World Refugee Survey 2009: Limited Progress on Refugee Rights in Africa
Refugee Rights News
June 2009
Last month, the U.S. Committee for Refugees and Immigrants (USCRI) released its annual World Refugee
Survey. This year’s survey has rated 52 governments around the world based on “refugees’ enjoyment of
rights in the 1951 Convention relating to the Status of Refugees and other human rights instruments in the
leading host country.” USCRI grades each country on their treatment of refugees in relation to four main
areas: 1) Refoulement/Physical Protection, 2) Detention/Access to Courts, 3) Freedom of Movement and
Residence, and 4) Right to Earn a Livelihood. In each category, each country is graded on a scale from A
(being the best) and F (being the worst), while also noting their improvement or decline over the past year. Though this grading system might seem an overly simplified presentation for such deeply complex
situations, the survey does provide a useful indicator in judging the overall performance of host countries.
The format for the presentation of this information has changed as previously the USCRI’s published
survey included a synopsis. This year, the published book shows only each country’s grades, and countryspecific
data can now only be found on their website. Countries’ “report cards” are compared from 2008 to
2009, with anticipated 2009 grades appearing in gray. As the year goes on, the site will provide frequent
updates, and the anticipated grade will change and turn to color when it becomes final. It is hoped that the
web text may facilitate, better, and more up to the minute advocacy.
Twenty-four African countries were among the 52 countries rated. According to USCRI, African countries
showed an improvement, albeit a small one, across all four areas considered. More governments, however,
scored F’s in each area than A’s, showing that while many have improved, numerous countries are still at
the bottom in regards to refugee treatment. As on any other continent, Africa contains both the good and
the bad: South Africa, Kenya, and Egypt were all on this year’s “Worst Places for Refugees” list, although
each showed some improvements, while Malawi and Niger achieved stellar marks.
Refoulement/Physical Protection
Although grades proved to be disappointing last year, the area that showed the most improvement within
Africa was the decrease in refoulement and the increase in physical protection of refugees. Seven
countries improved their practices in regards to the treatment of asylum seekers and deportation or forced
return of refugees, while four got worse.
Among the countries that improved most in this category were Uganda and Tanzania, both of which
received a B this year, showing the difference that changes in policy and practice can make in a short time. Uganda’s progress in this area can be attributed in part to the Refugees Act 2006, which took effect in May
2007 and, according to USCRI, produced significant impacts by 2008. The Act provides for refugee
protection defined by the 1951 Convention, allowing asylum seekers to remain in Uganda for up to two
years and establishing a detailed and fair application system. Tanzania’s improvement represents an even
larger step forward because although they still scored two F’s this year, the B in this category shows
significant movement from the four F’s they received in 2006. (There are serious concerns, however, that
practice may be eroding once again given the pressure being exerted on Burundian refugees to repatriate,
for more information, see “Repatriation or Else: Closing the Mtabila Refugee Camp in Tanzania.”)
On the other end of the spectrum, the Democratic Republic of Congo (DRC) joined Egypt, Kenya, South
Africa, and Libya, all of which received F’s the past two years in this category, at the bottom – dropping
from a C to an F in the last year. Despite having established a National Commission for Refugees (NCR),
which is supposed to decide asylum cases in consultation with a UNHCR representative, this body
reportedly falls severely short in practice. In addition, USCRI states that the government has provided little
or no protection to refugees and asylum seekers, who as a group do not enjoy basic rights. This is a blight
on DRC’s performance, which in the past few surveys included mostly B’s and a few C’s.
Detention/Access to Courts
The arbitrary detention of refugees and their ability to access courts was another area that saw relative
progress within Africa as a whole, with four countries receiving the highest marks. Of the six governments
that witnessed improvement, Mauritania saw the largest, going from a D in 2007 to a B in 2008 and in
2009. Although they did not receive top grades and still detained migrants, the government of Mauritania
has given UNHCR and ICRC permission to meet detainees – an important step which has been reflected in
the judgment of USCRI.
Sudan, on the other hand, has shown a decline in relation to refugee detention and access to courts and
legal documentation, falling from a D to an F. According to USCRI, Sudan, one of last year’s worst places
for refugees, “arbitrarily detains scores of refugees and asylum seekers, charging them with illegal entry
and lack of documentation under the Passport and Immigration Law of 1993.” Furthermore, obtaining
refugee documentation is an expensive, time-consuming, and arbitrary process.
Freedom of Movement and Residence
Although two countries did better in this category (South Africa and Sudan) and one (Chad) did worse as
compared to last year, Africa as a whole has remained stagnant in regards to confining refugees to camps
and restricting their travel. With only two countries receiving A's and four receiving F's, it seems that the
continent has much room for advancement in this area.
One country that has reached its goal regarding the freedom of movement for refugees, and has done so
for three consecutive years, is Niger. According to USCRI, there are no refugee camps in Niger and
refugees are free to move within the country and can choose their places of residence. The 1999
Constitution states that “the state shall recognize and guarantee freedom of movement without limiting the
right to citizens.” The government also issues both the Refugee Travel Document TVC and laissez-passer
to recognized refugees, allowing easy international travel.
Juxtaposing the consistent accomplishments of Niger in this category are Algeria, Ethiopia, Kenya, and
Tanzania, all of which have scored F's for the past three years. The Kenyan government confines the vast
majority of refugees to desolate refugee camps around Dadaab and Kakuma and police regularly demand
bribes from refugees holding UNHCR documents. Similarly, Tanzania, under its Refugee Act, requires
asylum seekers and refugees to live in designated refugee camps or settlements. Restrictions on
unauthorized movement are vigorously enforced with fines of up to 50,000 shillings (US$45) or
imprisonment for up to six months.
Right to Earn a Livelihood
As in the above category of refugee treatment, there has been little change in policies and practice in
regards to enabling refugees and asylum seekers to legally work and engage in business. Only one
country, South Africa, improved in this category, while none saw a decline in their grades. However, four
countries received the lowest possible marks, whereas only two achieved A's.
Malawi, one of the better scoring African countries overall, was awarded an A in this area. Refugees are allowed to legally work for wages, but must obtain temporary employment permits in order to do so. They can also run businesses legally, but unfortunately must do so in Dzaleka camp.
Once again, Algeria fell short by scoring an F in this category for the third consecutive year. According to USCRI, Algerian law severely restricts the rights of foreigners to work and makes negligible exception for non-Palestinian refugees, who have no more rights than foreigners generally. Although some skilled refugees and asylum seekers try to bypass the strict work permit system and engage in self-employment, they risk arrest and detention and enjoy no social security or labor protections.
Conclusion
USCRI’s World Refugee Survey is certainly not exhaustive and does boil down complex policies and
practices into one letter grade. However, while not being perfect, this evaluation undoubtedly serves an
important and useful purpose in the refugee rights community. NGOs, both national and international, are
provided with an annual progress report on the general advancement or regress of key African nations,
enabling them to pressure governments who have been doing poorly, while praising and holding up others
as examples of success in dealing with refugee rights. Rather than supplying specific policy changes in
each country, this survey serves as a tool for others to use in their fight for the equal rights of refugees and
asylum seekers throughout Africa and the rest of the world.
USCRI conducts its assessments in cooperation with local NGO partners in the reviewed country. Please
contact USCRI if you are interested in being a research partner for the next survey and look at the World
Refugee Survey 2009 online to gain a more in depth perspective of each country’s practices and policies.
For further information and to discuss the current refugee treatment in each country graded by USCRI,
please visit their new website that they launched this year at www.worldrefugeesurvey.org.