Chairperson, in the ANC we know and understand what it is like to be a refugee and an asylumseeker, because so many of us have been in similar situations in many countries of the world. We know what it is like to run away from your country of birth because of circumstances that are not of your own making. We know what it feels like to sleep in an open field because you are in an unknown land with no host. We know how terrible it is to sleep on an empty stomach, or worse, to eat anything, including rats and snakes, because you have no food in the foreign land that you find yourself in. We know how terrible it feels, wondering whether you will ever see your family, friends and loved ones again.
Chairperson, the life that refugees and asylum seekers live when they are not accorded refugee status by their host country is an unenviable life of desperation. This is the life that many of the members of the ANC and other liberation movements lived when they were forced out of the country by the barbaric apartheid laws.
That is why we will support the Refugees Amendment Bill. It simplifies the process of applying for refugee status in South Africa and treats applicants with the dignity that they deserve. We have to do this because the character of a nation is defined by how it treats people who are in desperate situations and who come to the country in order to seek asylum, a safe haven and a better life.
When we entered these countries after running away from the apartheid forces, the majority of us did not have valid documents, or perhaps had no documents at all. These nations could have sent us back to South Africa to face the hell of apartheid. The majority did not, although some did. Those who did not, did so because they understood our predicament. They knew that we were people who had not been treated humanely by the apartheid state. Treating anyone inhumanely is not something which we should do. As we debate this Refugees Amendment Bill, what we should perhaps do is remember this history and those countries' reputation for generosity and sharing what they had versus a government that was obsessed with narrow, national self-interest.
We know that how we treat refugees or asylumseekers sometimes determines their lives or deaths. If we send them back, they sometimes go to prison or end up being tortured, beaten or enduring starvation. In many ways, we have to be very cautious and thorough but, above all, we have to be humane.
As a principle of fast and fair refugee determination, what we want to see are high quality initial decisions. Get it right the first time. If we don't, we will leave the doors open for those crooks who always take advantage of the plight of these desperate people by robbing them.
We have heard of individuals coercing desperate people from Zimbabwe to pay them so that they can facilitate their entry into South Africa. We have heard and read of corrupt officials and syndicates giving immigrants IDs and documents in return for payment. These are actions that we must stop.
In the process of doing this we must ensure that we keep it nonarbitrary and have an independent body that makes all decisions. We have to make these laws simple and not have unnecessary rules or complicated processes. We should also make sure that we have the necessary resources in place so that we can avoid backlogs. We should always remember that human lives are at stake and that we should adhere to human rights standards.
As the ANC we believe that the proposed status determination committee, as opposed to the Status Determination Officer, will lead to the process being fair and fast. There will be no arbitrariness, subjectivity and bias. This will also do away with possible corruption and bribery that the Status Determination Officer could be susceptible to. To bribe the entire committee is improbable.
As such, I would like to advise the Minister to treat the establishment of this committee as a matter of utmost urgency while the Refugees Amendment Bill comes into operation. The number of refugees waiting to hear their fate grows larger by the day. This will certainly lead to backlogs, and if there is a backlog the Minister will have to hire more staff, or else the principle of fast and fair determination will be compromised. Speed is good, especially when you are a refugee status applicant.
The substitution of the Minister for the director-general in some parts of the Act, such as in sections 27 and 36, is welcomed. This is in recognition and appreciation of the fact that the determination of refugee status is not only an administrative act. There are other factors, some which are political in nature, which must also be taken into account.
The other merits of the Bill must also be applauded, especially the one concerning the due process of the law. Examples of these are that asylumseekers whose applications are rejected as manifestly unfounded, abusive or fraudulent in terms of section 24(3)(b) will not need to apply for an appeal in terms of section 24B. The application will automatically be reviewed by the director-general in terms of section 24A. Furthermore, any asylumseeker whose application has been rejected in terms of section 24(3)(b) and (c) may lodge an appeal with the Refugee Appeals Authority.
In contrast, we must provide legal aid in order to ensure proper representation. Refugees often arrive in South Africa penniless and have to face the Appeals Authority all by themselves, while having no clue about the South African legal system. This can be a harrowing experience. We must provide legal aid to some of the most desperate people - at least during the appeal stage - whether they are Europeans, Asians or Africans.
I know that this has cost implications for the state, but, as I said earlier, sometimes this is a matter of life and death. If we have to spend in order to save lives, so be it.
Having commended this Refugees Amendment Bill, I do have one concern that I must raise with the Minister. Hon Minister, my only worry with regard to this amending Bill is that it does not correct the reference to the Aliens Control Act in the definition part of the principal Act. I am not sure whether it is just an oversight on the part of the drafters or not, but what this means is that when one reads the definition of the Act after this amendment, the reference to the Aliens Control Act will still appear and this is inconsistent. The ANC supports this Bill. [Applause.]