Protection and Dignity in Johannesburg: Shortcomings of South Africa's Urban Refugee Policy

Since the end of apartheid, South African cities have becomedestinations for refugees and asylum seekers from across Africa.In line with its constitutional commitments to human rightsand dignity, South Africa has enacted a refugee policy intendedto maximize freedom and protection by promoting refugees' temporaryintegration into local communities. In doing so, the law guaranteesfreedom of movement, access to many social services, and rightsto compete in labour and housing markets. This article arguesthat because refugees and asylum seekers are effectively unableto convert these legal entitlements into effective protection,South Africa has failed to meet its domestic and internationalobligations. This argument draws particular attention to institutionalfailures in determining refugee status and issuing recognizableidentity documents; denial of essential social services; andabuse at the hands of law enforcement agents. It concludes bysuggesting a positive obligation for the state to counter thefull range of obstacles that prevent asylum seekers and refugeesfrom securing effective protection.