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32 Hastings Int'l & Comp. L. Rev. [i] (2009)

handle is hein.journals/hasint32 and id is 1 raw text is: HASTINGS INTERNATIONAL
AND COMPARATIVE LAW Review
VOL. 32            WINTER 2009                      NO. 1
Table of Contents
ARTICLES
VICTIMS OF ARMED CONFLICT AND PERSECUTION IN SOUTH
AFRICA: BETWEEN A ROCK AND A HARD PLACE
By Edwin Odhiambo Abuya and Dulo Nyaoro ................................. 1
This paper examines the extent to which African States
have cemented their commitments to protect persons forced to
flee from their home states owing to armed conflict and/or perse-
cution. Using South Africa as a case study, this paper examines
the experience of refugees and asylum seekers at the hands of
South African Police. Two central issues are, first, the identity
documents that are issued to asylum seekers and refugees com-
ing to South Africa, and second, the constitutional rights to pri-
vacy and security, which are promised to all. It is contended that
although law enforcement officials are generally required by law
to protect every person in society, citizens and non-citizens alike,
the experiences of refugees and asylum seekers at the hands of
SAP show a considerable distance between theory and practice.
Ultimately, the divergence between the legal standards and the
reality of refuges and asylum seekers coming to South Africa un-
dermines their right to enjoy asylum. In conclusion, this paper
argues that, in order to ensure the rights of refugees and asylum
seekers, more is required than the mere passage of legislation.

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