OPEN LETTER FROM MSF TO UNHCR IN SOUTH AFRICA

14 August 2008

Mr Sanda Kimbimbi
UNHCR Regional Representative for Southern Africa
PO BOX 12506
The Tramshed, 0126
Pretoria, South Africa

Dear Mr Kimbimbi,

Tomorrow, 15 August 2008, approximately 4,000 vulnerable, displaced foreign nationals are under threat of being forcibly removed from camps allegedly established to protect and assist them in the wake of the xenophobic violence that took place earlier this year.

I am writing on behalf of Doctors without Borders/Médecins Sans Frontières (MSF) in South Africa, to express grave concern regarding the government-declared deadline for closure of these camps, and the absence of the United Nations leadership, in particular UNHCR, in mobilising to stop this premature closure from taking place. MSF has repeatedly called on the government of South Africa to ensure adequate assistance and protection, to clearly communicate plans for re-integration, and to uphold its obligation to protect refugees, asylum-seekers, and
other vulnerable groups. We have also made it clear that no camps should be closed until genuinely viable options are made available to the displaced.

Today, MSF mobile clinics providing medical and mental health activities in Rand airport camp witnessed the Department of Home Affairs distributing rejection letters to asylum-seekers. The mass distribution of these letters leaves people with no legal status. The temporary cards that the displaced registered for last month provide no
guarantees for “legal protection” or “assistance” as promised by the government in a leaflet distributed to all the displaced at Rifle Range (Glenanda) camp.

Further, it is our understanding that neither the government nor UNHCR will support the re-integration of anyone in the country "illegally". The current refusal of asylum status means that the majority of those displaced are now considered “illegal” – unless they appeal the decision. The government, with backing from UNHCR, is washing its hands of its responsibility to protect those who were displaced.

MSF is appalled at the role that the UNHCR has played in this process. UNHCR has supported the government decision to close the camps – and in so doing has failed the people it is mandated to protect. The consequences of this failure are dire for the remaining 4,000 people in the camps. MSF has witnessed an increase in consultations relating to trauma and other mental health conditions, including insomnia, anxiety, poor appetite and headaches.

MSF calls on UNHCR and the UN Resident Coordinator to state publicly their position and support a suspension of the current plans for closure. While the camps are by no means a proper long-term solution, the displaced cannot be expected to return to the communities that perpetrated violence against them, without any effort to ensure their safety and security.

The government, in collaboration with UNHCR, should provide viable options to those who do not feel safe to return to their communities. All asylum-seekers should be given the right to appeal their rejection of asylum status. And humanitarian actors must have full and unhindered access to all the sites at all times. The UNHCR must take a stand that takes into consideration first and foremost the needs and interests of the
displaced.

Sincerely,

Rachel M. Cohen
Head of Mission
MSF South Africa