Foundation Research for the Support Program to the Africa-EU Migration and Mobility Dialogue (MMD III) - Funded by EU , Implemented through the ICMPD

Enhancing Protection and Asylum: A South-South Dialogue for Rights and Solutions – Research Component

Introduction

Legal frameworks for access to asylum for refugees and for the protection of unaccompanied and protected children both exist in Uganda and South Africa. However, this legislation has gaps[1] and, particularly in South Africa, creates barriers to the accessing of asylum and the protection of unaccompanied and separated children.[2] Apart from the gaps in legislation, the implementation of laws on the ground by government departments is often dissatisfactory.[3] Civil Society organisations grapple with their mandate to provide services and protect the rights of refugees because of gaps in or limiting legislation.[4] This has the potential to lead to statelessness for children and adults.[5]   

The present research study is a component of Enhancing Protection and Asylum Program which seeks firstly, to promote the right of refugees to legal frameworks that provide easily accessible and protective asylum. Second, it aims to improve legal frameworks relating to the protection of unaccompanied and separated children. The larger goal is to build regional collaboration and eventually congruent legal frameworks in the eastern and southern African region like the Rabat 2006 Process between Europe and Africa[6] and the Khartoum Process in the Horn of Africa.[7] The Scalabrini Institute for Migration in Africa has a strong presence at both government and NGO level in Uganda and South Africa and has chosen to use a comparative study between the legal frameworks and their implementation in the two countries as a starting point for discussion with the other countries in the region. In addition, the programme will advocate within each country for improved and more protective legal frameworks and effective implementation of these laws on the ground. Given the above, this comparative research study will:

• provide the foundation for discussion, learning and, hopefully, collaboration between Uganda and South Africa around legal frameworks for the protection of refugees
• inform the development of policy guidelines and advocacy around these for each country that will improve access to rights for refugees
• provide an example of inter-country collaboration to feed into processes that seek to establish dialogue and congruent legal frameworks for refugee protection across eastern and southern Africa.  

Research questions

                         I.            What are the legal frameworks around access to asylum and the implementation processes associated with these frameworks in Uganda and South Africa?

                         II.            What are the legal frameworks around the protection of unaccompanied and separated refugee children and the implementation processes associated with these frameworks in Uganda and South Africa?

                         III.            What are the similarities and differences between the two countries regarding the above? What can they learn from each other?

                         IV.            What are the gaps, enablers and barriers for refugees, including unaccompanied and separated children to access their rights in each country?

                           V.            What policy recommendations should become the focus of advocacy to close gaps and remove barriers around the rights and protection of refugees in both countries?

Research Design

The study will use a qualitative research approach as it seeks to develop an understanding of the experience[8] of both stakeholders and refugees (through refugee-led organisations) of the application of the legal frameworks outlined in the desk review.

 A desk review of the legal frameworks that exist is a necessary starting point as the research aim is to make recommendations to adapt or add to legislation to improve the rights of refugees, especially unaccompanied and separated children. The starting point for policy recommendations to adapt or add to legislation needs to be based on how the legal framework affects refugees, themselves and those who provide support for their accessing of their rights. Therefore, the study will interview stakeholders who work directly with refugees including refugee-led organisations and government officials. This process will be undertaken in both Uganda and South Africa to compare the legal frameworks and application of these frameworks.  

 Population

The sample for the Key Informant Interviews (KIIs) will be purposive[9], i.e. it will focus on workers at government and civil society organisations in Uganda and South Africa who work directly with those seeking asylum and those who participate in refugee-led organisations. The study will not apply a gender lens to the selection of key informant interviewees but will make sure that civil society organisations engaged with represent work with both men and women and boys and girls. The participants will be selected via a listing of organisations made by the partners in the project[10].

 Sample size

Twenty (20) Key Informants each in South Africa and Uganda. The sample size is based on knowledge of the number of civil society organisations involved in working with refugees and unaccompanied and separated children is sufficient for triangulation within the data from the interviews for a qualitative study.

Plans for dissemination and utilisation of study results

The research results will be disseminated in several ways:

·   Policy recommendations for decision makers will be distributed through policy briefs and small high-level discussions.

·     A multilateral symposium for civil society organisation, consortia and networks working with people on the move in countries neighbouring South Africa. This will be followed be a Southern African regional symposium (12 continental SADC countries). The engagements aim to commence civil society dialogue on mobility with a focus on asylum access and protection and to set the scene for further multilateral engagements in the region, exploring opportunities for more coordinated protection interventions, sharing of best practices and learning on asylum access, process and rights realisation. 

·    The research on unaccompanied and separated children will be disseminated through two multi-day conferences will be hosted in Uganda and South Africa respectively. Attendees will be child protection actors, government departments, civil society organisation working with children They will analyse the research findings and develop policy recommendations and content for advocacy strategy and awareness tools to promote full access to asylum and asylum processes and rights realisation for asylum seeker and refugees.

·     The partner institutions will produce a Best Practice Toolkit based on information from the key informant interviews. This will be distributed for use to all organisations involved as partners and in the interviews.