Behind the Scenes of South Africa’s Asylum Procedure: A Qualitative Study on Long-term Asylum-Seekers from the Democratic Republic of Congo

Abstract

Despite the difficulties experienced by asylum-seekers in South Africa, little research has explored long-term asylum applicants. This exploratory qualitative study describes how protracted asylum procedures and associated conditions are experienced by Congolese asylum-seekers in Tshwane, South Africa. Eighteen asylumseekers and eight key informants participated in the study. All asylum-seekers had arrived in South Africa between 2003 and 2013, applied for asylum within a year of * Migration Coordinator for Southern Africa, Operations Department, Médecins sans Frontières (MSF), Cape Town, South Africa ** Qualitative Research Focal Point, Luxembourg Operational Research Unit, Médecins Sans Frontières, Luxembourg *** Qualitative Research Focal Point, Southern Africa Medical Unit, Médecins Sans Frontières, Cape Town, South Africa **** Honorary Research Associate, Division of Social and Behavioural Sciences, School of Public Health and Family Medicine, University of Cape Town, Cape Town, South Africa † Senior Lecturer in Law, Newcastle Law School, Newcastle University, UK ‡ Research Associate, African Centre for Migration and Society, University of the Witwatersrand, Johannesburg, South Africa § Clinical psychologist, unaffiliated, Johannesburg, South Africa k Country Director in South Africa, Operations Department, Médecins Sans Frontières, Cape Town, South Africa †† Qualitative Researcher, Luxembourg Operational Research Unit, Médecins Sans Frontières, Luxembourg ‡‡ Qualitative Research Mobile Implementation Officer, Southern Africa Medical Unit, Médecins Sans Frontières, Cape Town, South Africa This research was conducted through the Structured Operational Research and Training Initiative (SORT IT), a global partnership led by the Special Program for Research and Training in Tropical Diseases at the World Health Organization (WHO/TDR). The model is based on a course developed jointly by the International Union Against Tuberculosis and Lung Disease (The Union) and Médecins Sans Frontières (MSF/Doctors Without Borders). The specific SORT IT program which resulted in this publication was managed by MSF. VC Author(s) [2020]. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted reuse, distribution, and reproduction in any medium, provided the original work is properly cited. 1 Refugee Survey Quarterly, 2020, 0, 1–30 doi: 10.1093/rsq/hdz018 Article D ow naded rom http/academ ic.p.com /rsq/advance-articleoi/10.1093/rsq/hdz018/5741662 by gest on 06 M arch 2020 arrival in Tshwane, and were still in the asylum procedure at the time of the interview, with an average of 9 years since their application. Thematic analysis was used to analyse the data. The findings presented focus on the process of leaving the Democratic Republic of Congo, applying for asylum and aspirations of positive outcomes for one’s life. Subsequently, it describes the reality of prolonged periods of unfulfilled expectations and how protracted asylum procedures contribute to poor mental health. Furthermore, coping mechanisms to mitigate these negative effects are described. The findings suggest that protracted asylum procedures in South Africa cause undue psychological distress. Thus, there is both a need for adapted provision of mental health services to support asylum-seekers on arrival and during the asylum process, and systemic remediation of the implementation of asylum procedures. K E Y W O R D S : displacement, mental health, post-migratory stress, refugees, Congolese, South Africa, qualitative research, coping mechanisms 1 . I N T R O D U C T I O N This article is an exploratory qualitative study that describes how the experiences of long-term Congolese asylum-seekers who are in the asylum process in the Tshwane area, South Africa, affect their mental well-being. The findings first focus on the process of leaving the country of origin and applying for asylum in Tshwane and the aspirations of positive outcomes for one’s life. Subsequently, it describes the reality of prolonged periods of unfulfilled lives and how protracted asylum procedures contribute to poor mental health and well-being. Furthermore, it describes some coping mechanisms that asylum-seekers use to mitigate these negative effects. The findings suggest that protracted asylum procedures cause undue psychological distress as experienced by Congolese asylumseekers in Tshwane. 1.1. Seeking asylum in South Africa Since the formation of a democratic state in 1994, South Africa has gradually become an important destination country for asylum-seekers from across sub-Saharan Africa. While this number peaked in 2009 with 223,324 newly registered asylum-seekers, this decreased to 24,174 persons in 2017. South Africa also hosts 89,285 recognised refugees since mid-2018. 1 Department of Home Affairs (DHA), Asylum Metrix Full Year Report, 2017, 95, available at: http://www. dha.gov.za/files/Annual%20Reports/AnnualReport2017-18.pdf (last visited 4 Jul. 2019). 2 United Nations High Commissioner for Refugees (UNHCR), Global Trends: Forced Displacement in 2018, Geneva, UNHCR, 2019, 67, available at: https://www.unhcr.org/afr/statistics/unhcrstats/5d08d7ee7/ unhcr-global-trends-2018.html (last visited 8 Jul. 2019). 2 Liesbeth Schockaert et al.j Behind the Scenes of South Africa’s Asylum Procedure D ow naded rom http/academ ic.p.com /rsq/advance-articleoi/10.1093/rsq/hdz018/5741662 by gest on 06 M arch 2020 South Africa, unlike other Southern African countries, opted through its 1998 Refugee Act for an asylum policy, which is characterised by non-encampment of asylum-seekers, freedom of movement, and the right to work and study. In addition, its Constitution sets out a number of rights to everyone in the territory, regardless of their immigration status, including access to public health care and education. This urban refugee model invites asylum-seekers and refugees to live in areas alongside the host population (Box 1). In South Africa’s challenging environment, with the world’s highest level of inequality, no state-provided assistance is given to asylum-seekers whilst they are within the asylum procedure, and thus they have no other choice than to become self-reliant. While this urban model is preferable over collective reception centres, research has shown that the daily struggles and limited support in South Africa may have a detrimental impact on asylum-seekers’ well-being, including their mental health. In addition to this, South Africa’s regulations implementing the Refugee Act stipulate that asylum applications will be generally adjudicated by the South African Department of Home Affairs (DHA) within 180 days of filing a completed asylum application with a Refugee Reception Officer. Despite this, South Africa has the highest number of pending asylum cases, amounting to 184,200 cases because, contrary to its applicable regulations, asylum-seekers often remain in the asylum process for many years. Some people wait up to a decade or longer, and according to Crush, South Africa has one of the longest asylum adjudication periods in the world (Box 2). 3 South Africa: Act No. 130 of 1998, Refugee Act, 1998 [South Africa], 26 Nov. 2008, available at: https:// www.refworld.org/docid/4a54bbd4d.html (last visited 8 Jul. 2019). 4 Constitution of the Republic of South Africa [South Africa], 10 Dec. 1996, available at: https://www.ref world.org/docid/3ae6b5de4.html (last visited 8 Jul. 2019). 5 X. Greenwood, “South Africa is the Most Unequal Country in the World and its Poverty is the ‘Enduring Legacy of Apartheid’ Says World Bank”, The Independent, 4 Apr. 2018, available at: https://www.independ ent.co.uk/news/world/africa/south-africa-unequal-country-poverty-legacy-apartheid-world-bank-a8288986 .html (last visited 12 Jul. 2019). 6 P. Rugunanan & R. Smit, “Seeking Refuge in South Africa: Challenges Facing a Group of Congolese and Burundian Refugees”, Development Southern Africa, 28(5), 2011, 714–716; M.F. Belvedere, “Insiders but Outsiders: The Struggle for the Inclusion of Asylum Seekers and Refugees in South Africa”, Refuge,