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Full-Text Articles in Law

Investigating The Role Of Identity Documents In Refugees’ Access To Education In South Africa, Elvis Munyoka Jun 2023

Investigating The Role Of Identity Documents In Refugees’ Access To Education In South Africa, Elvis Munyoka

Southern African Journal of Policy and Development

This article examined the role of identity documentation in refugees’ access to education in South Africa. Identity documentation has become a necessity in modern societies. Proof of identity is required to demonstrate who one is, and to gain access to various government services such as health care, employment, and 􀏐inancial assistance. However, the role of identity documents in refugees’ access to education in South Africa has received less attention. Few studies have demonstrated that without identity documents, refugees confront multiple barriers to accessing primary and secondary education in South Africa. This article reviewed available studies and recent literature on the …


Who Is A Refugee?: Twenty-Five Years Of Domestic Implementation And Judicial Interpretation Of The 1969 Oaw And 1951 Un Refugee Conventions In Post-Apartheid South Africa, Tiyanjana Maluwa, Anton Katz Aug 2020

Who Is A Refugee?: Twenty-Five Years Of Domestic Implementation And Judicial Interpretation Of The 1969 Oaw And 1951 Un Refugee Conventions In Post-Apartheid South Africa, Tiyanjana Maluwa, Anton Katz

Indiana Journal of Global Legal Studies

As a party to the UN Refugee Convention and the OAU Refugee Convention, South Africa is obligated to apply international refugee law when addressing the protection needs of asylum seekers in the country. The Refugees Act, 1998 encapsulates the cardinal principles of the two conventions. This essay discusses how government officials and judges have interpreted and applied these principles in asylum application cases. These cases demonstrate that officials are either not always fully conversant with the legal obligations, incumbent upon the government, arising from both international law and domestic law or purposefully ignore them. For the most part, officials tend …


Ice Raids Bear A Disturbing Resemblance To The “Pass Raids” Of Apartheid, Penelope Andrews Jul 2019

Ice Raids Bear A Disturbing Resemblance To The “Pass Raids” Of Apartheid, Penelope Andrews

Other Publications

No abstract provided.


As’Lem: An Ethical Diagnosis Of The Contemporary, Miriam Ticktin Apr 2017

As’Lem: An Ethical Diagnosis Of The Contemporary, Miriam Ticktin

Publications and Research

In recent scholarly literature, refugees have proliferated: they are the “political figures par excellence” and “border concepts”; they are understood through their infrastructures, both camps and laws; and they are approached as suffering subjects. But Fassin, Wilhelm-Solomon, and Segatti have a different approach: they understand asylum—or as’lem, the term used by asylum seekers in South Africa—as a form of life.


The Fifa World Cup, Human Rights Goals And The Gulf Between, Richard J. Peltz-Steele Jan 2016

The Fifa World Cup, Human Rights Goals And The Gulf Between, Richard J. Peltz-Steele

Faculty Publications

With Russia 2018 and Qatar 2022 on the horizon, the process for selecting hosts for the World Cup of men’s football has been plagued by charges of corruption and human rights abuses. FIFA celebrated key developing economies with South Africa 2010 and Brazil 2014. But amid the aftermath of the global financial crisis, those sittings surfaced grave and persistent criticism of the social and economic efficacy of sporting mega-events. Meanwhile new norms emerged in global governance, embodied in instruments such as the U.N. Guiding Principles on Business and Human Rights (UNGP) and the Sustainable Development Goals. These norms posit that …


Untold Stories: Gender-Related Persecution And Asylum In South Africa, Lindsay M. Harris Jan 2009

Untold Stories: Gender-Related Persecution And Asylum In South Africa, Lindsay M. Harris

Journal Articles

South Africa receives more asylum seekers than any other country in the world.1 United Nations High Commissioner for Refugees António Guterres proclaimed, “If you look at the policy and legal statutes of South Africa, refugees enjoy one of the most advanced and progressive systems of protection in the world today.”2 Increasing numbers of women seek South Africa’s protection. In 2006, 20.2% of asylum seekers were women; a significant increase from previous years.3 Given South Africa’s prominence in the region, its handling of female asylees and gender-related persecution claims influences the adjudication of these claims regionally and even worldwide.4


Untold Stories: Gender-Related Persecution And Asylum In South Africa, Lindsay M. Harris Jan 2009

Untold Stories: Gender-Related Persecution And Asylum In South Africa, Lindsay M. Harris

Michigan Journal of Gender & Law

This Article explains the particular difficulties that female asylum seekers and survivors of gender-related persecution face, reaffirming the need for the practical and sensitive application of international and domestic gender guidelines. Extensive research into client files and interviews with key decision makers prove that, despite scholarship suggesting that women may be advantaged in asylum proceedings, a focus on gender is still needed in the South African context. While there are undoubtedly problematic elements of the 1998 Refugees Act warranting its revision, the addition of gender as an additional category under the refugee definition, as proposed by the recent Refugees Amendment …


The Constitution, Aliens Control Act, And Xenophobia: The Struggle To Protect South Africa's Pariah-The Undocumented Immigrant, Thomas F. Hicks Oct 1999

The Constitution, Aliens Control Act, And Xenophobia: The Struggle To Protect South Africa's Pariah-The Undocumented Immigrant, Thomas F. Hicks

Indiana Journal of Global Legal Studies

No abstract provided.


The Challenge Of Immigration Policy In The New South Africa, Kevin Tessier Oct 1995

The Challenge Of Immigration Policy In The New South Africa, Kevin Tessier

Indiana Journal of Global Legal Studies

No abstract provided.


The Concept Of Citizenship: Challenging South Africa's Policy, Joe W. (Chip) Pitts Iii Jan 1986

The Concept Of Citizenship: Challenging South Africa's Policy, Joe W. (Chip) Pitts Iii

Vanderbilt Journal of Transnational Law

The concept of citizenship has come to represent the full cluster of civil rights held by individuals as members of modern states. Therefore, of all the "reforms" undertaken by South Africa in response to the economic and political instability of the last two years, the most potentially far reaching was State President P. W. Botha's announcement that citizenship would be restored' to South African blacks. In September 1985, Botha affirmed that some form of citizenship would be extended to all South Africans. Finally, on July 2, 1986, the South African government passed The Restoration of South African Citizenship Act."


Conscientious Objection To Service In The South African Defence Force As A Ground For Political Asylum In The United States, Dominic Holzhaus Jan 1986

Conscientious Objection To Service In The South African Defence Force As A Ground For Political Asylum In The United States, Dominic Holzhaus

NYLS Journal of Human Rights

No abstract provided.