The contested role and effectiveness of non governmental organizations [NGOs] in assisting refugees and asylum seekers in South Africa: a case study of three local NGOs.

Abstract

The role of South African NGOs in the protection of asylum seekers and refugees has changed and declined despite their having partnered in the design of liberal refugee legislation. This body of legislation responds to the needs of increasing numbers of asylum seekers and refugees arriving in South Africa – and to their falling victim to violent xenophobic attacks. Their challenges around the efficient and dignified access to documentation, health, education and other services, have not been effectively addressed. This research therefore focuses on the role of NGOs in assisting these vulnerable groups to access documentation and social services. It investigates to what extent they are successful and highlights the problems that asylum seekers and refugees face. It explores the responses of NGOs to these problems and examines the perceptions of refugees and asylum seekers around the role of NGOs. The research essentially explores whether refugees and asylum seekers have been able to claim the rights they are entitled to in a substantive manner. It examines the degree to which NGOs working in the area of human rights, and tasked with assisting refugees, have been able to contribute effectively in this regard. The researcher:  Collected data from Ethiopian and Congolese refugees and asylum seekers in South Africa to examine their perceptions.  Interviewed personnel from the three NGOs in this case study because these NGOs are partners of the UNHCR and therefore tasked with implementing refugee/asylum seeker support.  Uses the interpretive approach - focusing on certain themes in the experiences of asylum seekers/refugees and NGOs, respectively. These themes are explored and interpreted.  Bases his research on the theoretical foundation of liberal human rights. The work of Hanna Arendt and John Rawls has been incorporated, in conjunction with Agamben’s theories of the Nation State and ‘the other’ in the Nation State. Agamben’s concept of “state of exception” is relevant, and has been discussed.  Looks at the 1951 United Nations Convention on the Status of Refugees and the Refugee Act of 1998 because they form the cornerstone and bedrock of the rights of asylum seekers and refugees. This research has explored the efforts of NGOs as agents of advocacy for, and protection of, refugee and asylum seekers and their rights. The research found that NGOs play an integral part, but their relationship with both Home Affairs and Government has weakened to such an extent that their tactics and strategies are increasingly failing to produce results. In addition, most refugees and asylum seekers were found to be unaware of these NGOs and the work they can do on their behalf.