Immigration-Related Challenges Experienced by Refugees and Asylum Seekers living with disabilities in South Africa.

Disability is part of the human experience and a component of being human. It is caused by the interplay of several environmental and individual circumstances with medical diseases, including dementia, blindness, or spinal cord damage. Today, 16% of the world’s population, or an estimated 1.3 billion individuals, live with a significant impairment. Due to an increase in non-communicable diseases and longer lifespans, this number is rising.

The experiences and health requirements of people with disabilities are influenced by a variety of circumstances, including their economic status, sex, age, gender identity, sexual orientation, religion, race, and ethnicity.  South Africa celebrates National Disability Rights Awareness Month annually between 3 November and 3 December. The 3^rd December is the International Day of Persons with Disabilities and is also celebrated as National Disability Rights Awareness Day. [1]

It is well-known that not enough studies have been done on the relationship between migration and disability. The World Health Organisation estimates that there are 1.3 billion people who experience significant disability. This represents 16% of the ‘world’s population, or 1 in 6 of us. [2]

This unfortunate phenomenon is accompanied by the agony of immigration stress, which stems from the complexity of leaving everything familiar behind while attempting to establish a new life, which includes uncertainty, cultural adjustment, and the challenges of establishing safety and security in a strange environment. It places an incalculable level of resilience and tremendous mental and physical costs. Dealing with the difficulties of immigration regulations and documentation can lead to perennial uncertainty. This gives birth to anxiety and tension, which result from waiting for approval of documentation, be it for Visa application or asylum. Imagine these challenges for a person who also lives with disabilities.

According to the Census of 2022, there were about 2.4 million immigrants in South Africa, or little more than 3% of the overall population. The Southern African Development Community (SADC) region accounted for 86% of these, with Zimbabwe accounting for 45.5%, Mozambique for 18.7%, and Lesotho for 10.2%. Zimbabwe, Mozambique, Malawi, Lesotho, and the United Kingdom were the top five sending nations to South Africa; they have remained in that position since 2011.[3]

Migrants and refugees with disabilities face complex issues in South Africa due to factors like their migration status, cultural differences, fragmented policies, lack of data, social stigma, and limited resources hinder their recognition and fulfilment.

Furthermore, this fuels the existing prejudice and discrimination that immigrants frequently experience. This includes discrimination and xenophobia, particularly those from marginalized or minority origins. The truth is a person’s handicap may make it more difficult for them to become a citizen or obtain refugee status, and their status as an illegal immigrant or refugee may limit the kinds of social support services and health care they need to access.

South Africa has developed a comprehensive policy framework on disability to address the rights and needs of people with disabilities, in line with international standards such as the United Nations Convention on the Rights of Persons with Disabilities (CRPD). However, this framework is not specific to immigrants but a blanket approach targeting those who live in the country.

This framework encompasses various laws, policies, and strategies aimed at promoting inclusion, accessibility, and equal opportunities for people with disabilities across all aspects of life, including education, employment, healthcare, and social participation.

This policy framework on disability is designed to promote the rights, dignity, and inclusion of people with disabilities. It aligns with international human rights standards, including the United Nations on the Rights of Persons with Disabilities (CRPD), which South Africa ratified in 2007. This framework aims to eliminate barriers to full participation in society, ensuring equal access to opportunities and services for people with disabilities. [4]

The Constitution of South Africa (1996)

All citizens’ rights, including those of those with disabilities, are guaranteed under the Constitution. It explicitly prohibits discrimination based on disability and ensures legal equality. People with disabilities are guaranteed the same rights and protections as other citizens by Section 9 of the Constitution, which addresses equality and forbids discrimination based on disability.[5]

The Integrated National Disability Strategy (INDS) (1997)

The INDS is a comprehensive framework established to handle the difficulties that South Africans with impairments encounter. To create a more inclusive society, it addresses several topics, such as social security, employment, education, health, and transportation. The approach highlights that disability is not just a medical or charitable issue, but also a question of social justice and human rights.[6]

South Africa’s commitment to guaranteeing the complete inclusion and involvement of those with disabilities in all facets of society is defined in this policy paper.
It is founded on the CRPD’s tenets and advocates for a change in the medical paradigm of disability to a social model that eliminates social, environmental, and attitude barriers.
This White Paper address the issue of gender-based violence and abuse experienced by women and girls with disabilities including employment and skill development.

The Promotion of Equality and Prevention of Unfair Discrimination Act (2000)
This Act outlines procedures for challenging unjust discrimination and attempts to stop discrimination on a few reasons, including disability and immigrants.[7]

Social Services and Health

The South African government is required by international human rights legislation to guarantee that everyone, including non-citizens, has access to emergency medical care, even though immigrants—particularly those with disabilities—may encounter obstacles when trying to access public health and social services. Additionally, there are programs designed specifically to help communities include those with impairments.

The needs of migrants and refugees with disabilities and the intersectionality between the two are not well understood by national and international disability policies, which leads to their exclusion from human rights protection, health and rehabilitation services, and social welfare programming.

Disability policies often focus on disability as a singular experience, neglecting the interplay of multiple social identities, such as race, gender, disability, and migration status, leading to policies that fail to address the unique vulnerabilities faced by migrants or refugees. Moreover, Legal frameworks for refugees, migrants, and people with disabilities are often fragmented, addressing specific needs or challenges. This fragmentation makes it challenging to create comprehensive policies that address the unique challenges faced by these intersecting groups.

Furthermore, data on migrants and refugees with disabilities is limited, often underreported due to lack of self-reporting methods, fear of stigma, and prioritization of emergency responses over long-term care, hindering informed policy design. International frameworks like the UN Convention on the Rights of Persons with Disabilities and the Global Compact on Refugees often lack integration and political will, leading to a gap between policy recommendations and their implementation. South Africa is lagging in addressing these preventing issues affected immigrants with disabilities because of these gaps.

Improving the lives of immigrants with disabilities in South Africa necessitates a multifaceted strategy that considers both the difficulties faced by immigrants in the nation and the special requirements of disabled people. South Africa could improve the lives of immigrants with impairments in the following ways:

Immigrant Healthcare Access

1. Ensures inclusive healthcare system that includes affordable healthcare for immigrants, including disability-specific services.
2. Expand specialized rehabilitation and support for people with disabilities.
3. Address exclusive needs of immigrant populations, including language barriers, cultural differences, and different care standards.

South Africa’s Legal Protections and Advocacy

1. Strengthen laws to protect individuals with disabilities, including immigrants.
2. Ensure discrimination against immigrants in employment, education, healthcare, housing is attended efficiently
3. Implement policy inclusivity: Include immigrants in national disability programs, ensure representation, access to benefits, and government support.

Social Support and Integration Programs

1. Establish and strengthen community-based organizations supporting immigrants with disabilities.
2. Promote community inclusion through accessible spaces, social programs, and events.

Cultural Sensitivity and Language Support

1. Provide translation and interpretation services in various languages for immigrant populations.
2. Train social workers, healthcare providers, teachers in cultural expertise.
3. Ensure dignity and respect for immigrants with disabilities.

In conclusion, improving the lives of immigrants with disabilities in South Africa necessitates an all-encompassing approach that considers social integration, healthcare access, legal safeguards, economic possibilities, education, and accessibility. It also entails making sure that policies and services are sensitive to the unique requirements of immigrants with disabilities and cultivating an inclusive, respectful, and empathetic culture. For this vulnerable group, South Africa may establish a more equal and encouraging environment by integrating social activities, legislative frameworks, and community participation.

Yolokazi Mfuto is a communications strategist at the DDP and writes in her personal capacity.

References

[1] https://www.gov.za/DisabilityRightsAwarenessMonth2023

[2] https://www.who.int/news-room/fact-sheets/detail/disability-and-health

[3] https://www.gov.za/about-sa/south-africas-people

[4] https://pmg.org.za/committee-meeting/12656/

[5] https://www.concourt.org.za/images/phocadownload/the_text/Slimline-Constitution-Web-Version.pdf

[6] https://www.gov.za/documents/white-papers/integrated-national-disability-strategy-white-paper-01-nov-1997

[7] https://www.gov.za/documents/promotion-equality-and-prevention-unfair-discrimination-act