Zimbabwean Refugees face further hardship in South Africa

1 July 2009, 03:21PM

© AP Photo/Themba Hadebe A Zimbabwean woman and her child crosses the border near Musina South Africa 2008

In the past few years, some 3 million Zimbabweans, 25% of the population, have left Zimbabwe, trying to find a life outside crippling poverty and hyperinflation. The great majority of these people go to South Africa, crossing the border at the Limpopo River to the town of Musina. The enormous influx of people has made this the most traveled road in the country.

For some, crossing the border is a simple exercise in black market commerce. A well-placed bribes to the authorities on either side ensures a relatively hazard free journey. For the destitute, the starving and the uninitiated, the success of a border crossing relies on little more than luck and desperation

As daunting as a border crossing is, the dangers faced pale in comparison with the Guma Guma; thieves, swindlers and rapists who are active along the northern borders of Limpono Province. They proffer passage over the border or through South Africa to Musina and as payment they rob, rape and violently assault their victims. Hundreds of cases are documented of women and young girls who are raped as they try to cross into South Africa, often by gangs of men, on multiple occasions.

Médecins Sans Frontières, who work in South Africa with victims of rape and abuse, released a report this month titled ‘No Refuge, Access Denied: Medical and Humanitarian needs of Zimbabweans in South Africa.’ This is an account of one of the cases MSF encountered:

There were seven of us, all girls. We were just friends, not relatives. I was the youngest of them. We got on a bus to Beitbridge and when we got off these men were saying that if we don’t have money to cross, we could come with them. We opted to go in their cars. They said border jumpers travel at night so we drove around from 6 pm to 7 am. We went to so many different places I didn’t know where we were any more. Then they stopped at one place in the forest and this became our sort of home for the next four months. There were 13 men watching us all the time and they raped us every day. Eventually they started to let us go to urinate by ourselves and that is how we escaped. Now I am four months pregnant.

Asylum seekers in Musina swell the town population by some 15,000 people at any given moment. For most, the final destination is Johannesburg and Musina is simply the first town on the road that has a functioning local hospital. As a result, Musina has become the destination for most refugees who have suffered at the hands of the Guma Guma. The South African constitution guarantees free health care for all people, including asylum seekers and refugees who, according to a 2007 Department of Health Revenue Directive, should be treated for free regardless of their status. Despite this, MSF has reported stark discrepancies in the treatment of native South Africans and Zimbabwean refugees. Reports of Zimbabweans trying to seek treatment being harassed are common as are instances of exorbitant fees and early discharges.

Amnesty International has found that victims of rape are being denied access at Musina hospital to urgent medical services if they have not already reported their case to the police. Women who have been raped have a 72 hour window in which to receive preventative treatment for HIV infection. Often they are too afraid to speak to authorities, for fear of deportation or maltreatment. Amnesty International reports that,

According to South African law, a rape survivor does not have to lay a criminal charge before being given access to HIV prevention treatment at a health facility. National health policy gives priority to meeting the needs of the survivor, whether or not they report to the police. The practice at Musina Hospital of turning away rape survivors who have not reported to the police is clearly in conflict with these legal and policy requirements.

Recent action by the Department of Home Affairs in South Africa has brought some measure of hope to Zimbabwean refugees. In April 2009, the DHA announced plans to introduce a special dispensation permit under Section 31(2)(b) of the Immigration Act, which would allow Zimbabwean nationals to stay in the country legally for up to 12 months. They have the right to work, study, access health care and other basic services. At the same time, the DHA announced a moratorium on deportations of Zimbabwean nationals. In May 2009, a second announcement was made allowing Zimbabweans a 90-day ‘visa-free entry’ into South Africa.

These are positive steps, however MSF reports that real changes on the ground are slow to manifest. The special legal exemption has yet to be introduced and police continue to deport refugees, in direct violation of the moratorium. Furthermore, the 90-day Visa is contingent on the person holding a passport or emergency travel document, which can cost up to R 6,8000 (US $820).

Amnesty International has launched an urgent action seeking proper and humane treatment for those rape victims who survive the journey to Musina. South Africa has accepted obligations under human rights treaties to ensure that women’s right to health is respected, protected and fulfilled. Download the Musina_Hospital_Urgent_Action.pdf (70KB) fill it out and send it to the Limpopo provincial Minister for Health and Social Development urging her to support Zimbabwean refugees. You can read more on the plight of rape survivors in South Africa on the Amnesty International website here and in a June 2009 report and an 8 minute video clip by MSF.

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