The protection of refugees in Namibia

Abstract

Abstract provided by author

The problem of refugees comes a long way. States seek to respond effectively to contemporary misplacement situations. Countries of asylum in many parts of the world are concerned about the failure to resolve certain long-standing refugee problems, urban refugee issues and irregular migration and about a perceived imbalanced in burden and responsibility-sharing. The various costs associated with hosting often large numbers of asylum-seekers can be onerous. More precisely, the challenge is to find the means to control illegal migration in a manner which does not have the effect of enhancing opportunities for smugglers and traffickers, but which ensures that the needs of refugees and asylum-seekers, including access to protection, are properly met. Namibia is no exception to these issues, as there is an influx of many refugees annually

The 1951 Convention and its 1967 Protocol together are the most comprehensive instruments which have been adopted to date at universal level to safeguard the fundamental rights of refugees and to regulate their status in countries of asylum. For regional protection purposes, the 1969 AU Convention Governing the Aspects of Refugee Problems in Africa (AU Convention) plays a cardinal role. Namibia is State Party to these and other international instruments, while catering for refugee protection locally by virtue of the Namibia Refugee (Recognition and Control) Act, Act 2 of 1999

These instruments afford wide protection to misplaced persons by according a definition of "refugee" which is all-embracing. A person is a refugee within the meaning of the national, regional and international instruments as soon as he fulfills the criteria contained in the definition. Determination of the refugee status takes place in two stages. First, ascertaining the relevant facts of the case, and second, applying the definitional elements to the facts. Certainly, national asylum procedure needs to be followed before refugee status can be granted. Of course, the international legal status of the refugee necessarily imports certain legal consequences, the most important of which is the obligation of States to respect theprinciple of non-refoulment. Of these obligations, we cannot the discard the clauses concerning inclusion, cessation and exclusion

The existence of the class of refugees not only entails legal consequences for States, but also the entitlement and the responsibility to exercise protection on behalf of refugees. The Office of the United Nations High Commissioner for Refugees (UNHCR) is the agency presently entrusted with this mandate, as the representative of the international community, but States also may have a protecting role, even though their material interests are not engaged, and notwithstanding their common reluctance to take up the cause. Yet so, certain treaty rights accorded to refugees have to be provided

The obstacles to effective protection are vast and States often have to devise solutions to address the problem. The community of nations is responsible in a general sense for finding solutions and in providing international protection for refugees. This special mandate was entrusted to UNHCR. The UNHCR has proposed three durable solutions to effect protection adequately. These solutions are voluntary repatriation, local integration and resettlement. These solutions often function better contemporaneously rather than in isolation