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Refugee Law and Durability of Protection: Temporary Residence and Cessation of Status
In: International journal of refugee law, Band 32, Heft 4, S. 726-729
ISSN: 1464-3715
Access to effective refugee protection in South Africa: legislative commitment, policy realities, judicial rectifications?
Just over two decades ago, the new South Africa (SA) adopted the Refugees Act No 130 of 1998 (RA), which incorporated the Republic's global and regional international refugee law (IRL) obligations. For its time, the RA was progressive and advanced in terms of the scope and content of protection it provided for refugees. The coming into force on 1 January 2020 of the Refugees Amendment Act 11 of 2017 (RAA 2017) substantively and detrimentally altered the Republic's refugee protection landscape by severely restricting access to the asylum regime and by denying asylum-seekers substantive rights that were previously available to them. The amended RA also withdraws status and protection from refugees, recognised as such under IRL. Indeed, many new provisions arguably violate both SA's international obligations and its Constitution. Two decades after the coming into effect of the Refugees Act 1998 (RA), this article critically appraises access to effective refugee protection in SA through an international refugee law lens. It argues that SA courts were forced to straddle between the legislative promise of the RA and Executive policies designed to limit access to asylum procedures and to deny asylum-seekers substantive rights. Courts have extended constitutional protection to those physically in the Republic, irrespective of their legal status therein. They have utilised the principle of nonrefoulement, enumerated in section 2 of the RA, to bridge a protection gap between 'asylum-seeker' (per the RA) and 'illegal foreigner' (per the Immigration Act 2002), ensuing access to the asylum process by requiring the issuance or renewal of asylum permits. Courts have also utilised the constitutional right to dignity to facilitate asylum-seekers' (partial) access to substantive rights to employment, to basic medical care, to education, and to marry South Africans, which the Executive (through directives, regulations, and other policies) sought to deny them. Yet, generally, in their asylum jurisprudence, SA courts have not ...
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Book Reviews
In: Israel studies review, Band 34, Heft 2, S. 144-168
ISSN: 2159-0389
Stuart A. Cohen and Aharon Klieman, eds., Routledge Handbook on Israeli Security (New York: Routledge, 2018), 350 pp. Hardback, $220.00.Wendy Pearlman and Boaz Atzili, Triadic Coercion: Israel's Targeting of States That Host Nonstate Actors (New York: Columbia University Press, 2018), 367 pp. Hardback, $65.00.Dmitry Shumsky, Beyond the Nation-State: The Zionist Political Imagination from Pinsker to Ben-Gurion (New Haven, CT: Yale University Press, 2018), 320 pp. Hardback, $40.00.Moshe Hellinger, Isaac Hershkowitz, and Bernard Susser, Religious Zionism and the Settlement Project: Ideology, Politics, and Civil Disobedience (New York: SUNY Press, 2018), 348 pp. Hardback, $95.00.Avi Sagi and Dov Schwartz, Religious Zionism and the Six-Day War: From Realism to Messianism (New York: Routledge, 2018), 134 pp. Hardback, $140.00.Yoav Peled and Horit Herman Peled, The Religionization of Israeli Society (New York: Routledge, 2018), 250 pp. Hardback, $150.00.Joel Peters and Rob Geist Pinfold, eds., Understanding Israel: Political, Societal and Security Challenges (New York: Routledge, 2018), 292 pp. Hardback, $145.00. Paperback, $51.95. Kindle, $25.98.Orit Bashkin, Impossible Exodus: Iraqi Jews in Israel (Stanford, CA: Stanford University Press, 2017), 320 pp. Hardback, $85.00.Shapiro Prize Winner:
Diego Rotman, The Stage as a Temporary Home: On Dzigan and Shumacher's Theater (1927–1980) [in Hebrew] (Jerusalem: Magnes Press, 2017), 354 pp. Paperback, $33.00.