SA Migration International

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Corruption Hurts Refugees in South Africa

Source: Voice of America, 28/07/2015

Corruption is pervasive throughout the asylum process in South Africa,
according to a report published this month.
Almost a third of asylum seekers and refugees have to pay bribes for
correct documentation violating the Refugees Act that stipulates that
they are not required to pay any fees for documentation. Rights
groups say incompetence and graft within the Home Affairs department
is contributing to the number of undocumented foreigners who have
recently become the focus of a government "clean-up" operation.
Asylum seekers and refugees experience significant corruption
involving multiple actors, according to a report by Lawyers for Human
Rights (LHR) and the African Centre for Migration & Society (ACMS).
Based on anecdotal evidence collected from over 900 interviews with
applicants applying at centres across the country, the report said
that Refugee Reception Offices arbitrarily issue documents to asylum
seekers and refugees looking to renew their documents.
Corruption is most pervasive at the office in Marabastad, Pretoria
with over two-thirds of applicants experiencing graft. If you cannot
pay, rejection is almost guaranteed. Over half of respondents at
Marabastad experienced corruption while standing in queues and a third
were denied entry to the office because they could not pay bribes.
Methods of extortion are evolving, says Kabelo Sedipane from
Corruption Watch, a non-profit platform for reporting corruption.
"Our undercover operations are revealing new types of corruption that
we hadn`t taken notice of. This includes corruption such as people
having to pay translators or translators putting price on the type of
stories they can sell you so the more money you have – the better your
story. If you don`t have any money [they say] `we`re going to tell a
fake story,`" Sedipane said.
When people are asked to testify against corrupt Home Affairs`
officials, they are often afraid of compromising their application or
implicating themselves and withdraw the complaint.
A magnet for asylum seekers
South Africa is one of the top global recipients of asylum seekers and
received over 70,000 applicants in 2013 – similar to the number of
those received in the European Union or United States. The large
demand on the asylum system has allowed corruption to thrive but the
number of refugees isn`t to blame, argues Loren Landau, researcher at
ACMS.
"The argument is that Home Affairs and the way in which it is dealing
with immigrants and refugees is shifting from one that is based on law
and based on policy to one that is based on profit," he said.
Home Affairs Minister Malusi Gigaba responded to the report`s findings
stating that the department had set up a response team and a
counter-corruption initiative — Operation Bvisa Masina, which is Venda
(a South African language) for "throw out the rot."
"We will do all in our power to uproot the twin evil of fraud and
corruption within the public service. Our officials and persons found
guilty of unethical, criminal conduct will continue facing - without
fail - the full might of the law," Masina told reporters on July 24.
"We`re bent on cleaning the rot."
Corruption coupled with chaotic application processes and status
determination increases the risk of asylum seekers remaining
undocumented. Asylum seekers and refugees have complained that correct
documentation is often dismissed or not recognised by the authorities
including members of the police. "The issues are hampering the asylum
and integration process," said Alfani Yoyo from the Coordinating Body
of Refugee & Migrant Communities. "Most migrants are undocumented and
illegal because the system is bent against them."
If they are arrested, they could be sent back to the countries from
which they fled. Following a wave of xenophobic attacks in April, the
government launched Operation Fiela – "sweep out dirt." Described as
an anti-crime campaign, rights groups say it is a populist policy
feeding anti-foreigner sentiment. The majority of those detained
during raids have been undocumented foreign nationals – including
those eligible for asylum say LHR.
"A quarter of the people detained during raids in June had rights to
stay in South Africa – this included stateless people," said David
Cote who heads the Strategic Litigation Unit at Lawyers for Human
Rights. "Access to Lindela detention centre remains a problem. By the
time notice was given – people were being deported," he said.

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