---------- Forwarded message ----------
From: IRIN <[email protected]>
Date: Tue, 2 Aug 2011 15:33:25 -0000
Subject: AFRICA: Horn migrants heading south "pushed backwards"
To: Jean-Francois Darcq <[email protected]>

AFRICA: Horn migrants heading south "pushed backwards"

JOHANNESBURG, 2 August 2011 (IRIN) - Increasing numbers of Ethiopians
and Somalis fleeing war, drought and poverty in their home countries
face arrest, deportation and detention as they try to make their way
to the south of the continent.

 For most the goal is South Africa - the only country in the region
where refugees and asylum seekers have freedom of movement and the
right to work rather than being confined to camps. But as the number
of migrants from the Horn of Africa seeking asylum in South Africa has
reached unprecedented levels, border authorities have started refusing
them entry.

 "There's a new unofficial policy since the beginning of May where
Somali and Ethiopian nationals are being informed they'll not be given
asylum by the South African government," said Abdul Hakim, chairperson
of the Somali Community Board, a local organization representing the
interests of Somalis.

 Hakim said that before the crackdown, about 1,500 Somalis were
entering South Africa every month. With official borders closed to
them, many were now entering the country illegally and then making
their way to refugee reception centres to apply for asylum.

 Deputy Director-General of South Africa's Department of Home Affairs
Jackie McKay denied there had been any change of policy but Kaajal
Ramjathan-Koogh, who heads the Refugee and Migrant Rights Programme at
Lawyers for Human Rights, said her organization had also observed "a
definite shift away from accepting large numbers of refugees from
Somalia and Ethiopia".

 "From a Home Affairs point of view. they've been seeing very large
numbers arriving in the last two months and they're not willing to
accept the entire continent's refugee burden," she told IRIN.

 An issue brief by Roni Amit of the African Centre for Migration and
Society at the University of Witwatersrand published in June [
http://www.migration.org.za/sites/default/files/migrant_issue_brief_7_the_first_safe_country_principle_in_law_and_practice.pdf
] suggests that the Home Affairs Department has been denying entry to
asylum-seekers based on the principle that they should have sought
asylum in the first safe country they reached. Amit points out that no
such principle exists in international or domestic law.

 "By denying entry to asylum-seekers based on the mere fact of their
transit through another country, South Africa is contravening its
obligations under international law," Amit writes. "This practice
increases the risk that individuals will be returned to the
life-threatening situations from which they fled."

 Knock-on effects

 South Africa's unofficial shift in policy has had a knock-on effect
in neighbouring countries which had previously had a fairly tolerant
attitude to the movement of migrants through their countries en route
to South Africa.

 Zimbabwe's state-run newspaper, The Herald, reported in July that
immigration officers manning the country's northern borders had been
instructed not to admit illegal immigrants, especially those from
Somalia and Ethiopia, who "pretend as if they want to seek refugee
status" only to disappear into neighbouring countries, particularly
South Africa.

 Marcellin Hepie, country representative for the UN Refugee Agency
(UNHCR) in Zimbabwe, said the country had been receiving high numbers
of migrants from the Horn of Africa in recent months with 646 Somalis
and Ethiopians picked up and transported to Tongorara refugee camp in
Manicaland Province since mid-May.

 "Before their [asylum-seeker] cases are adjudicated some of them
vanish, presumably for South Africa. Normally they'll wait around long
enough to receive their food and non-food items and then off they go,"
he told IRIN. "It is eroding the asylum procedure here and it could
eventually backfire."

 He also noted that since mid-May crossing into South Africa for this
group of migrants, "has not been as smooth as it used to be".

 "Many have been sent back to Zimbabwe and detained at Beitbridge
[border post]. No one has shared any official change of policy from
South Africa, but in practice there have been changes," he said.

 According to Natalia Perez of the International Organization for
Migration (IOM), in the first quarter of 2011, 7,200 asylum-seekers
registered at the Beitbridge border post as they crossed into South
Africa. Perez said Zimbabwe had now closed its borders to "any migrant
or asylum-seeker who cannot produce an ID".

 "Now they're being pushed backwards," she told IRIN.

 Dilemma for governments

 The relatively recent phenomenon of mixed migration (which IOM
defines as "complex migratory population movements that include
refugees, asylum-seekers, economic migrants and other migrants") from
the Horn of Africa to the southern part of the continent presents a
dilemma for governments in the region that are bound by international
refugee laws but unwilling to bear the economic and security costs of
allowing large numbers of undocumented migrants to travel through
their countries.

 The issue was the subject of a regional conference in Dar es Salaam
in September 2010 where a number of recommendations were proposed for
dealing with the influx such as greater regional cooperation, improved
national policies and better collection of data on refugees and
migrants. However, according to Katherine Harris, a regional
protection officer with UNHCR, progress since the conference has been
"slow going", with attention and resources mainly focused on the
current crisis in the Horn of Africa.

 "The biggest thing is that we really need to come up with a regional
approach to this issue," she told IRIN.

 Until recently, Mozambique was another popular transit country for
Horn of Africa migrants intent on reaching South Africa [
http://www.irinnews.org/report.aspx?reportid=92690 ]. Since 2010, a
steady stream of Ethiopians and Somalis have been arriving in the
country, most of them having used the services of smugglers to take
them by boat to the coastal town of Palma, just across the border with
Tanzania. By the beginning of 2011, the numbers had increased
significantly and the Mozambican authorities started restricting the
movements of asylum-seekers outside of the country's one refugee camp
in Nampula Province.

 Mtwara prison

 Starting in May, however, the number of asylum-seekers reaching the
camp abruptly decreased as immigration officers started intercepting
them and deporting them to Tanzania where 833 Ethiopians and Somalis,
45 of them children, are now being detained in Mtwara prison in the
southeast of the country.

 "We're trying to find out why this is happening, and hoping to
resolve the impasse in a way that will allow new arrivals to at least
be screened," said Carlos Zaccagnini, UNHCR's country representative
in Mozambique, who pointed out that the UN Convention on Refugees
prohibits countries from rejecting, deporting or detaining
asylum-seekers. [ http://www.unhcr.org/3b66c2aa10.html ]

 Responding to questions from the BBC, Mozambique's interior minister
said that some of the migrants were pretending to be refugees but had
criminal intentions and were being turned away to guarantee the
country's security.

 Lin Mei Li, a protection officer with UNHCR in Tanzania, said her
office had been pushing the Tanzanian authorities to allow them to
interview the detainees at Mtwara prison to determine which of them
have genuine asylum-seeker claims. "Living conditions in the prison
are not good, it's over-crowded and there are not enough medicines,"
she told IRIN. "We're really worried about them."

 UNHCR is also trying to persuade the Tanzanian government to
establish a reception centre that would provide humanitarian
assistance to asylum-seekers rather than imprisoning them. The
Zimbabwean government has asked IOM to set up something similar on its
northern border with Mozambique. But Abdul Hakim of the Somali
Community Board said that Somali asylum-seekers were still being
imprisoned in Botswana, Mozambique and Malawi.

 "They're not taken to a court, they just stay in prison and they
don't know for how long. Because they entered the country illegally,
they're treated as illegal immigrants."

 ks/cb

[END]

This report online: http://www.irinnews.org/report.aspx?reportID=93403



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