refugee status take great risks to enter countries of refuge deaths, as well as rape and robbery of adults and children en route, continue to be reported. The increase in the use of illegal measures to gain entry is attributed to tight legislation that makes it difficult for asylum seekers and individuals seeking refugee status to access the countries that can offer higher levels of safety. Besides dealing with trauma in their countries of origin, many would be refugees and asylum seekers are exposed to high levels of corruption while en route to South Africa. Thus, by the time they reach a Refugee Reception Office, people seeking asylum or refugee status have usually been exposed to high levels of trauma and insecurity. And here too they are often exposed to maladministration, xenophobia and corruption at the hands of officials working at Refugee Reception Offices (RRO). If the above process is difficult for an adult, it is far more harrowing for children particularly refugee unaccompanied minors, who are alone and without the guidance and protection of adults. Irrespective of the mode of entry into the Republic of South Africa, it is important that all asylum seekers lodge an application at a Refugee Reception Office, either at the port of entry or in country after arrival. The Department of Home Affairs (DHA), which is responsible for receiving and processing all asylum application lodged in South Africa, has established Refugee Reception Offices (RRO) at ports of entry and in various urban towns. These Offices are responsible for receiving and processing asylum applications. 19