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Conflict, Transformation and Peace Studies Cluster: International Public SCHOOL OF SOCIAL SCIENCES Discipline: Conflict, Transformation and Peace Studies Cluster: International Public Affairs The implementation of the Refugee Act 130 of 1998 in South Africa and the question of the social exclusion of forced migrants; A case Study of DRC forced migrants in Pietermaritzburg. Sikanyiso Masuku 216076291 Supervisor: Dr. Sharmla Rama Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy in the Postgraduate programme in Conflict, Transformation and Peace Studies to College of Humanities, School of Social Sciences Pietermaritzburg Campus University of KwaZulu-Natal June 2018 Acknowledgements I would like to thank my saviour and creator for providing me with the strength and courage to not only embark on a Doctoral program but to tirelessly strive towards the timely completion of this academic work. In cognisance of the many challenges along the way, I believe that without God I wouldn’t have made it this far. I also thank my entire family, particularly my sister Sikhumbuzo, my mother Constance Msiza and my father Simon Msiza for their unwavering faith in me and the tremendous support they have continuously shown in all aspects of my life. I also like to thank my supervisor Dr. Sharmla Rama, who accepts nothing but perfection and hard work from her students. As my supervisor she helped me develop a good work ethic, perseverance and focus which helped me grow as a researcher and academic. Her constructive criticism of my academic work largely benefitted me and helped propel me through an otherwise arduous academic undertaking. To the many colleagues I met along the way, many of whom became my mentors, I would also like to thank them. Through their valid input, insightful contributions and encouragement my research work greatly benefitted. Lastly, I am deeply indebted to the Congolese community in Pietermaritzburg. Their willingness to foreground and share their many personal struggles and lives aspirations helped develop this academic work. May the many challenges facing all those who are displaced, vulnerable and excluded throughout the world be addressed and may their silent cries find a voice. When a stranger sojourns with you in your land, you shall not do him wrong. You shall treat the stranger who sojourns with you as the native amongst you, and you shall love him as yourself, for you were strangers in the land of Egypt…Leviticus 19:33-34 Page | ii Abstract The 1951 Geneva Convention Relating to the Status of Refugees refers to the concept ‘forced migrants’ as victims of coerced movement. In South Africa, the Refugee Act 130 of 1998 entitles all forced migrants the right to access education, employment and other social and economic services. However, forced migrants in the country remain socially excluded and continuously fall outside networks of controlled association. This study examines the underlying barriers in the enactment of the Refugee Act 130 of 1998. The central focus is the interplay between social exclusion and forced migrants failure to access their legal rights. The study offers an exploratory examination of social exclusion (a predominantly Eurocentric concept), within the context of the developing world while paying particular attention to the effects of social exclusion against forced migrants. A case study approach was adopted in the research along with an interpretive research paradigm. A non-probability sampling technique (expert sampling and homogeneous sampling) was then used to select the study participants; Democratic Republic of Congo (DRC) forced migrants and civil society members. Participants were grouped to participate in the focus-group discussion (One FGD – eight participants), two participated in the life history and three in the in-depth interviews. The data was then analysed using thematic content analysis. Murphy’s theory of Social Closure (monopolization and exclusion) underpinned the analysis of the study. The multidimensionality of social exclusion, namely; the primary cultural as well as structural agentive processes of exclusion were examined in the study. The findings from the study show that a range of multidimensional factors influence the degree of social closure, prejudice, opportunity hoarding and institutional biases confronting forced migrants. As a result, Congolese forced migrants have been inhibited from accessing a host of legal entitlements in the country. Poor collaboration between the state and civil society, inadequate refugee rights education initiatives as well as bureaucratic challenges within the South African refugee appeal system were identified in the study as contributing to these challenges. The findings suggested how a capability based approach may facilitate forced migrants social Page | iii inclusion, cohesion and their access to a spectrum of commodity bundles, civil rights and other necessaries enshrined by law. This study therefore makes a significant contribution to the body of knowledge by establishing the link between social exclusion and the deprivations confronting forced migrant populations. Key Words: Forced migration, DRC, social exclusion, refugee policy, human rights, South Africa Page | iv List of Abbreviations and Acronyms AFDL Alliance of Democratic Forces for the Liberation of Congo BPETR Bureau for the Placement, Education and Training of Refugees CRA Congolese Refugees Association DHA Department of Home Affairs DRC Democratic Republic of Congo FBO Faith Based Organisation FGDs Focus Group Discussions FMO Forced Migration Online HRE Human Rights Education HRW Human Rights Watch IASFM International Association for the Study of Forced Migration ICCRP International Covenant on Civil and Political Rights ICESR International Covenant on Economic, Social and Cultural Rights IDPs Internally Displaced Persons IRC International Rescue Committee KZNCC KwaZulu Natal Christian Council LHR Lawyers for Human Rights Page | v MLC Movement for the Liberation of the Congo MONUC United Nations Observer Mission in the Democratic Republic of Congo MUD Moral Underclass Discourse NEPAD New Economic Partnership for Development NGOs Non-Governmental Organisations NSFAS National Student Financial Aid Scheme OAU Organisation of African Unity RCD Congolese Rally for Democracy RDP Reconstruction and Development Program RED Redistributive Discourse RRO Refugee Reception Office RSDO Refugee Status Determination Officer SAPS South African Police Services SADC Southern African Development Committee SASSA South African Social Security Agencies SAMP Southern African Migration Program SGBV Sexual and Gender Based Violence Page | vi SID Social Integration Discourse UN United Nations UNCRC United Nations Convention on the Rights of the Child UNDP United Nations Development Programme UNHCR United Nations High Commissioner for Refugees UDHR Universal Declaration of Human Rights WFP World Food Program Page | vii List of Tables Table of Contents Table 1: Domestic Legislation regarding forced migrants in SADC member states ................ 45 Table 2: Dominant Refugee Reception Models ............................................................................. 45 Table 3: Rebel groups in the Democratic Republic of Congo …… ............................................. 65 Table 4. Congolese migrants in African Regions, 1990, 2000, and 2015 ………………...….….75 Table 5: Comparison of quantitative and qualitative research approaches ……………....…129 Table 6: Research sample ….........................................................................................................140 List of Diagrams Table of Contents Diagram 1: Illustration of immigrants as a proportion of the population, 1998–2010 in Western Cape (WC) and the rest of the country (SA) …………………………………………..77 Page | viii Table of Contents DECLARATION ……………………………………………………………………….....…….…. i ACKNOWLEDGEMENTS ………………………………………………………………….….... ii ABSTRACT …………………………………………………………………………………...….. iii ABBREVIATIONS AND ACRONYMS …………………………………………………….….... v LIST OF TABLES ……………………………………………………………………………..... viii LIST OF DIAGRAMS ………………………………………………………………….……..... viii CHAPTER 1: INTRODUCTION AND BACKGROUND............................................................. 1 1.1 INTRODUCTION ................................................................................................................... 1 1.2 STUDY RATIONALE ............................................................................................................ 3 1.3 RESEARCH PROBLEM ........................................................................................................ 5 1.4 RESEARCH OBJECTIVES AND AIMS .............................................................................. 8 1.4.1 Research Objectives.......................................................................................................... 8 1.4.2 Research Questions ........................................................................................................... 9 1.5 KEY CONCEPTS .................................................................................................................... 9 1.5.1 Forced Migration .............................................................................................................. 9 1.5.2 Social Exclusion .............................................................................................................. 11 1.5.3 Social Capital and Social Exclusion .............................................................................. 13 1.6 PRINCIPAL THEORY ........................................................................................................
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