Thank you, hon Deputy Speaker. Indeed, there is a long-standing principle of first safe country of asylum in international law in terms of which countries are expected to take refugees fleeing from persecution in their neighbouring states. South Africa, until now, has not been applying these principles strictly.
In line with South Africa's obligation resulting from its ratification of the Geneva Convention, the Department of Home Affairs has initiated a process of overhauling the asylumseeker management process, which seeks to address challenges relating to the management of asylum seekers in a holistic manner.
The overhaul of South Africa's asylum-seeker management process will result in revised standard operation procedures which will outline the processes for the implementation of the above. The department is in the process of consultations and discussions with the stakeholders after which we will be in position to take a decision as soon as the consultation process is finalised.
The other area, that is the definition of a refugee, has not really been strictly adhered to in South Africa. The definition of a refugee is the legal basis for the protection of refugees. Internationally, the definition is contained in the 1951 Geneva Convention Relating to the Status of Refugees, as amended by the 1967 Protocol. A refugee is defined as a person who:
... owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.
We can see that a lot of people who have been given refugee status do not fit this definition. That is why we are going to overhaul the system in its entirety so that we can really adhere to the international definitions and international procedures. Thank you.
Thank you, Deputy Speaker, and thank you, Minister. Minister, South Africa is required to share the burden of responsibility for asylumseekers in Africa with neighbouring states in terms of the 1969 African Union Convention Governing the Specific Aspects of Refugee Problems in Africa. It is thus that the principle of first safe country of refuge has not been applied owing to the historical burden on our neighbours being in closer proximity to areas of conflict.
However, does the drastic increase in asylum applications in South Africa not in turn now mean that our neighbours should shoulder more of this responsibility? What mechanisms can be used to further bilateral agreements for the harmonisation of asylum-seeker procedures in the region to allow for the principle of first safe country to be applied? Thank you.
Thank you. It is true that South Africa is sharing a much bigger burden. In fact, South Africa has almost the same number of people applying for refugee status as that of the entire 27 member states of the European Union. These are the statistics for 2009. So, you can see that because we have not been strictly applying this definition we have also attracted refugees that come from across the seas who are not really supposed to apply for refugee status here, because they should have applied in the first safe country.
We have seen recently that a lot of people who apply for refugee status come legally in aeroplanes to our neighbouring states. Later they cross illegally into South Africa and apply for asylum. Clearly, those people are not true asylum seekers.
We are, indeed, engaging in discussions. We have had discussions with Lesotho previously. We have had discussions recently with Mozambique, and we intend having discussions with all our neighbours. In the end, we would like to take this to the Southern African Development Community, SADC, arena so that SADC as a region can discuss this matter. This is because we indeed have an enormous burden as South Africa. Thank you.
Thank you, Deputy Speaker. Minister, I have information from highly credible sources that a number of asylum seekers have already been turned away from our borders on the grounds that South Africa is not the first safe country they have reached. This is, as you know, entirely contrary to the dictates of the United Nation's Convention and Protocol Relating to the Status of Refugees. This is also, of course, a serious infringement of the human rights of refugees by a country that prides itself on its commitment to human rights.
Would the Minister provide an undertaking that the practice of turning refugees away at our borders on the basis of the first safe country principle will cease forthwith, and what will she do to ensure that this does not recur until such time as we do have the necessary agreements in place? Thank you, Deputy Speaker.
Hon member, I said no. I will make no such undertaking. Thank you.
Issuing of new firearms to police officers who lost their firearms since 2005
29. Rev K R J Meshoe (ACDP) asked the Minister of Police:
(a) How many police officers who lost their firearms since 2005 have been issued with new firearms and (b) what process is followed when new firearms are issued to officers who had lost their firearms?