Few refugees apply for work, residence permits
Pini Bothoko | Tuesday August 27, 2024 12:22
Shamukuni said this in response to a question posed by Member of Parliament (MP) for Francistown West, Ignatius Moswaane, on Friday. Moswaane had asked whether the minister was aware that refugees are denied residence and work permits despite having lived in Botswana for over 20 years. The legislator also wanted to know if Shamukuni was aware that children who are born of refugee parents are denied tertiary education even in cases of excelling academically. Moreover, he questioned whether the minister was aware that parents are unable to work and sponsor their children because of a lack of work and residence permits and if this isn't a violation of basic human rights.
In the past, there have been concerns over the delay in the processing of work and resident permits as applicants could take four to five months to get the results, leading to speculation that this might be contributing to the decline in applications. However, Shamukuni revealed that, from the records of the Ministry of Justice, refugees apply for work and residence permits in very small numbers. “Last year, in 2023, I supported a total of nine applications involving 42 individuals for onward submissions and processing by my ministry while in 2024 the ministry only received two applications,” he said. “As regards access to education, Botswana offers refugee children education up to senior secondary which is far better than the requirement of the 1951 United Nations Convention relating to the status of refugees. Article 12 calls for states to offer elementary (primary) education.
” Shamukuni clarified that the mandate of the Ministry of Justice relates to the management and welfare of refugees not the issuance of work and residence permits. He said work and residence permits are the portfolio responsibility of the Ministry of Labour and Home Affairs and the procedure for applying for work permits is regulated by immigration laws. Furthermore, he said refugees are at liberty to apply for work permits and the role of his ministry in that regard is complementary. “Where a refugee applies for a work permit, the application is routed through my ministry for the minister of justice to exercise his discretion under section 13 of the Refugees (Recognition and Control) Act to support the applicant and request my ministry that the period that a recognised refugee has resided in Botswana be regarded as a period the refugee has been ordinarily resident in Botswana,” he said.
Shamukuni added that at the time Botswana ratified the 1951 UN Convention relating to the status of refugees, certain reservations were made including reservations to wage-earning employment. However, he stated that the Ministry of Justice continues to support all applications for work permits by refugees. “It isn't a violation of human rights to deny a refugee a work permit as processes are followed in line with the provisions of the Immigration Act which provisions apply to all applications irrespective of whether the applicant is a refugee,” he said. Moswaane expressed worry that refugees can't move freely to do business as they are given daily permits renewed every Monday but expected to sponsor their children's education at tertiary institutions. “Imagine keeping refugees for more than 30 years at refugee camps not allowing them to work for themselves and their families. This isn't fair, especially done by a country which is expected to observe and protect human rights,' Moswaane said.