Trusting Democracy: The Law Can Work for Refugees, but what the System Needs Is an ‘Injection of Humanity’

Newfound hope was seen in South Africa on 27 April 1994, when the country held its first democratic elections. In that spirit, South Africa acceded to the 1951 United Nations Refugee Convention and agreed to uphold its promise of protecting the most vulnerable. However, 25 years on, refugees have experienced increased exclusion and rights violations. The last 25 years have brought with them numerous struggles for refugee communities, including violence, institutionalised xenophobia and a lack of political will. How do we get back the momentum and spirit that paved the way for democracy in South Africa? While South Africa has robust legislative measures, a sense of humanity has been lost in their implementation. This article offers an overview of what it means to be a refugee in democratic South Africa, and it asks whether we can trust our democracy to protect the most vulnerable. By exploring the day-to-day obstacles that refugees encounter from the moment they arrive in South Africa, this article aims to highlight the systematic breakdown of the generous laws that are supposed to protect refugees. The law can work, but an ‘injection of humanity’ is needed in public and private life to ensure that the vision of democracy is upheld.