Since my last post i have been working a lot with the refugees.

The longer i have been here, the more they open up and share their daily struggles and life situation with me.

This has awakened my interest in refugee rights, which has led me to conduct the following research.

To begin it is important to give the official definition of refugee.

The 1951 Refugee convention describes refugees as “a people who are outside their country of nationality or habitual residence, and have a well-founded fear of persecution because of their race, religion, nationality, membership of a particular social group or political opinion” .

People fleeing conflicts or generalized violence are also generally considered as refugees, although sometimes under legal mechanisms other than the 1951 Convention.

HOW ARE REFUGEES PROTECTED?

Governments normally guarantee the basic human rights and physical security of their citizens, but once civilians become refugees this safety net disappears.

Without some sort of legal status in their asylum country, they would be exceptionally vulnerable to exploitation and other forms of ill treatment, as well as to imprisonment or deportation.

Governments bear the prime responsibility for protecting refugees on their territory, and often do so in conjunction with local non-governmental organizations (NGOs). However, in many countries, UNHCR staff also work alongside NGOs and other partners in a variety of locations, providing legal and physical protection, and minimizing the threat of violence - including sexual assault - which many refugees are subjected to, even in countries of asylum.

WHO IS A REFUGEE?

The practice of guaranteeing asylum to people fleeing persecution in foreign lands is one of the first hallmarks of civilization. References to it have been found in texts written 3500 years ago, during the blossoming of the great early empires in the Middle East such as the Hittites, Babylonians, Assyrians and ancient Egyptians.

Over three millennia later the protection of refugees was part of the core mandate of the UN refugee agency, UNHCR, which was founded in 1950.

The UHCR booklet addresses some of the most frequently asked questions about refugees and describes how the UNHCR and its partners are engaged in a constant struggle to help them physically and legally.

Some exemples are:

1. Who, for instance, qualifies as a refugees - and why?
2. What rights does a refugee enjoy and what obligations?
3. What is the rule of the governments and of UNHCR itself?

It also introduces related issues such as the future of millions of so-called "internally displaced people", the Kafkaesque word of statelessness, the development of "temporary protection", and the increasing confusion between refugees and migrants.

THE IMPORTANCE OF THE 1951 REFUGEE CONVENTION

The 1951 refugee convention and its 1967 protocol are the cornerstones of modern refugee protection, and the legal principles they enshrine have permeated into countless other international, regional and national laws and practices governing the way refugees are treated.

One of the must crucial principles laid down in the 1951 Convention is that refugees should not be expelled or returned "to the frontiers of territories where (their) life or freedom would be threatened". The convention also outlines the basic rights, what countries should supply to the refugees, and it clearly defines who is a refugee - and who is not (for example it clearly excludes fighters, terrorist or people guilty of serious crimes).

The 1951 convention was never intended to sort out all migration issues. Its sole aim was - and still is - to protect refugees.

The challenge is to find other efficient mechanisms to maintain border security - legitimate state concerns that need to be carefully balanced with their responsibility to protect refugees.

By September 2007, a total of 147 countries had signed the 1951 UN Refugee convention and/or its 1967 protocol.

I wrote this article below as a result of my own research work and interviews with refugees.

part of the information that you will find below is the work of a German volunteer who published an article about the refugee camp during a previous year.

Some of the refugees lost their passports in other countries or during their migration process before entering South Africa. They often wait months or even years to extend or receive permits. Dealing with the Department of Home Affairs takes a lot of time, and requires many forms to be filled in, which is confusing for the refugees, especially for those who do not understand, or read or speak English.

This process is not just time consuming, but also costly.

Often refugees do not have money and depend on others for help.

Many are traumatized by their experience for example if they come from a war torn country. Others are disabled because of injuries caused from flight. At times entire families will flee seeking peace and protection.

Most of the refugees have destinations in mind during their flight. Many are influenced from what they heard from others about better lives and conditions in other countries, for example South Africa.

As mentioned before, languages can be barriers as well.

Not everyone is able to speak enough English because they have never learnt it properly. This causes communication issues, if for instance they want to speak with someone who speaks a different language they have to look for a person who can translate.

DOCUMENTS

Often important information gets lost in translation or misinterpreted.

This in effect can have adverse effects when the refugees apply for their status, or other necessary documentation.

Some refugees lost their passports in other countries before entering South Africa. They wait for months and sometimes for years to receive or extend their permits.

XENOPHOBIA

One of the main reasons why the refugees are struggling in South Africa is Xenophobia.

The first reported attacks started in 1996. After a number of calmer years the violence against foreigners exploded in May 2008.

In order to protect some of the refugees the Youngsfield refugee camp was established near a military base to deter possible attackers.

A high barbed wire fence around the camp and security guards at the entrance gate should guarantee the safety of the refugees at least inside the camp.

DOCUMENTATION/ MONY

Without papers it is still not possible to get a bank account to save the small amount of money that they have. HIV- positive refugees in the camp or outside often to not get the necessary medications.

LANGUAGES

Different languages make conversation between refugees difficult. This is one of the reasons why refugees from the same country often stay together.

At the end of October 2008 the government decided to close the camp.

The refugees were told that they should go back into the dangerous communities. Step by step many governmental services were stopped including food and clothes, and blanket donations.

Electricity is cut off as well so there no longer is a possibility to have a freezer or cook except with the use of gas ovens or other fuels. Cooking inside the tents is very dangerous because of fire risks.

The education of the children was stopped by the government although according to the South African constitution every child has got the right to get proper education.

( Art 28 and 29 South African Constitution)

Instead, the children just play together the whole day between the rubbish.

According to the Refugee Act everyone can appeal against his rejection within 30 days.

After the stop of the government supplies the remaining refugees became completely dependent on NGO's supplies and donations.