A Critical Assessment Of Namibian Refugee Law In Light Of Global And Regional Trends Of Refugee Migration

Abstract

Southern Africa is relatively less affected by refugee movements than for instance, Central Africa, but the impact of refugees on Southern African societies and the increasing retreat of Southern African governments from their responsibilities towards refugees are nonetheless causes for concern. Namibia is a signatory to both the 1951 and AOU Refugees Conventions. In line with its international obligations, the country has promulgated the Namibia Refugees (Recognition and Control) Act 2 of 1999. The Act is designed in accordance with the 1951 and OAU Refugee Conventions, but the country has entered a reservation to Article 26 of the 1951 Refugee Convention that deals with freedom of movement. The fact that the free movement of refugees is restricted means that they cannot seek jobs or earn a living. In addition, restrictions on movements of any person or a group of persons can severely curtail other basic human rights central to the survival of such a person or group of persons. Consequently, and despite, the positive steps taken by the Government of the Republic of Namibia (GRN) in taking ownership and responsibility for persons in refugee like situations, asylum seekers and refugees remain highly vulnerable with no official access to arable land, labour markets, and higher education opportunities due to strict confinement policies. Indeed, the process of identifying durable solutions for the refugee population at Osire, Namibia’s one official refugee shelter, has been slow. This is a cause for concern, especially since the UNHCR intends to scale down its activities worldwide by 2010, a move that will adversely affect the lives of refugees worldwide.