E/CN.4/1999/15/Add.1
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Development Community (SADC) 6/. This may be explained by several factors: the
long tradition (going back to the XIX century and strengthened during apartheid)
of recruiting workers from Lesotho, Mozambique, Swaziland and Botswana for
temporary work in the mines and in agriculture, particularly on farms in
Mpumalanga and Northern Province. Many remain illegally in South Africa, either
with the connivance of their employers or by extending their stay after their
temporary work permit has expired. A second factor is the geographical proximity
of the countries mentioned, which share borders with South Africa. Ultimately,
the determining factor is probably the difficult economic situation in some
neighbouring countries, particularly Mozambique.
50.
South Africans represent one-third of the population of the SADC member
states and have a gross domestic product three times greater than the combined
gross national product of all the other Community states. For example, the ratio
of per capita income in South Africa to that in Mozambique is 1 to 40. A further
factor is that the establishment of democracy after the 1994 elections further
enhanced the image of the new South Africa as a promised land in the minds of
potential immigrants.
51.
Beyond its sub-region, South Africa has recently recorded the arrival of
migrants from central and western Africa (Nigerians and nationals of the
Democratic Republic of Congo), and migrants from Eastern Europe (Bulgarians,
Poles, Yugoslavs) and Asia (Chinese, Indians, Malays). South Africa is one of
the favoured destinations for refugees from Angola, the Great Lakes region, the
Democratic Republic of Congo, Somalia and Liberia.
52.
Both the public and the administration are unable to distinguish between
migrants, refugees, asylum seekers and students. No specific legislation exists
on the right to asylum, even though South Africa has ratified the United Nations
Convention relating to the Status of Refugees and that of the OAU. They are
often likened to “economic refugees”, and thus to migrants. Refugees therefore
do not receive adequate protection and, just like migrants without papers, fall
victim to xenophobic acts committed by the public; some have been attacked and
killed.
53.
Before the recent arrival of refugees, the South African Government had
signed an agreement in 1993 with the United Nations High Commission for Refugees
granting refugee status to 120 000 Mozambicans previously regarded as illegal
migrants. However, the UNHCR’s repatriation programme will return only
30 000 Mozambicans to their homes, the others preferring to remain in South
Africa so as not to have to face the difficult economic and social situation in
their country.
6/
Angola, Botswana, Congo (Dem. Rep.), Lesotho, Malawi, Mauritius,
Mozambique, Namibia, Seychelles, South Africa, Swaziland, Tanzania, Zambia,
Zimbabwe.