Talking and Thinking About Refugees (TTR) by SacredHeartCollege

TALKING & THINKING ABOUT

REFUGEES A RESOURCE FOR TEACHERS

TALKING & THINKING ABOUT

REFUGEES A RESOURCE FOR TEACHERS

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Aims 14 The three2six education project 16 Mindburst workshop 22 Julie’s story 24 How the stranger confronts us with ourselves 28 The birth of prejudice 30 How we use the term refugee 32 A new deal for every forcibly displaced child 34 Every child has the right to... 38

NTS

INTERMEDIATE PHASE

NTE

6 GUIDING PRINCIPLES

INTRODUCTION

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Breaking boundaries 44 Difference is more 50 One struggle many voices 54 Their today everyone’s tomorrow 58 Talk about it work it out 62 We are all migrants 66

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Fleeing Home 72 What would you take with you? 86 My talent makes me a... 92 Friends and Others 98 Where does your family come from? 104

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Human Rights 110 Becoming a Refugee 132 How do we know she’s one of us? 146 Xenophobia 158 Myths and Misconceptions 168 Social Activism and creating an advocacy resource 188

BACKGROUND INFORMATION

FET PHASE

SENIOR PHASE • • •

• • • • • •

Responding to Tragedy, Spreading Awareness 206 Freedom of Expression and Hate Speech 216 Xenophobia 224 What Qualifies Someone for Refugee Status? 234 Difference and discrimination 240 The Arrival City 250

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Human Trafficking 266 The organising Principles of human rights 274 Refugees and the law 282

This is a work by Ronnie, a 13-year-old refugee from the Three2Six Education Project for Refugee Children. It expresses, with sharp wit, how he feels about surviving in the foreign city he now calls home. Ronnie created this drawing during a Three2Six holiday programme in 2012, hosted by Sacred Heart College in Observatory, Johannesburg, and facilitated by MindBurst Workshop.

The world is big. Some people are unable to comprehend that simple fact. They want the world on their own terms, its peoples just like them and their friends, its places like the manicured little patch on which they live. But this is a foolish and blind wish. Diversity is not an abnormality but the very reality of our planet. The human world manifests the same reality and will not seek our permission to celebrate itself in the magnificence of its endless varieties. Chinua Achebe (Bates College Commencement Address 27 May 1996)

Artwork by a refugee child form the Three2Six Education Project

Artwork by a refugee child from the Three2Six Education Project

You can call us dogs. You can drive us to the streets. You can beat us. You can refuse us opportunities. But we will stand up and show you who we really are. We donâ&#x20AC;&#x2122;t need your permission to be the best we can be. We want to say to all South Africans. We are here to stay. We come with open hearts. We are willing to learn and willing to work. We love this country and just like you we want to make it a better place for everybody. - An extract from the script to a musical theatre production developed by refugee children between the ages of 6 and 13, participating in the Three2Six Education Project holiday programme in 2014

INTRODUCTION Challenging the way we think and speak about refugees.

According to Filippo Grandi, the United Nations High Commissioner for Refugees (UNHCR), the world is currently facing the highest levels of displacement ever in history, with 65.3 million people (a 2017 estimate) forced from their homes by war, internal conflicts, drought or poor economies. Of these, two thirds are economic migrants and internally displaced persons. About a third (21.3 million) are refugees according to the United Nations definition. Over half of these refugees are under the age of 18. The United Nations 1951 Convention Relating to the Status of Refugees and its 1967 Protocol defines a refugee as a person who: “owing to well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.”

What is a teacher’s responsibility with regards to the topic of refugees? There are few issues that confront us with as many questions about what it means to be human … together. Thinking clearly about refugees takes courage, compassion, critical thinking and a willingness to be open to creative possibilities. This resource is all about how we create the “other” and place them, in our minds, on the margins of society. This “other” confronts us with differences that seem to be so dangerous that we reduce them to a superficial stereotype – based not on any accurate perceptions or livedexperience, but on our own fear, insecurities, defensiveness and guilt. Our sentimental responses are often as bad, especially when they are grown out of a patronising attitude and belief that we do understand, even when we have not really listened enough. The word “refugee” becomes a placeholder for all our irrational assumptions. So many of the gains that we seem to have made with regards to human rights in the last few decades are being challenged all over the world by the responses of various communities to the current refugee crisis.

According to the United Nations, it is developing countries, mostly in Africa, that are taking in a disproportionate number of refugees – currently 80% of the world’s refugee population. Refugees hosted in developing countries put enormous pressure on the resources of those countries, and yet some of them, like Ethiopia and Uganda, continue to show generosity recognising refugees as human beings and fellow Africans in need. This resource is an attempt to add to the tools that are available to teachers for teaching about human rights in general and migrants in particular. While this resource does provide ideas for lesson plans, this is not its primary aim. Its primary aim is to equip teachers with insights that can change the way we all think, speak and act with regards to refugees. Our own Constitution and its Bill of Rights promotes the values of dignity, equality and freedom of all humans, but this is far from a done deal. Violations of human rights on the basis of a person’s perceived race, gender, sexual orientation,

age, disability, belief or place of origin continue, and, in some cases, have increased. How can we enable our learners to engage the world with a genuine curiosity and a willingness to understand the diversity around them? How can we help them to increase the richness of their own lives by encouraging them to be a little more vulnerable and a little more generous in their interactions with people who are different from them? As William Lacy Swing, DirectorGeneral of the International Organization for Migration (IOM), put it:

“To do so will require changing the toxic migration narrative and learning to manage cultural, ethnic and religious diversity.” If you are reading this resource as a teacher you are encouraged not just to look at the lesson ideas for your phase, but also to explore all the lesson ideas as an activity of personal reflection.

Aims What is this for?

The aims of this resource are to: • provide teachers with definitions, facts, insights and ideas that can help them help learners think and speak about refugees and migrants (challenging stereotypes, deconstructing myths, and preventing discrimination); • help teachers and learners reflect on their own actions towards foreigners who have come to South Africa to seek a better life for themselves;

• support teachers who are committed to preventing xenophobia and the violation of the human rights of refugees and migrants; • encourage all teachers to integrate the issues of refugees into all subjects by including refugees in examples, stories and activities, not only in lessons focused on refugees but throughout curricula.

THIS RESOURCE HAS BEEN DESIGNED TO INSPIRE LESSON IDEAS. YOU DO NOT HAVE TO USE IT AS A SCRIPT BUT AS A SET OF EXAMPLES OF THE KINDS OF CONVERSATIONS AND ACTIVITIES THAT CAN BE FACILITATED IN YOUR CLASSROOM. USE THE MATERIAL TO STIMULATE YOUR OWN IDEAS ABOUT HOW TO INTEGRATE AN UNDERSTANDING OF REFUGEE ISSUES IN A RELEVANT WAY FOR YOUR LEARNERS.

The Three2Six Education Project

This resource has been inspired by the experience and work of the Three2Six Education Project.

The Three2Six Education Project for Refugee Children started in 2008 in response to a horrific outbreak of xenophobic violence in South Africa. Methodist minister Paul Verryn, who was doing extensive work among the inner city refugee

community, challenged Sacred Heart College to do something meaningful about the fact that so many refugee children were not in school, and living in constant fear of xenophobic attacks. And so the Three2Six project was born.

Sacred Heart College is a Catholic Marist school. The Three2Six Project is inspired by the mission of its founding saint, St Marcellin Champagnat, who believed that, “to teach children, you must first love them, and love them all equally.” St Marcellin also taught his disciples to give special attention to the poor and neglected. Three2Six is an afternoon bridging school for migrant children between the ages of 6 and 13. The project is named Three2Six because the children make use of the high school’s classrooms from 3 o’clock to 6 o’clock every afternoon. When the Sacred Heart learners are finished with their school day and the classrooms are empty, the Three2Six children can start their lessons. The project focuses on three main areas: English, Maths and Life Skills. The idea is that the children need to be prepared to enter the state schooling system as soon as they are ready, but no later than Grade 7. The children are also given uniforms and a daily meal. During the school holidays, the Three2Six learners participate in a holiday

programme where they explore art, science, computing, sports and other activities that they don’t have time for during their usual hours. The holiday programme was first started in 2010 when it was feared that many of the children might be at an extra risk of child trafficking during the Soccer World Cup. The holiday programme was such a success that it has been repeated every year since. Three2Six is about more than education. It is about allowing children to regain their childhoods, to play, to belong, to dream. It is a story of hope. It is also a story of community – for as much as the Three2Six children and their families gain from the project, so too do the communities where they have found a home: Sacred Heart College, Observatory Girls, and Holy Family Parktown. These schools actively embrace the idea that all human beings are connected to one another and that local communities need to work together to create a better life for all.

They are enriched by the presence of the Three2Six children, and the project is a daily reminder that they are privileged to be part of a wider African community. The three schools engage with the Three2Six children in different ways. At Sacred Heart College, for instance, there are various occasions, such as special Masses, Heritage Day and at some sporting events, when learners from Three2Six and Sacred Heart College come together to share in activities and learn from each other. Access to education for migrant

children is extremely problematic. Even though all children in South Africa are constitutionally entitled to a basic education, this is not being practiced. Migrant children face a multitude of barriers when attempting to access schooling: lack of information on legal requirements, a lack documentation (like report cards and birth certificates from their home country that are inaccessible), financial constraints, structural xenophobia, and discrimination are just a few of the barriers they encounter. Many schools dismiss migrant applicants by withholding information from them. Information sharing among migrant communities thus becomes essential. Studies indicate that high numbers of school-age migrant children remain outside of the school system.

At the time of the writing of this resource, the Three2Six Project is making a difference to 250 migrant children, with about 400 children on the waiting list. The need is far greater than that. Much more needs to be done in terms of changing attitudes, increasing access, and holding the state to account, so that education for all becomes a reality for all children in this country.

HELP UPROOTED CHILDREN TO STAY IN SCHOOL AND STAY HEALTHY Many refugee and migrant children miss out on an education – and many lack access to health care and other essential services. UNICEF calls for increased collective effort by governments, communities and the private sector to provide uprooted children with access to an education and health services, and to shelter, nutrition, water and sanitation. A child’s migration status should never be a barrier to accessing basic services. taken from, A child is a child: Protecting children on the move from violence, abuse and exploitation. New York: United Nations Children’s Fund (UNICEF). Viewed on 5 January: https:// www.unicef.org/publications/index_95956.html

According to a report by UNHCR, only 50 per cent of refugee children worldwide are enrolled in primary school, 22 per cent in secondary, and one per cent in tertiary education. To learn more go to: ‘Starting Out – Why education for refugees matters’ (http://www. unhcr.org/afr/starting-out.html). Also see: ‘Missing Out: Refugee education in crisis’ (http://www.unhcr.org/missing-out-stateof-education-for-the-worlds-refugees.html) and explore a number of UNHCR articles and videos.

MindBurst Workshop

Team members from MindBurst Workshop have helped to author this resource in consultation with the Three2Six Education Project for Refugee Children and Sacred Heart College. MindBurst Workshop has enjoyed the privilege of facilitating holiday programmes for the Three2Six children since

2010. These have included the production of books, stop-frame animations, a musical theatre production and art exhibitions. These holiday programmes teach creative thinking and expose children to rigorous problem solving and design processes. They also instil confidence and open up opportunities for young refugees to tell their stories.

Julie’s story By Bea Roberts

Every Friday afternoon Julie rushes from her school in Germiston to catch a bus into Johannesburg. At Gandhi Square she catches another bus that takes her eastwards through the city to a suburb called Yeoville. From her stop on the corner of Rockey Street and Bezuidenhout Avenue it is a short five-minute walk to her final destination – a school on the hill called Sacred Heart College. Julie’s heart always beats a little faster when she approaches the wrought-iron gates. She waves at Georges, the security guard, who waves back with a warm smile. “Bonjour, Mademoiselle. Comment allez-vous?”

It is exactly 2.30. The children have already arrived. They are spilling out of the bus into the school grounds, chattering like a flock of navy blue birds. Julie hurries over to them and is immediately bombarded with hugs and news and questions. She tries to get the children to line up properly, but it’s a challenging exercise. As they walk down to the orchard to assemble for the beginning of the school day, Julie is fixing collars and straightening jackets. She loves her role of volunteer and ‘big sister’ to the children of the Three2Six Education Project. Not so long ago – two years, in fact – she was one of those children. She understands the difficulties they face, and shares their hopes for a better life. Today Julie has to take the Grade 1s to their classroom. As they walk through the quad past the fishpond, they pass the tuck shop lady, who is

feeding the goldfish. “Hello, my darlings!” she calls out. “I have your favourite meal for you today!” Julie wonders if it is the spaghetti and mince, or the chicken and rice. She hasn’t eaten anything since the little porridge she had at home this morning – there was no money for bread. Her stomach rumbles in anticipation. After she has left the Grade 1s with their teacher she takes a quick walk up to the soccer field where the Sacred Heart boys’ soccer team is playing a match against another school. There are a lot of Sacred Heart learners cheering on their team. Julie recognises some of the kids who volunteered for the Three2Six holiday programme and they exchange friendly greetings. When Sacred Heart scores Julie joins in the cheering. She loves the feeling of being part of the school. How she wishes she could play for the Sacred Heart girls’ soccer team!

The three hours go by far too quickly. Julie gets a lift home on the Sacred Heart bus. As the bus leaves the school she feels a little sad. The weekend won’t be much fun – she knows that there is no food at home and now that she goes to another school her family no longer gets the vegetable packs that Sacred Heart parents send home with the Three2Six children every month. And on Monday she has to make the long journey – two buses and a fifteenminute walk – to her school in Germiston. She glances back at the red brick buildings of Sacred Heart, her heart filled with love and longing.

When Julie first arrived at Three2Six her English wasn’t very good. Her experience as a learner at Three2Six ensured that her English and Math abilities would be of a standard that would get her accepted into a high school. Three2Six also ensured that all the legal documentation she needed to enter a government school in Grade 7 was in order. The story above was inspired by the following quote and other experiences of young people who graduated from the Three2Six Education Project.

â&#x20AC;&#x153;My name is Julie N. I have been at the Three2Six Project for four years before I left the Project to go to Grade 7. The school runs from 3pm to 6pm as always. What a privilege it was for me to meet and have such a caring, loving, courageous and best of all a family. That was what we were called, a family. The teachers and the project coordinator were what a child could never imagine having in their lives.â&#x20AC;?

HOW THE STRANGER CONFRONTS US WITH OURSELVES We avoid engaging and understanding the stranger by reducing them to a category of difference and a stereotype. These are default patterns, that donâ&#x20AC;&#x2122;t take any effort. We have inherited these thinking habits from our culture, economic class,

peer groups, the media, etc. Maybe we have had a negative experience of someone from a different place, culture and beliefs from ours. We then tend to project that experience as an expectation onto all people of similar origins.

While these kinds of generalisations and assumptions may serve to protect us in some way, they become dangerous when they generate irrational prejudice and unjust discrimination. This is especially true when a generalisation is formalised into a category that is used to administrate and legislate. Whether we intend it or not, the existence of these generalisations in our thoughts and speech, and through our interaction with others, can contribute to acts of violence committed by others. To really engage the stranger, with the intent of understanding, takes emotional vulnerability, intellectual effort and a degree of risk. We have to spend energy grappling with it! This sometimes confronts us with aspects of ourselves that we are not usually conscious of. If we are willing to be fully present in these interactions we can become aware of how our assumptions and biases filter and distort our experience. The way we think, speak and act with regards to strangers often reveals more about who we are than who they are.

THE BIRTH OF PREJUDICE

we perceive a difference in another human being we make a leap from our experience of that individual to generalisations about all individuals who share that difference we create a category for that difference and give it a name we allow that category to attract anecdotes and we share narratives that strengthen that category the category produces and reinforces cultural assumptions we internalise those assumptions so that they inform irrational prejudices against an â&#x20AC;&#x153;otherâ&#x20AC;? we act in ways that translate our prejudices into unjust discrimination we determine what differences will matter to the children who trust us and learn from us

HOW WE USE THE TERM â&#x20AC;&#x2DC;REFUGEEâ&#x20AC;&#x2122;

In this resource we use the term refugee to refer to anyone who has left their country because of a well-founded fear of persecution or other threats to their lives (like war, persecution, natural disasters or the inability of their environment to support life).

The legal status of the label “refugee” is something different. Many migrants enter the country. Not all of them are recognised as legitimate asylum seekers. Not all asylum seekers succeed in being given the formal status of a refugee. When we use the word “refugee” we are not referring to the individual who has been granted that status by the state, but to anyone who had to flee their home or cross a border in order to reach safety – any form of forced migration. This could even include internally displaced persons. The policies of many states distinguish between migrants who choose to leave (to seek out better economic opportunities, to join their families or to study) and migrants who are forced to leave their homes. People who are forced to migrate take great risks and are often without protection. Who bears responsibility for their safety and wellbeing?

A NEW DEAL FOR EVERY FORCIBLY DISPLACED CHILD

“Once they have been displaced for six months, a refugee is likely to remain displaced for at least three years, with the average length of displacement now estimated at 17 years – almost an entire childhood. Far too many displaced children face formidable barriers to accessing even the most basic services, including education, protection and healthcare, and in meeting

their day-to-day food or shelter needs. Inequalities based on gender, sexual orientation, disability and ethnicity further exacerbate these barriers. Education is critical for all children, but it is especially urgent for the millions of girls and boys forced to flee their homes in humanitarian crises. For the majority of displaced children, their right to education is a largely unfulfilled promise …

Countries which host refugee children have a moral and legal obligation to ensure children and young people can access their right to an education while displaced. Childrenâ&#x20AC;&#x2122;s right to education is guaranteed under the Convention on the Rights of the Child and in the case of refugees specifically under article 22 of the Convention relating to the Status of Refugees SDG 4 on ensuring inclusive and equitable quality education applies to all children, including displaced children, as reflected in other legal rules and commitments â&#x20AC;Ś Education can provide children affected by humanitarian crises with skills and knowledge and can support them in accessing future learning opportunities. Education also has other benefits; when children have safe spaces to learn and play they are less vulnerable to the increased risks they face during displacement, including violence, sexual exploitation and abuse, child marriage, recruitment into armed groups and child labour. Schools can also provide children with the space they need to access psychological support and regain a sense of normality as well as heal from traumatic events.

â&#x20AC;&#x153;There is compelling evidence that putting education at the centre of humanitarian response can have a catalytic effect on strengthening humanitarian effectiveness, reducing childrenâ&#x20AC;&#x2122;s vulnerabilities and managing risks to their protection and development during crises as well as ensuring their learning is disrupted as little as possible.â&#x20AC;? - taken from A new deal for every forcibly displaced child (2016) London: Save the Children Fund

“EVERY CHILD HAS THE RIGHT TO…” 38

Our Constitution protects the rights of children and young people. It goes further to clearly state that the needs of children should have priority. When the Bill of Rights lists the rights of children it says, “Every child has the right to …” This can be read to mean that it applies to all children in South Africa irrespective of their parents’ nationality and legal status. Section 28 (2) of The Constitution of the Republic of South Africa stresses that: “A child’s best interests are of paramount importance in every matter concerning the child”. This means that choices and actions of adults must always be in the child’s best interests. It is easy to put this on paper. It is far more challenging to make it an everyday reality.

The Children’s Act of 2005, Chapter 2 (6) (2) states that: “All proceedings, actions or decisions in a matter concerning a child must: (a) respect, protect, promote and fulfil the child’s rights set out in the Bill of Rights, the best interests of the child standard set out in section 7 and the rights and principles set out in this Act, subject to any lawful limitation; (b) respect the child’s inherent dignity; (c) treat the child fairly and equitably; (d) protect the child from unfair discrimination on any ground; (e) recognise a child’s need for development and to engage in play and other recreational activities appropriate to the child’s age; and (f) recognise a child’s disability and create an enabling environment to respond to the special needs that the child has.”

A vital part of actualising these ideals is making all children aware of them. Equipping children with an awareness of their rights has been shown to reduce harm, even if it does not eliminate it. Being able to talk about your rights is an empowering step in the process of exploring and developing your potential. This may mean finding safe spaces in which to play and learn, as well as opportunities to talk about your feelings and thoughts without being judged and discriminated against. Being able to talk about your rights is also an important step towards actively participating in the decisions that affect your life, imagining a future, making choices, learning from feedback and seeking justice when necessary. Being able to talk about your rights also puts you in a better position to access the information, knowledge and skills that satisfy your curiosity and develop your natural ability.

GUIDING PRINCIPLES FOR THINKING ABOUT AND SPEAKING ABOUT REFUGEES

What follows are the core messages we are trying to promote. They are the principles on which this resource has been based. They are relevant to all grades and phases.

We have identified six principles:

BREAKING BOUNDARIES BUILDING BRIDGES DIFFERENT IS MORE ONE STRUGGLE MANY VOICES THEIR TODAY EVERYONEâ&#x20AC;&#x2122;S TOMORROW TALK ABOUT IT WORK IT OUT WE ARE ALL MIGRANTS

BREAKING BOUNDARIES BUILDING BRIDGES

What differences do we give significance to? We are all different in so many ways, and yet we tend to categorise people according to specific differences. We then make all sorts of assumptions based on those categories, treating the people who belong to them as stereotypes, justifying our irrational prejudice and unjust discrimination. In the short term it is easier to create divisions and boundaries than to build bridges, because bridges require us to spend energy working things out.

In the long term divisions and the exclusions they support hurt us all. Societies based on principles of inclusion thrive more than those that donâ&#x20AC;&#x2122;t. We can begin by admitting that whether we perceive boundaries or commit to building bridges it is a choice, and not an accurate representation of some natural order. What will it take for us to use our critical, creative and collaborative skills to build bridges and create a society that is socially and economically inclusive? We cannot allow our countryâ&#x20AC;&#x2122;s borders to create the illusion that we can be kept separate from the challenges happening in the rest of Africa and the world. If we cannot perceive that everything is connected we will not be able to face global challenges together.

RECOGNITION OF THE REFUGEE OLYMPIC TEAM

The first-ever Refugee Olympic Team competed at the 2016 Summer Games in Rio de Janeiro. This illustrated the courage and perseverance of refugees but also showed the potential for change in the attitude of the international community. (See: http:// www.unhcr.org/afr/rio-2016refugee-olympic-team.html) When Yiech Pur Biel fled

South Sudan in 2005 he was separated from his family. He was nine years old. Through social media his mother found out that he was going to compete in the Rio Olympics as an athlete running the 800 metres. With the help of UNHCR she managed to re-establish contact. â&#x20AC;&#x153;It was a great thing to speak to my mother after twelve years,â&#x20AC;? he said.

Yasuyoshi Chiba, AFP, Getty Images

Yiech also said, “I have another family too now, one of refugees, 65.3 million of them.” Since the Olympics he has continued to do work as an ambassador for refugees. He said. “I now have a chance to share my story and this has motivated many people. Travelling has given me room to share my story with the world.” Yiech is training hard for Tokyo 2020, where he hopes to break the 800 metres world record held by Kenyan athlete David Rudisha, whom he regards as a role model. “When I met Rudisha in Rio, I told him I will break your record in Tokyo,” he said. “He encouraged me and told me to go ahead and break it.”

“I HAVE ANOTHER FAMILY TOO NOW, ONE OF REFUGEES, 65.3 MILLION OF THEM.” 48

Yiech Pur Biel

http://agenciabrasil.ebc.com.br/rio-2016/foto/2016-07/equipe-olimpica-de-atletas-refugiados-desembarcam-no-rio

DIFFERENCE IS MORE

A refugee is not just another mouth that needs to be fed, or another body competing for our countryâ&#x20AC;&#x2122;s resources. Most refugees bring with them a wealth of personal experiences, valuable cultural capital, diverse knowledge resources and vibrant creativity. Their presence, their languages and their entrepreneurial spirit infuse our culture with new possibilities. The way they rebuild their lives after such devastating experiences and losses provides a model of courageous determination that we can all learn from. These gifts, these migrant imaginations, make us all wealthier, adding to our collective intelligence. Taking their wellbeing seriously is an investment in our future.

“Refugees and migration cannot be disassociated from development, as migration is a source of cultural and social enrichment for hosting countries.” Filipe Jacinto Nyusi, President of Mozambique (at UN Summit for Refugees and Migrants, 19 September 2016)

“Refugees are also often described as a burden for the countries hosting them. They are perceived as a drain on state budgets, a weight on the economy and an unfair competitor for national workers, bringing down wages. However, research looking at the long-term effects of refugees around the world has proved that this view is in many cases wrong. While a large influx

of refugees is likely to have a significant socioeconomic impact in the short term, if given the opportunity, refugees, including young people, tend to make substantial contributions to their new country – expanding consumer markets for local goods, bringing in new skills, generating employment and filling labour market niches.” A new deal for every forcibly displaced child (2016) London: The Save the Children Fund. “Refugees have skills, ideas, hopes and dreams ... They are also tough, resilient and creative, with the energy and drive to shape their own destinies, given the chance.” Filippo Grandi, UN High Commissionerfor Refugees

ONE

STRUGGLE MANY VOICES

Young South Africans who are struggling to survive may be offended by anyone who encourages spending the countryâ&#x20AC;&#x2122;s precious resources on refugees. In their minds, not only is nothing gained, but also, their own future seems stolen from them in the process. If these young people can be convinced that the struggles they face are the product of the same power dynamics that create the struggles of refugees, they may begin to see that they are part of the same struggle

for dignity, equality, freedom and justice. The poverty, unemployment and disempowerment that young South Africans experience are not the result of refugees, but the result of a society that still perpetuates privilege and oppression. By understanding the plight of refugees, their dislocation and the discrimination they face, young South Africans can gain insights into their own struggle â&#x20AC;&#x201C; not because it competes with that of refugees, but because it is based on the same dynamics.

“FOR TO BE FREE IS NOT MERELY TO CAST OFF ONE’S CHAINS, BUT TO LIVE IN A WAY THAT RESPECTS AND ENHANCES THE FREEDOM OF OTHERS.” Nelson Mandela Anti-apartheid revolutionary and first president of a democratic South Aftica

THEIR TODAY EVERYONEâ&#x20AC;&#x2122;S TOMORROW

The real crisis facing us is not a refugee crisis but our unwillingness to be vulnerable to fellow Africans in their hour of need. This invulnerability does not make us strong. It makes us fragile in our rigidity, unable to learn and adapt to change. By responding with violent defensiveness to the idea of the refugee as an invader and usurper, we lose the very thing we are trying to protect â&#x20AC;&#x201C; our own humanity and dignity. The real crisis that will affect us all is a critical lack of compassion and imagination. Xenophobia is a symptom of our collective failure to show dignity to all human beings. Things cannot continue as they are. Whether we like it or not, the future will not be anything like the past. How we treat refugees today will determine the future we all share tomorrow.

“We are the people who have been denied the future, the rights and the dreams we used to imagine. Our dream has become a nightmare … You want us to remit, but what we need is for you to commit — to justice, to development that does not tear families apart and to a future that relies on the strength of its people, not to the continued export and exploitation of labour ... Let’s work for a world without vulnerability, insecurity or invisibility.” Eni Lestary Estari Andayani, Chairperson, International Migrants Alliance at UN Summit for Refugees and Migrants, 19 September 2016

“Support for displaced people is overwhelmingly stuck in the ‘humanitarian’ box, meaning that fulfilling the rights of refugees and other displaced populations such as IDPs are only rarely integrated into national development plans. The inappropriateness of relying on short-term humanitarian financing to support populations in protracted crises has been well documented; reliance on short-term humanitarian aid for these populations undermines their resilience, denies them long-term development opportunities and ultimately increases the likelihood of long-term dependence on humanitarian aid.” A new deal for every forcibly displaced child (2016) London: The Save the Children Fund.

TALK ABOUT IT WORK IT OUT

Just because you cannot see a solution immediately doesnâ&#x20AC;&#x2122;t mean you should give up and resort to default patterns of thinking, speaking and acting. Working it out does take energy, time and attention. The solution may not exist in some ideal form just waiting to be discovered. We may have to grapple and persevere. The solution may be something we need to innovate for the very first time, after considering all the evidence, questioning our assumptions (categories and stereotypes), admitting our fear and ignorance, approaching the challenge from many different points of view, and listening to everyone who has been affected. To do this we donâ&#x20AC;&#x2122;t need debates in which people are trying to win, but conversations in which people are trying to understand. We need find ways to maintain such productive conversations for as long as it is necessary to cocreate the best solutions possible.

“WE ALL BELONG TO SOUTH AFRICA, AND SOUTH AFRICA BELONGS TO US” Oliver Tambo

South African anti-apartheid politician and ANC President

WEMIGRANTS ARE ALL

National borders and immigration control are very recent developments in human history. The history of humans on Earth is a history of migration. Apart from a few very isolated communities, most human populations are made up of people whose ancestors came from elsewhere. It is human nature to dream of a better life and seek out new possibilities. People are not born where they choose to be. What kind of moral intuition insists that people need to stay where they are? Can anyone expect them to stay in their country of origin when it has become for them a killing field or a prison of unimaginable tortures?

“NO ONE LEAVES HOME UNLESS HOME IS THE MOUTH OF A SHARK.” Warsan Shire Teaching My Mother How to Give Birth

INTERMEDIATE

PHASE Lesson Ideas

Intermediate Phase

LESSON ONE

FLEEING HOME 72

This lesson uses a simple story to help learners reflect on the journey that refugees make from their homes into the unknown. Stories are one of the most powerful techniques for helping learners to engage diversity.

Aims • introduce the concept of “refugee” and “refuge” • reflect on the nature of the journeys refugees make • imagine talking to refugees • engage a map of Africa to get a sense of scale

Materials • printout of the story below

PROCESS 74

Step 1: Introduction Who can tell me what we mean when we call someone a refugee? A refugee is someone who has been forced to leave their home and find a safe place somewhere else - perhaps even across a border in another country. What does the word refuge mean? A refuge is a safe place where you are protected from danger. How are the words “refugee” and “refuge” similar? Imagine what it is like to be forced to leave your home and to travel through strange places, facing even more dangers, all in an attempt to find a safe place to live – to find a refuge. What could force you to leave your home? • War • Maybe a lot of people are against you and want to cause you harm because they don’t like the colour of your skin, or your beliefs, or the political party your parents support (This is called “persecution”) • Natural disasters like drought, floods, earthquakes, fires, hurricanes, tsunamis • Maybe the land in your country cannot grow food anymore Let’s read the story of Ayaan and her younger brother Erasto together.

Step 2: Read story together. Step 3: Ask the following questions. How would you feel if you were in the same situation as Ayaan and Erasto? What would you do if you were forced to leave your home country? What do you think was the most difficult part of their journey? An Eritrean couple helped Ayaan and Erasto. Would you help children who have been separated from their families when you yourself are trying to survive? How would you like a country to welcome you? Do you think the way they were treated when they entered South Africa was fair? How are they going to find their uncle? What do you think he will say when he sees them? Have you had any personal experiences with refugees?

Step 4: Group work Now work in groups and discuss: What questions would you ask Ayaan and Erasto if you met them?

Step 5: Look at a map of Africa and try to trace a possible journey that Ayaan and Erasto could have made. Where is Somalia? Where is South Africa? How far is it? What countries do you have to go through to get to South Africa? Does anyone know anything about those countries? Where do you think Ayaan and Erasto entered South Africa? Where is Pretoria? How will they get there? The story that you can copy as a hand-out for reading in class is found on the following pages.

FLEEING

HOME 78

Ayaan and her younger brother Erasto have been traveling with their parents for five days. They have had almost no food and very little water. There is a war in their home country, Somalia. They had to flee their home and had very little time to plan what to take with them. Ayaan couldnâ&#x20AC;&#x2122;t believe what was happening to them. In between her tears she said, â&#x20AC;&#x153;We had a home and a garden and nice things. I had my clothes and my toys and my books. And now we have nothing. How can this happen to us?â&#x20AC;?

“We are alive,” her father said. “That is not nothing.” They came to a village near the border between Somalia and Kenya. This was where their Aunt Bishaaro lived. Ayaan’s mother said, “We need to find your aunt and get some food. It may not be safe, so stay here under this tree. Ayaan, look after your brother. We’ll be back soon.”

Ayaan turned to Erasto and said, “We have to cross the border. It will be safer there. Then we can wait for mama and papa.” There were many people trying to cross the border. Some were carrying bags and suitcases. Some just had huge bundles of things wrapped up in a cloth. After crossing the border

at night and in secret, they waited. Ayaan and Erasto had no money, no food, no water. They tried asking some of the other people for help. No one agreed to help them. Everyone looked scared and confused. People said things like, “Go away! Can’t you see I have my own family to look after?”

After waiting for two days, Ayaan said, “They are not coming. We can’t stay here.” Erasto asked, “Where are we going?” Ayaan tried to comfort him. “Remember Uncle Nadifa? He went to South Africa. It took him a long time, but he made it. He works at a hotel in Johannesburg. I will recognise the name of the hotel if I see it. Maybe we can try to find him?” It is not easy to walk when you have not

eaten any food. Erasto started walking slower and slower. He felt so tired and so lost. Then he saw a hand offering him some bread. He looked up and saw a kind face. It belonged to a man called Tesfay. He, and his wife and child, were from Eritrea. After eating some bread and drinking some water Ayaan explained what they were trying to do. Tesfay said, “You can come with us. We are also going to South Africa. We will be safer together.”

They walked and walked and walked.

They had to find secret ways to cross borders.

They were so hungry and so thirsty in the blazing heat.

They had to swim across dangerous rivers with crocodiles and hippos.

They walked and walked and walked.

They had to run from other wild animals. They had to hide from soldiers.

Every now and then, someone gave them a short lift in the back of their truck, or in a cattle trailer filled with other travellers from all over Africa.

Finally, they made it to the border between Mozambique and South Africa. Tesfay said, “We want to be properly registered. We cannot cross in secret. They will give us a permit that will allow us into the country. Then it will take some time for them to decide if they will accept us as refugees.” At the border post a scary officer asked Ayaan, “Are you an asylum seeker?” She didn’t know what to answer. Tesfay tried to help her. The officer said, “Is this your daughter?” It was all very confusing.

After lots of questions, Ayaan and her brother were told that they had to report to a Refugee Reception Office in Pretoria within 14 days. Erasto started crying. “I don’t feel safe,” he said. “I miss mama and papa. How will they find us?” Ayaan and Erasto did not know what had happened to their parents. They did not know if they would find their uncle. They did not know if they would be allowed to stay in South Africa. Ayaan said, “My name means lucky. Your name Erasto, means peace. We’ll be OK.”

OTHER THINGS TO TRY 1. Watch ‘Precieuse – a refugee’s story’ (https:// www.youtube.com/ watch?v=ScJetmtVQek&t=56s) and ‘a precious life in a scary world’ (https:// www.youtube.com/ watch?v=zSUFzx9fJTE&t=6s). Refugee children from the Three2Six Education Project created these stop frame animation projects.

2. Try and find refugee stories that your learners will find interesting. Here are some suggestions: Grades 1 -3 Frog and the Stranger (1993) by Max Velthuis Out (2016) by Angela May George Refugees and Migrants (2016) by Ceri Roberts Dreams of Freedom (2015) by Amnesty International Grades 4 - 6 Ziba came on a boat (2007) by Liz Lofthouse The Unforgettable Coat (2011) by Frank Cottrell Boyce King of the Sky (2017) by Nicola Davies & Laura Carlin The Journey (2016) by Francesca Sanna The Bone Sparrow (2016) by Zana Frailon Azzi in Between (2013) Sarah Garlands Story Like the Wind (2017) by Gill Lewis

Intermediate Phase

LESSON TWO

WHAT WOULD YOU TAKE WITH YOU? 86

Aims • to help learners put themselves in the role of someone who has been forcibly displaced, in order to develop a capacity for empathy • practice problem solving skills • make choices by selecting from options and making necessary sacrifices • critically assess the usefulness of objects in different contexts • innovate diverse uses of an object

Materials • printout of the page of images below

Step 1: Naming my favourite things What are your most favourite possessions? What do you use them for? How would things change if you no longer had them?

Step 2: What will I choose to take with me if I have to flee? Remind me of some of the things that could force you to leave your home. Imagine you are forced to leave your home. What would you take with you? Share the page of items (below) with learners. Look at the items in this image. Choose five items you would take with you if you were forced to leave your home.

Step 3: Group Work Now work in your groups. Share with each other what you have decided to take with you and why. What uses does each item have? Which items would have helped Ayaan and Erasto on their journey?

This question only works if you have read the story from the previous lesson. Did you choose items that remind you of home? Would these items make you feel better on your journey? Which of your items would help you to get food? Which of your items would help you to store food? Which of your items would help you to protect yourself against wild animals? If you had to lose one of your five items what would you prefer it to be? If you could only take three items what would they be? Now give learners an opportunity to share the four items they are each left with. Which item was chosen the most by the class? Did everyone give the same reasons for choosing it? Seeing what your group members chose, would you change your own choice and how? Imagine your whole class travelled together, each with their four items. Would you be fully prepared for the journey? Were there some useful items that nobody chose? Is it helpful to have more than one of certain items?

WHAT WOULD YOU TAKE WITH YOU?

INTERMEDIATE PHASE Lesson: 2 | What would you take with you? Other things to try 1. The learners could bring examples of the four most important items they chose during the exercise. If possible, learners can even construct a suitcase with items they would chose and then present it to the class, explaining their choices. The learners make drawings/ paintings of themselves using each of their four most important chosen items. 2. Watch â&#x20AC;&#x2DC;What Would You Take?â&#x20AC;&#x2122; a film by UNHCR (UN High Commissioner for Refugees) https://www.youtube.com/ watch?v=JSeS4iF6yEU. This is probably more suitable for Senior Phase and FET.

Intermediate Phase

LESSON THREE

MY TALENT MAKES ME A... 92

In violent conflicts people are often compared to animals in order to remove their humanity and justify acts of violence. In this lesson we want to turn this practice on its head by allowing learners to identify their character traits they are proud of and to link those traits to animals that represent them. In traditional African communities people are proud of their animal totems. This is also a lesson about the value of diversity in collaboration and facing challenges that require collective intelligence.

Aims • identify talents (character traits) • think about what character traits help you to deal with extreme challenges • think about the skills refugee children need to make their journey and thrive in a country that is foreign to them • represent character traits with metaphors • understand the uses and the dangers of personification • appreciate the value of combining diverse character traits through collaboration

Materials • • • •

printout of the list of talents printout of the image of young people in T-shirts paper drawing materials

PROCESS 94

Step 1: What are talents? Can anyone tell me what talents are? They are our strengths, the things we are good at. They are what some people call gifts, because they are so valuable. Others call them character traits.

Step 2: What are your talents? Look at the list and decide on one talent you are going to choose to describe yourself today. You may have many talents, but which talent would you choose to describe yourself today?

Step 3: What animal would you choose to represent your talent? Show the learners the image of the three children wearing T-shirts.

Step 4: How would these talents help you if you were a refugee fleeing your country? Think back to the story of Ayaan and Erasto. What talents could have helped them? How would the talent you have chosen help you if you were a refugee fleeing your country?

Step 5: Draw your animal and talent as if you were designing a T-shirt Give all learners time to design their T-shirt. You may choose to give them paper that has already been cut out in the shape of a T-shirt.

Step 6: Look at the other animals around you Look at the other animals around you. If all the animals were the same in your group you would be limited to one talent. If you had different animals working together, you could add many different talents and create a powerful team. You can copy and share the hand-outs of the list of talents and the image of young people in their T-shirts on the following pages.

A LIST OF TALENTS fierce honest funny fast friendly clever loving helpful brave prepared patient confident hard-working fearless reliable

helpful generous sensitive tough creative caring sharp wise kind observant You can also think of a talent that is not on the list.

Intermediate Phase

LESSON FOUR

FRIENDS AND OTHERS

Aims • opportunity to engage with the concept of friendship, and define criteria for what makes good friends • put themselves in the shoes of a refugee who needs a friend

Materials • worksheet on ‘Finish The Sentence’

PROCESS 100

Step 1: Warming Up Now we are going to share ideas on all our favourite things to do with friends. Find anyone in the room and tell them one of your favourite things you do with friends. Share with as many different people as you can. Let learners move around and share ideas. So who liked doing the same kind of thing? Can you only be friends if you like doing the same kind of thing?

Step 2: Finish The Sentences Have you ever thought about what makes someone your friend? Why do you think you’re friends with some people and not others? What is it that makes you get along? Read the sentences on the worksheet and fill in the blank spaces. Hand out the ‘Finish The Sentences’ worksheet. Allow learners to complete the exercise. Then let them compare their answers with their neighbour. OK. What did some of you put for: “A friend is someone who shares …” Go through the rest of the unfinished sentences in a similar way.

Do you think it is possible to agree on rules for what makes a good friend? Is it similar interests? Is it because they always stand up for you? Is it that you have shared some painful or exciting experience together? Is it harder if you speak different languages? Is it more difficult if you come from different cultures? Would you say that different people want different things in friends, or do you think we all understand friendship in a similar way? Let’s try and come up with a list of ideas for rules that friends can agree to. Put list on the board. What is the difference between being a friend and being friendly? When should we be friendly to people who aren’t our friends? What does it mean to show each other respect? Even though you can’t be friends with everyone, is there a way that you can be friendly to everyone you meet? Can you think of an experience when you were not respected? How did it make you feel? What happened next? Can you imagine what it is like being a refugee in a strange country with no friends? What kind of friend would you look for?

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Finish The Sentences Think about your friends. What do you like about them? Now finish the following sentences.

FILL IN THE MISSING BLANKS. A friend is someone who shares …

A friend is someone who says …

A friend is someone who wants to …

A friend is someone who always …

A friend is someone who never …

You are not my friend when you always …

You are not my friend when you say …

You are not my friend when you want me to …

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Intermediate Phase

LESSON FIVE

WHERE DOES YOUR FAMILY COME FROM?

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In this lesson we will get learners to reflect on their family origins and how this affects their identity. They will explore some aspects of their identity and how identities affect relationships.

Aims • explore the idea of multiple identities • consider what happens when we limit our experience and understanding on anyone to one identity

Materials • small squares of paper (10 per learner) • Prestick • wall space to put up the squares

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PROCESS 106

Step 1: Where Does Your Family Come From? Where does your family come from? Have you visited these places? How long ago did your family move to where they are now? Do you have stories about the place your family comes from? Do you think about your familyâ&#x20AC;&#x2122;s origins a lot? What would it be like if you didnâ&#x20AC;&#x2122;t know anything about your family history?

Step 2: Identities Where your family comes from is one of your identities, but you have many other identities. Write down where your family comes from on a square. We are now going to explore some of your other identities. Your identities are all things about you that are important to you. People can have many identities. Read the following out very slowly, so learners have time to absorb the complexity of multiple identities.

My friend Prashant says his identities are: Indian, tennisplayer, hip-hop fan, Hindu, vegetarian, South African, bookworm, father, son, and taxidriver.

What if someone else chose for you and you were no longer allowed to be any of the other identities?

My Friend Tsholophelo says that her identities are: African, South African, chocoholic, woman, Tswana, Mofokeng, lesbian, Christian, nurse, blogger and swimmer.

Do we sometimes look at someone and only see one identity?

Now you are going to list some of your identities.

What does that feel like?

Try write down at least ten identities. Write each one on a separate piece of paper. You all have more than ten, but we are going to write down ten. Hand out 10 blank squares of paper for learners to write identities on. How would you feel if you were forced to give up all your identities except one? Which one would you choose?

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Allow discussion.

Is that like choosing one identity for them?

Collect the squares of paper. Put the squares up on the wall, but avoid duplications. What will be on the wall is a summary of the identities the class feels is important to them. The object of the exercise is not to create groups, but to show diversity.

SENIOR PHASE Lesson Ideas

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Senior Phase

LESSON ONE

HUMAN RIGHTS

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END THE DETENTION OF REFUGEE AND MIGRANT CHILDREN BY CREATING PRACTICAL ALTERNATIVES Detention is harmful to children’s health and wellbeing – and can undermine their development. UNICEF calls for practical alternatives to detention for all children. Unaccompanied and separated children should be placed in foster care, supervised independent living, or other family- or community-based living arrangements. Children should not be detained in adult facilities

Detention is never in the best interests of the child, as the Committee on the Right of the Child and a growing body of jurisprudence have confirmed. Evidence from around the world, compiled in a 2012 report, has shown that, even if there is an attempt to tailor the conditions of detention to children’s needs, detention harms children – with serious consequences for their physical and psychological development. Taken from: A child is a child: Protecting children on the move from violence, abuse and exploitation (2017). New York: United Nations Children’s Fund (UNICEF). Viewed on 5 January: https://www.unicef. org/publications/index_95956.html

Aims • to apply the principles behind human rights to a specific context (see the story below) • grapple with an ethical dilemma • model democratic process in the classroom

Materials • printout of stories • printout of a summary of the Bill of Rights

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PROCESS 112

Step 1: Preparing to read Story 1 We are now going to read a story about a young refugee, Paul, and a policeman. What do you think is going to happen in the story? Engage the learners’ prior knowledge about human rights, child safety and the role of the police.

Step 2: Read Story 1 Allow learners to read story. You could give different learners turns to read the story to the class.

Step 3: Ask questions about Story 1 In the story, Paul says: “Okay, I need help, I was thinking.” What do you think he was feeling in that moment? What do you think was going through his mind? What do you think he was expecting? What was happening at the time that made him feel like he needed external help? What do you think motivated the policeman to arrest Paul, who was only a child? For what reason do you think he found it necessary to hold him in the cell for a while? What would you have done in the boy’s situation? Do you think he handled the situation well? What would you have done differently?

Step 4: Do refugees have rights?

Refugees do have rights. Like all human beings they have human rights.

Do refugees have rights?

Although they may not be citizens, the Constitution of South Africa gives refugees the same rights as everyone else, except the right to vote and the right to form a political party.

What are human rights?

[Allow discussion before giving a summary.] You can think of your human rights as the freedom to explore, discover, develop and express your potential. When someone prevents you from exploring, discovering, developing and expressing your potential, they are violating your human rights. In other words, they are putting obstacles in your way to prevent you from learning and growing and being what you want to be. People are very rarely given these rights – most often they have to fight for them. Human rights were designed to prevent people from abusing power. The idea of human rights reminds us that people in power should not be allowed to create positions of privilege for some and oppress others on the basis of their gender; race; sexual orientation; age; disability; language; place of origin; religious, philosophical or political ideas; or their wealth. All human beings deserve access to equal opportunities in life. Do refugees have rights? Allow discussion before explaining.

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This information is based on the situation at the beginning of 2018.

Give hand-out on the Bill of Rights. Look at some of the rights that are listed in our Bill of Rights. How can we use the idea of human rights to help us think about what happened in this story? In the story, Paul says: “He is a policeman, and he has to take people as people.” What do you think Paul means when he says that? Express what you think might have needed to change in the story for Paul to feel that he was being treated as “people”. Consider this statement and how it sounds similar to definitions of Ubuntu/Botho/Hunhu. ‘Umuntu ngumuntu ngabantu’ Do you see a connection? Discuss whether you believe Ubuntu is related to human rights, and whether Ubuntu is used to protect individuals or communities?

Step 5: Ask more questions about the story Look at the Bill of Rights and decide which of the refugee childâ&#x20AC;&#x2122;s rights were violated Think about a few other situations in which a policeman/policewoman could use their position of power to impact on your human rights, according to the Bill of Rights. Do you believe police should be allowed to have this power over individuals? What are some ways in which we could ensure that civilians are protected from these kinds of abuses? Following on from the previous question, some countries make a differentiation between having a police force and police service. Consider what the differences might be between a police force and a police service. Discuss how making the shift from a force to a service may impact the ways in which police view the public, tactics employed, attitudes at road blocks, refusing bribes, help at public events, always ready to assist, etc.

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Step 6: Story 2 [Now read Story 2.] How is Story 2 different? Identify the differences between the policeman in the first story and the policeman in the second story. Not all policemen and policewomen are like the malicious policeman in Story 1. We must take care not to create a stereotype of all policemen as untrustworthy. What do you believe motivated the policeman in the second story to help Ephraim? Make a list of things, according to the story, that made it difficult for Ephraim to solve his problem. Consider his age, the language barrier, the current attitude towards refugees at the time, etc. If you were in the policeman’s position, how far do you think you would have been willing to go to help this child? What kind of motivation would you need in order to go over and above the “call of duty” and help a suffering individual?

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How do you think Ephraim’s father was contacted? Create an effective strategy for contacting people that wouldn’t be listed on government resources. If you were in Ephraim’s situation, without any access to a cell phone or direct contact methods, how would you get hold of your parents? And what are the ways in which your strategy differed from Ephraim and Sam’s? Policeman or not, many individuals wouldn’t take it upon themselves to invest time, energy, and money in ensuring the protection of a helpless refugee child. We are experiencing a global refugee crisis, and it’s easy to feel overwhelmed by it. Many people already feel they are in a crisis in their own life and do not want to deal with anyone else’s crisis. We can choose to remain uninvolved, or we can choose to pay attention to what is happening around us – and reach out through small acts of kindness or by getting even more involved.

You can copy and share the hand-outs of the stories and the Bill of Rights on the following pages. The summary of the Bill of Rights was adapted from fundza.mobi: Viewed on 9 October 2017: https://live.fundza. mobi/home/library/advice/its-your-righthandbook/summary-of-the-bill-of-rights/

The sections that were not included in the summary of the Bill of Rights are: • Section 36 Limitation of rights, which offers reasonable grounds for limiting rights; • Section 37 States of emergency, which allows the government to declare a state of emergency when the life of the nation is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency; and when such a declaration is necessary to restore peace and order; • Section 38 Enforcement of rights, which protects access to the courts for someone whose rights have been infringed or threatened; • Section 39 Interpretation of Bill of Rights, which places the values of dignity, equality and freedom at the centre of all interpretations.

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Upside down world

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Story One

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I was coming here to the art without expecting nothing on my way. I didn’t expect nothing even though I see police behind me. I knew I had papers and stuff so no one can arrest me, and I wasn’t even really worried. Then they came and ask me about my papers, asking me, ‘Where is your papers?’ I took out the photocopy that I usually use – it has a stamp on it from Hillbrow Police Station. So the strange thing was, they read the paper and say, ‘Where is your original?’ And I said, ‘I do have an original but it is at home, so I have a copy that have a stamp to prove it is not fake, not artificial.’ Then he check out the paper, and said, ‘This is not allowed. You must come to the car.’ At the police station I try again to explain and the policeman say, ‘I am going to slap you!’

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Okay, I need help, I was thinking. I thought, ‘No one knows where I am.’ I think, If I didn’t get help, something will happen to me. I did not have any phone number in my head. I found a paper and it had Alistair’s number, and I was so happy because I had someone to phone. I called Alistair, and he said, ‘Can I speak to policeman?’ And he was rude to Alistair, he couldn’t just be nice to Alistair. I was thinking, something need to be done here. He is policeman, and he has to take people as people. He mustn’t think he is on top of everyone. Then Alistair asked, ‘What did the boy do?’ And he say, ‘He has got photocopy paper.’ And then after he dropped the phone on Alistair. Alistair called Jacques who came to get me out. When he got there they said I was out, but I was still in there. So he left me there. Maybe at 5 o’ clock they came and called me and said you can go. I didn’t know how can they let me go just like that. They didn’t tell me nothing. This story was taken from: Clacherty G & Welvering D (2006) The Suitcase Stories – Refugee children reclaim their identities. Cape Town: Double Storey Books.

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HUMAN RIGHTS GIVE EVERY INDIVIDUAL THE FREEDOM TO EXPLORE, DISCOVER, DEVELOP AND EXPRESS HER OR HIS POTENTIAL.

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BILL OF RIGHTS

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Section 9, Equality: All people are equal and must be treated equally. You cannot be discriminated against. But affirmative action and fair discrimination are allowed. Section 10, Human dignity: The government must respect the dignity of all people. People must respect the dignity of each other. Section 11, Life: Everyone has the right to life. Noone can be sentenced to death by the courts. Section 12, Freedom and security: No-one can be put in prison without good reason. No-one can be held in jail without a court trial. No-one can be tortured. Everyone has the right to be free from all forms of violence. Domestic violence is not allowed. Section 13, Slavery, servitude and forced labour: No-one can be forced to work for someone else. Everyone has the right to choose who to work for, and what work you do. Everyone must be paid for their work.

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Section 14, Personal privacy: No-one can be searched or have their home or possessions searched. The government cannot take anyone’s things, open people’s mail or listen to their phone calls. Section 15, Freedom of religion, belief and opinion: Everyone can believe in whatever they want and can follow the religion of their choice. This includes not believing in any god. Section 16, Freedom of expression: Everyone, including the press, may write, say or print photographs or show film of whatever they want, as long as they do not break the law. But no-one is allowed to encourage violence and cause harm with “hate speech” such as racist or sexist language. Section 17, Assembly, demonstration, picket and petition: All people are free to organise and take part in public meetings and demonstrations and to present petitions, as long as it is done peacefully.

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Section 18, Freedom of association: Everyone can associate with, meet with or be friends with whomever they like. Section 19, Political rights: All citizens of South Africa can start or join a political party and vote in secret if they are over 18 years old. They can also put themselves forward for election in a municipality, or for national government. Section 20, Citizenship: Once you have South African citizenship it can never be taken away from you. Section 21, Freedom of movement and residence: Anyone can go or live anywhere they want in South Africa. All citizens can leave the country and come back again at any time. Section 22, Freedom of trade, occupation and profession: Everyone has the right to do whatever work they want so long as it is legal and they have the skills, experience or qualification needed for the job.

Section 23, Labour relations: Everyone has the right to be treated fairly at work. Anyone can join a workersâ&#x20AC;&#x2122; union and go on strike. Section 24, Environment: All people have the right to a healthy environment. Section 25, Property: Everyone has the right to own and sell property. The only time your property can be taken away from you by the government is if they are going to use it for a public purpose, such as building a dam or railway line. If this happens, the property owner must be paid a fair price for it. Section 26, Housing: No-one can stop you from getting a house, but the government does not have to give everyone a house. Rather, government must make sure people get access to proper housing. If you have a house the government cannot take your house away from you. You cannot be evicted from your home if you own it.

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Section 27, Healthcare, food, water and social security: Some people cannot support themselves and their dependants. The government must do things to make sure that those people can get access to healthcare services, food and water, and financial help (social grants). Section 28, Children: Children under the age of 18 have special rights, which should be prioritised. All children have the right to parental care, shelter and healthy food. Children may not be neglected or abused, or forced to work. They have the right to get legal help if they are charged with a crime. Section 29, Education: Everyone has the right to a basic education, including adult basic education, in their own language (if this is possible).

Section 30, Language and culture: Everyone can use the language and follow the culture or the religion that they choose. (This includes the right to not follow any religion.) But all people must respect everyone elseâ&#x20AC;&#x2122;s human rights when they do so. Section 31, Cultural, religious and linguistic communities: Communities can enjoy their own culture; practice their own religion; and use their own language. Section 32, Access to information: People have the right to get all information the government and anyone else has, if they need that information to protect their rights.

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Section 33, Just administration: Actions taken by the government or government departments must be legal and in line with South African law and justice system. Section 34, Access to courts: You can have a legal problem decided by a court. The government must provide you with a lawyer if you cannot afford one. Section 35, Arrested, detained and accused persons: If you are arrested, you have the right to a lawyer and visits from family members. You may not be kept in jail without good reason. You must be kept in proper living conditions and may not be forced to speak or to make a confession.

Story TWO After the xenophobic violence that erupted in South Africa in 2008, many individuals seeking safety in Johannesburg found themselves separated from their families and caregivers. Ephraim did not expect his day to turn out like this. He was buying bananas from a friendly hawker on the side of the road. Suddenly an angry crowd approached, shouting at the hawkers, accusing them of stealing South African jobs. The hawkers picked up whatever they could and ran. It took Ephraim a few seconds before he realised that he was in danger because he too was a refugee. He had to flee his home in DRC. And now, in a place where he had thought he would be safe, he had to flee a mob. He ran to the room that he

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and his father were sharing with another refugee family. The door was open. No one was there and all the possessions that had been stored there were gone. His English was not very good. He spoke French and Kingwana, a kind of Swahili. He became afraid to ask anyone anything as his accent might reveal that he was a refugee. He was trembling, but he tried to slow down, look normal, and pretend that his body wasnâ&#x20AC;&#x2122;t about to collapse out of fear. He saw a police station and wondered if he would at least be safe there. His father had warned him to stay out of the way of policemen, but without any clues on what else to do, he stood helpless on the doorstep of the Yeoville police station.

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A police officer saw him there and asked him if he could help. He just broke into tears. When he tried to explain what had happened, the policeman heard his accent and said, “You are not from here, are you?” He was suddenly gripped by terror. He thought he was going to be trapped here. Then the policeman said, “OK … let’s first get you something to eat and then we can work out what to do with you.” He had a kind face and was not angry. “My name is Officer Mlhangu,” the policeman said, “but you can call me Sam.” They walked together to the shops. The feeling of being protected felt strange to Ephraim. Sam bought him a hamburger and a soft drink. While they were eating Sam said, “You know if you are in a strange place with a group of people you should always agree on a meeting place that you will go to if something happens to separate you.” Ephraim didn’t understand what

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he was saying at first, but Sam spoke more slowly and drew pictures on a paper serviette to try and explain what he was trying to say. His drawings were funny and they both laughed. Ephraim added some French words to the drawings. Sam tried to say them. They laughed some more. When they had finished eating, Sam said, “It is getting dark, I should hand you over to Child Protection Services, but I think we can at least try to find your father first.” They walked around the centre of Yeoville for a while, to see if Ephraim could spot his father. After some time they went back to the station. Sam went online and searched for organisations that helped refugees. He learnt about the Three2Six Education Project nearby in Observatory hosted by a school called Sacred Heart College. He showed Ephraim the website information and made it clear that they would go there the following day.

Not wanting to put Ephraim in the holding cell at the station, Sam decided to let Ephraim sleep on his couch that night. Throughout the night, Ephraimâ&#x20AC;&#x2122;s mind was full of torturous thoughts. What if something bad had happened to his father? Soldiers had killed his mother when they were crossing a border. Ephraim kept seeing all the tragedies experienced on their journey to South Africa. It was a restless, sleepless night. The next day, after a small breakfast of oats, they drove in the police car to Sacred Heart College. Sam explained the story to the security guards at the gate. They were led to the Three2Six office, where Ephraim found refugee teachers who could speak French. No more than a few hours later, by using their connections with the refugee community, they were able to contact Ephraimâ&#x20AC;&#x2122;s father. When they were reunited, Ephraim went back with his father to the police station to thank Sam the policeman who had helped them.

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Senior Phase

LESSON TWO

BECOMING A REFUGEE

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Aims • understand that anyone can become a refugee • understand that refugees are displaced by issues outside of their control

Materials • sheet with ‘My Dad Gave Me My Name’ story • Abdalla Omari images

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PROCESS 134

Step 1: My Dad gave me my name Give learners the story ‘My Dad Gave Me My Name.’ Choose a volunteer (or more than one) to read the story to the class. Did the family have any option other than trying to leave Rwanda? Is it surprising that a wealthy businessman’s family was forced to flee? What types of situations can money not buy you out of? After such a traumatic journey, what do you think could help the speaker to heal from this trauma and live a satisfying life?

Step 2: Anyone can become a refugee Abdalla al Omari is a Syrian refugee. He is a painter and film-maker who started this line of work at the start of the Syrian conflict in 2011. Here are some of his works on the theme of refugees. Give learners samples of Abdalla al Omari paintings to discuss.

Step 3: Putting yourself in a refugeeâ&#x20AC;&#x2122;s shoes Imagine that you are a citizen in a future civilisation. You are well-off and have had a stable life. Discuss: What could bring about the collapse of this society and force you to become a refugee? Give as many answers as possible. Could you have prevented or stopped any of these things? What essentials would you take with you? What will you have to leave behind? What kind of a country would you try to flee to? What would you expect another country that is not in crisis to offer you? The hand-outs that can be printed for this lesson are found on the following pages.

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SENIOR PHASE Lesson: Becoming a refugee Other things to try: 1. CNN (2017) Artist turns Trump into a refugee - CNN Video. Viewed on 21 November 2017: http://edition.cnn. com/videos/arts/2017/06/13/ trump-and-world-leaders-asrefugees-mxb-lon-orig.cnn. 2. Tell the story of Farhad Nouri: https://www.nytimes. com/2017/08/19/world/ europe/afghan-refugee-artistserbia.html

Donald by Abdalla al Omari

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The Mediterranean by Abdalla al Omari

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My Dad Gave Me My Name (The child who told this story took a long time to be comfortable to share it.)

My dad gave me my name. My dad was a businessman in Rwanda and Burundi. That’s why he couldn’t ever be free. In my country they don’t like businessmans who are rich. We used to move a lot. There were always problems, wherever we lived. I do remember one time. My uncle was at home, and me and my mum and sisters. I remember that day. My mom cooked a rabbit. It was about 7 o’ clock. We were sitting in the lounge, talking and sitting, making some fun. I was so young. And my sisters – I am from a family of seven children, I’m fifth. Mama was teaching us some stuff, games – how to carry your friend on the back, how to jump over each other. So, we’re having a nice, great time.

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There was my mom and my two uncles, and all of us, and other visitors. Then these men came and wanted to take everything from our house. We knew they had come to rob, because my dada was a big businessman and they did not like him, and they wanted to kill him. They told us they wanted my dad. Luckily my dad had just left. They said, ‘If your father is not here, then we want everything in the house.’ My uncle was a soldier and he said no. So they began to fight. Can you imagine us with our hands fighting the machete? I ran inside screaming. They said, ‘Why you screaming?’ They took my shirt, they want to cut me in half. Then my uncle he took his hand, on top of me. They chopped his hand in the middle. When I remember that, I get so sick. They wanted to cut my face in half. My uncle saved my life. I don’t know how I was going to look if they should cut off my face. They wanted to kill me – chop two times – and that was very frightening. I still remember it. I still see it.

We called the police. Then we heard the police and the people ran away. All the house was full of blood. I don’t know how they survived, just made it. Others were all hurt, except my mom and my little brother, also me. My dad had saved us. He was on his way home and the neighbours had said, ‘Please, don’t go there, lots of trouble, screaming.’ So dad call the police. The thieves said, ‘We will be back.’ All were injured. My dad decided to drop the business and do nothing. Things were getting serious. He left everything. We moved just nearby, not at the same place. We got to live in a small house in Kigali. People must see us as themselves – we did not want to be different. They said they would be back. One day they came back. I don’t know how did they know where we had moved. And they sent people in the middle of the night. They wanted a large amount of money. My dad said, ‘Sorry, I can’t get all that.’ They say, ‘Okay, then

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say goodbye to your life.’ But my dad was prepared. He had put the money in the house. We thought our dad was going to be killed. But he gave them money. Then they said, ‘You know what, old man, we were here to kill you but you were ready for us.’ I was in the house screaming. I was then about nine. So my father was saved. But in the war, my mum was killed. We were living in Rwanda by this time, in 1994. I was ten. What happened was, my dad had a sickness called a heart attack. If he do movement, he get so terrible. And any time he could die. My dad said, ‘War now is coming. People are dying anytime, anywhere. So guys, how about this? Leave me alone, because I don’t have that long way to go.’ He wasn’t that old, maybe about fifty years. ‘I’m okay,’ he say, ‘but I don’t think I’m going to make it. My heart pressure. I’m going to die on the way. Leave me alone.’ And he gave us money to make our way to Burundi.

Then my mom said, ‘We never can leave you.’ My mama’s friend said, ‘Your husband mean so, you have to do what he say.’ So she agreed. We took organised transport. It was in the war. People were getting killed with knives. All of them. The cars were a lot on the way to Burundi. My mom says, ‘Drop the car, let’s just walk, because we can’t make it in the car.’ We walked. And then there was shooting. In front it was me and my mom. My sisters were lost by now, just me and my mum and little brother. Then they shoot her in the intestines. I just stayed with her, with my brother. Many people were walking past. Then her friend came and take her away and put her in a car. I said, ‘Okay, if this is happening, I’m going back to Rwanda to tell my dad.’ So I took my brother and I walked back the other way. All the people were coming this way and we were walking the other way. I was so young. All I could think was to go and report this to

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my dad. It was in the war. He couldn’t do nothing, it was very far from home, but I was walking to tell him. On my way back, I met with this uncle. He said, ‘What are you doing? All the people walk one way, you’re the only one person going back. All the people are going out of there, what’s your problem?’ I said my mom is dead. He said, ‘Okay, don’t worry.’ He put my brother on his back and we went across the border. We heard that my mom was dead. We sent a message to my dad. He said, ‘I’m going to try my best to come and see you guys. I can’t leave you alone like that.’ He just arrived and say, ‘We got to move out of here. We got to move again.’ We walked. My dad was sick. He walk slower, slower. We would walk two metres, sit down, drink cold water. About three days of us walking. This one lady came. She never even knew us but she said, ‘This father have

a serious problem. Can we help your children? You will meet them if God want to.’ Dad said we can’t. ‘We must die together. Must stay together.’ She say, ‘Don’t think you’re going to make it. You have a sickness. I don’t think you can escape with children and all of you make it. How about we take your children? You are left here.’ He say, ‘No ways.’ The lady went. She gave him a water to drink. We had no water. We came to a house and we stayed there. That is where they come and take him away, my dad. My dad said, ‘If you see them calling me, don’t cry. Pretend you are not my child. You just walk away and save your small brother.’ They came at 6 o’ clock. We were listening to the news. They come. They put him in a truck. Just take him. I had no idea what’s happened. That’s the last time I saw him. That was the last day to meet my father. That was my last day. I don’t know if he’s

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still alive or not. No clue. My brother and I were alone now. The neighbours knew what happened. They took us to government office, and then they went to put us in an orphanage in Burundi. Me and my little brother, maybe he was six or five years. My brother was called Claude. I think he’s in Kenya. This Holy Sister said, ‘There is better orphanages in Kenya.’ She used to travel countries. She said, ‘Do you mind if we take your brother?’ I had no choice, because Burundi was also at war and any time I could die. They can only take one of us. I said, ‘No problem.’ Then they took him. They used to come to tell me what’s happening. I can write to him in the orphanage. But I haven’t written. He don’t even know me.

Then I found my uncle. Connections helped him find me. Because these Holy Sisters, they had every orphanage in the whole country, and they put up pictures with your name, and go to ask people. I don’t know how they find out, but they did get my uncle. He came to fetch me. He just brought me here to Johannesburg. That’s it. It is a sad story. I get on with my life. If I think, it’s too much. I haven’t told no one this story. People don’t know this. They don’t deserve it. I wanted to keep my story separate from me now. That is part of life but it is too much, it is too much.” Taken from Clacherty G & Welvering D (2006) The Suitcase Stories – Refugee children reclaim their identities. Cape Town: Double Storey Books

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Farhad Nouri

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“I DON’T WANT ANY CHILDREN IN THE WORLD TO BE AFRAID OF ANYTHING.” Farhad Nouri

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Farhad Nouri, a 10-year old refugee boy from Afghanistan, drew this image of an African boy. He and his family travelled to Greece and Turkey before arriving in Serbia, where they lived in a refugee camp. He told the Independent newspaper, “If you spent one week in this camp you would be crazy but I feel very good when I’m drawing. I feel better and I don’t think about how it was in Afghanistan. When I’m drawing I’m relaxed.” His artworks drew the attention of many and led to an exhibition organised by the Refugees Foundation, a group based in Belgrade. Farhad decided to use the money he gets from selling his artworks to help a sevenyear-old Serbian boy, whose family are fundraising to help pay for lifesaving treatment at a specialist clinic in Paris. He said, "I don’t want any children in the world to be afraid of anything,” he said.

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“Because of that I decided I won’t sell my paintings for lots of money but instead I will put a box out and anyone who wants to donate can give for the sick boy. We need that kindness. I want to help him and to show other people how they can help him and show their kindness. I can understand people and I think we all need kindness.” “Farhad is such a striking example of all the talent and human potential that is being wasted and put on hold among these thousands of people who are stranded. You can’t overestimate the extent to which having zero control and zero ownership over your own future will affect your psychosocial well being.” Elinor Raikes, European regional director of the International Rescue Committee.

Senior Phase

LESSON THREE

HOW DO WE KNOW SHEâ&#x20AC;&#x2122;S ONE OF US? 146

Aims: • explore a simple model for how to distinguish between self-defined identities and identities defined by others (labels) • consider how someone’s identity might be affected by being labelled as a refugee, migrant etc. (taking into consideration the preconceptions and misconceptions that may be held by the people who are labelling them) • think about how the bureaucratic process of gaining refugee status is often experienced as dehumanising

Materials: • the story entitled ‘Where are you really from?’

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PROCESS 148

Step 1: Read the story, ‘Where are you really from?’ Read the attached story, ‘Where are you really from?’ to the class, or print copies for the students to read.

Step 2: Discuss the story, ‘Where are you really from?’ Once all the learners have heard or read the story, allow a few minutes for the class to discuss it in any way they choose.

Step 3: Questions on the story, ‘Where are you really from?’ Where is the speaker in the story from? Why do you think the speaker experienced “Where are you from?” as a trick question? Do you think the speaker actually identified herself as someone from these places, even though only one of them was her place of origin?

Why is place of origin so important to many people? The storyteller says that older generations would hang on to her answer as if their very existence depended on it. Why do you think this was the case? Which place does the writer seem to have liked most as a child? Why did she resist telling people this? If the writer grew up in Nairobi, why would it not be her “real” home? How does your family’s heritage and traditions impact on your identity? Is this writer’s identity more defined by heritage or by personal experience?

Step 4: The Identity Exercise Have you ever considered how you construct your identity? How much of it comes from yourself and how much of it comes from your society, your generation, or your culture? Quickly write down ten identities that describe you. Write each one on a separate piece of paper. You do not have to share all of these with your group. You can decide which ones you are willing to share. Each piece must start with “I am a …” or “I am an …” For example you could say: I am a South African I am a Motswana I am an African I am a Female I am a Black person I am a Hip hop performer I am a Soccer player I am a Diabetic I am a Lesbian I am an EFF supporter Allow learners to write down their identities.

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Now put your identities in the order of the importance they hold for you as you are experiencing them right now. You might change their order in another situation. What is their order of importance for you here and now? Now find a partner in the class who you don’t know too well. Try to guess a few of their important identities. Were your partner’s assumptions about you correct? Now share your actual lists with each other. How did it feel to have someone assign identities to you? Now, work with your partner to apply your identities to different contexts and see if the order of importance changes. Does the order of importance of your identities remain the same when you’re: - At school with your friends? - At home with your family? - In another country? - During a life-threatening crisis? - In a job interview? - At a place of worship? - Questioned by the police? So, if the way you construct your identity changes according to your social setting and environment, is it real or is it invented?

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Is your sense of identity defined and (possibly even invented) by yourself or by others? When do you need to be a shape-shifter in life, changing identities as you go along? What is the difference between an identity and a label? A label can be seen as something an individual has imposed on them from the cultures around them. An identity is something they choose. A label can put a person in a box they have not chosen to be limited by. An identity they choose for themselves is a form of selfdetermination. Consider how a marginalised person’s identity – like a refugee within the context of a foreign country providing asylum – may be affected by the labels that others put onto him or her? What happens when we label a large number of people – all with diverse experiences and personalities – under one category? The hand-outs that can be printed for this lesson are found on the following pages.

WHERE ARE YOU REALLY FROM? “Where are you from sister, where is your home?”

approached them introducing myself in Kiswahili as “Caroline from Kenya”.

“Nairobi.” “You do not come from Nairobi… I mean where is your real home?” It was May 2008. Violent attacks against foreign African nationals across South Africa had seen many flee to police stations for safety since the start of the violence. I had been volunteering at Primrose police station, east of Johannesburg, where displaced people from the Democratic Republic of Congo, Zimbabwe, Kenya and Mozambique were seeking safety. On one of my visits, I overheard a Kenyan man and woman speaking Kiswahili. I

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Edward, in his mid-twenties, seemed irritated by my response to his question “where are you from?” Neither my name, nor Nairobi betrayed my ethnicity. But I had given him just enough information to indicate that I was not South African, and that we shared a nationality. It was months later, after he had moved to Glenada camp, where makeshift United Nations High Commissioner for Refugees (UNHCR) tented homes for displaced people had been set up south of Johannesburg, that I told him the answer he had wanted to hear. My interaction with Edward

took me back hundreds of miles north and decades back to my childhood in Nairobi. Growing up, I remember numerous uncles or aunties asking “Where do you come from?” The scene was typically a backyard gathering in one of Nairobi’s many housing estates. In between political discussions over beer, sodas, and meat, one of the adults would ask a child hovering around the proverbial “Where do you come from?” question. Instantaneously, other discussions would suddenly halt as all attention diverted to the child – as if the very essence of their existence was hanging on the thread of the child’s response. From early on, I began perceiving this as a trick question. I learnt that depending on how much attention I required from the adults, I could manipulate the conversation and get what I wanted. In those few seconds when I held everybody’s attention, I had a number of choices. “Mūramati!”, where my

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paternal parents lived, was the ‘correct’ answer and would solicit claps and words of praise. One of the uncles would exclaim, “What a clever girl, mom you must give her another Fanta!” My parents would beam because this was as much a test for me as it was of their parenting. “Ihūrūrū!” would be my next option. This would raise some confusion and a few eyebrows. Those who did not know where my parents came from would wait to hear whether this indeed was the correct answer. “No, that is where your mommy grew up,” a close aunt would say. I happened to like the place where my mother grew up, so why couldn’t I come from there? While I loved my paternal grandparents dearly and had a huge fascination for Kikuyu traditional family structure (my grandfather lived with all his four wives, and he died when he was over a hundred years old. As a child, this made him my hero), Mūramati did not interest me that much. It is a semi-desert with not

much appeal to a young city girl. On the other hand, I had fond memories of climbing plum and peach trees, milking cows, picking tea, and growing cabbages in Ihūrūrū. True, I enjoyed jumping into the crystal-clear waters from the melted snow of Mount Kenya in Mūramati, but if I had to come from a village, it would be Ihūrūrū. Seemingly, the answer to the question was not a matter of my preference, any more than it was tied to where I was born and bred. I lived in a patriarchal society and I was to assume my paternal home, Mūramati, until I married. Once an adult explained these facts to me, I got my Fanta. It was the third answer that would solicit the most interesting dialogue. “Nairobi!” would be met with disapproving, pained looks that seemed to say, “The poor child has lost her roots.” My parents would be mortified. “Nobody comes from Nairobi,” an aunty would say pityingly. “Where does Cūcū Wanjiku stay?” my mother would ask, trying to salvage her reputation as a good parent, something now

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seriously in question. If I wanted to be intransigent I would say: “But you asked where I come from. I do not stay with Cūcū, I was not born there, so how can I come from there?” After more head shaking, accusing glares, and embarrassing shrugs, one of the neighbours would exclaim: “The children of these days do not know their roots. It is a very serious problem.” Another parent would interject, “You need to send them there for three months during the holidays, that is what we do with ours.” I would then be forgotten as our parents discussed how difficult it was to bring us up in the city and shared some remedies for rooting us to our ‘real home.’ These discussions and debates fascinated me, and I would sit silently listening to my parents’ generation grappling with notions of identity and belonging. Being pioneer migrants from rural Kenya to the city, they carried a huge burden of sustaining traditional values and culture. They also carried with them the guilt of not having done a good enough job transferring these to their urban children. Once I had had enough of

the conversation and wanted my Fanta I would shout “Mūramati!” – playing along with what I understood as communal deception, where the correct answer was, as I saw it, the wrong one. There would be a palpable sigh of collective relief, the adults’ guilt appeased, at least temporarily. “All will be well with you,” a graying uncle would whisper, “all is well with us.” With the advantages of hindsight, I think that the question “Where are you from?” was aimed at the adult audience as much as it was directed to their children. It was a question on belonging, place, and identity that pioneer migrants often asked themselves, rooted as they are in both rural and urban worlds. Our responses (as children) would affirm or reject their own sense of belonging as much as it would ours as firstgeneration urbanites. Decades later, having

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migrated to Johannesburg, Edward’s question “Where are you from?” brought me face-to-face with some of the dilemmas my parents’ generation face: the contradictory, even paradoxical, notions of belonging and dislocation, rootedness and uprootedness, in this South African metropolis. Indeed, I straddle multiple words: ruiral/urban; Nairobi/ Johannesburg; ethnic/ cosmopolitan; local/global. And I am not alone. Taken from: Kihato CW (2013) Migrant Women of Johannesburg. Hampshire: Palgrave Macmillan.

Artwork by a refugee child from the Three2Six Education Project

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SENIOR PHASE Lesson: How Do We Know Sheâ&#x20AC;&#x2122;s One of Us? Other things to try: Get children to draw Venn diagrams of their overlapping identities.

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Draw a Venn diagram in which a shape appears for each of your identities. Each shape represents the group of people that share that identity with you. Because you share all these identities you are at the intersection of all the shapes. How do these groups relate to each other? Is it possible to represent this in the drawing?

Dorcas age 10

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Senior Phase

LESSON FOUR

XENOPHOBIA

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In this lesson learners will explore how xenophobia functions in society, through two poems and background information about the 2008 xenophobic violence.

Aims: • gain a broad understanding of xenophobia in the context of South Africa since 2008 • grapple with how labelling people with a singular identity dehumanises them

Materials: • Rubimbo Bungwe’s poem • ‘Burning Man’ poem • Short write-up about 2008 xenophobia for learner

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PROCESS 160

Step 1: I have a new name Hand out the print-outs of the Rubimbo Bungwe poem and choose a volunteer to perform it for the class. In the poem the speaker says how he is just known as a refugee. Is it ever fair to characterise someone with a single label? Why/why not? Does this label make it easier for people to discriminate against the speaker? How? As the poem suggests, in people’s minds they often clump refugees together as a group with a single identity, without acknowledging that they have very diverse backgrounds, abilities and interests. Labelling them all as ‘refugee’ or ‘foreigner’ makes them outsiders and creates a way of speaking that is used to reduce them, ignore their true potential, deny them dignity as human beings and violate their human rights. Once a label is applied to a group it becomes easier to develop negative stereotypes of that group.

Step 2: Learners read xenophobia hand-out What is your understanding of the word ‘xenophobia’? Give learners hand-out on xenophobia.

Step 3: Class discussion on xenophobia

Step 4: Burning Man

Why do you think no-one was arrested for Ernesto Nhamuave’s murder?

This poem is related to a real event. Can you imagine what that was?

In what ways is xenophobia enacted? Do you think people who enact xenophobic violence see foreigners as human beings? How is it possible for one group to become so dehumanised in the eyes of another group? What reasons do people give to support their claims that all refugees are bad? Have you seen evidence to support these claims? Does xenophobia only exist when there is violence or is it constantly there?

Give out the poem, The Burning Man. Give learners time to read it.

Have a short discussion, before describing the event. If they did not make the connection, refer learners back to the hand-out on xenophobia. “On 20 May 2008, a Mozambican national, Ernesto Nhamuave was beaten and burnt alive in Ramaphosa, Johannesburg. The media captured the image and many South Africans and the international community were woken to the extreme violence of xenophobia in South Africa.” Do you think this poem helps raise positive awareness around xenophobia? Is it okay for non-refugees to write about refugee issues? Why/Why not? In what other ways could ordinary people tackle xenophobia?

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Step 5: Debate on refugee camps Debate whether you think separating refugees into camps as opposed to integrating them into cities would help protect them from xenophobic violence. Give time for learners to voice opinions. What other effects does this have on the refugee community? Does it deny them any of their human rights? The hand-outs that you can copy are found on the following pages.

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SO I HAVE A NEW NAME by Rubimbo Bungwe, aged 14, from Zimbabwe (2012)

So I have a new name – refugee. Strange that a name should take away from me My past, personality and hope. Strange refuge this. So many seem to share this name – refugee Yet we share so many differences I find no comfort in my new name. I long to share my past, restore my pride, To show, I too, in time, will offer more Than I have borrowed. For now the comfort that I seek Resides in the old yet new name I would choose – friend.

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XENOPHOBIA IN SOUTH AFRICA SINCE 2008

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In May 2008 xenophobic violence erupted in Alexandra, Johannesburg. It quickly spread through Gauteng and nationwide urban centres such as Cape Town and Durban as well as some rural areas. By the end of May, the death toll stood at 62 (21 of those killed were actually South African citizens of minority ethnic groups). The May 2008 attacks have been the most violent single wave of xenophobic attacks in South African history but there have been many other cases of xenophobia. In fact, between the year 2000 and the 2008 attacks, 67 people were killed in xenophobic violence. The May 2008 violence took many forms. People were labelled foreigners

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and called names. Foreignowned shops were looted and burnt down. The houses of non-nationals were vandalised and attacks were made on nonnationals themselves. On 20 May, a Mozambican national, Ernesto Nhamuave, was beaten and burnt alive in Ramaphosa, Johannesburg. The media captured the image and many South Africans and the international community were woken to the extreme violence of xenophobia in South Africa. The second poem from this lesson is about Ernesto Nhamuave. No-one was ever charged for his murder.

Another attack that captured the media occurred in February 2013. Eight policemen tied Mido Macia, a Mozambican, to the back of their van and dragged him along the ground. He died of his injuries. Each policeman received a jail sentence of 15 years. In March 2015 King Goodwill Zwelithini was reported to have said that foreigners must go back home. This is one of many examples showing that people in positions of real power are not always challenging xenophobia and sometimes even supporting it. In April that year, a wave of riots broke out leaving at least eight dead from xenophobic attacks (including three South Africans). People have blamed many things for the xenophobic violence in this country, such as increased competition for employment, basic social services and business opportunities. There are many wide-spread stereotypes about foreign nationals, some of which we will deal with in the

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next lesson, for example: foreigners steal our jobs, foreigners bring diseases, foreigners are criminals. Political leaders have been blamed for not taking a clear stance on xenophobia and not organising large campaigns against the attitudes that lead to xenophobic violence. But whatever is found to be the root cause of xenophobia, it is not just a problem for refugees. It is a problem that impacts the safety and wellbeing of the whole of South African society. Wikipedia (2017) Xenophobia in South Africa. Wikipedia. Viewed on 2 December 2017: https://en.wikipedia.org/ wiki/Xenophobia_in_South_ Africa#April_2015_attacks. South African History Online (2017) Xenophobic violence in democratic South Africa. South African History Online. Viewed on 2 December 2017: http://www.sahistory.org.za/ article/xenophobic-violencedemocratic-south-africa. Boston.com (2017) Xenophobia in South Africa - Photos - The Big Picture. Boston.com. Viewed on 2 December 2017: http://archive. boston.com/bigpicture/2008/06/ xenophobia_in_south_africa.html.

THE BURNING MAN BY FERDIE SCHALLER

The crowd screams He burns brightly, eyes – incandescent Fingers weeping flesh – imploring Lipless mouth pleads – silently A policeman watches – unmoving He crawls – chameleon slow The crowd roars Rocks smash down – unfeeling He does not crumple – crumble Grey ash-body trembles – disintegrating A policeman fires an extinguisher – casually His crater-mouth pleads The crowd growls

The policeman kicks a skinny dog – disinterested A steel bar descends – mercilessly The crowd hisses He subsides – melting Road-kill – steaming On the pitted tar – a shadow The policeman walks – upwind He convulses – lies still The crowd sighs The dog licks his face – lovingly His eyes are open – staring Does he see the rainbow In the already buzzing fat glistening green latrine flies? The policeman tosses a discarded box over the discarded man

He emerges from the The crowd chatters as it leaves retardant fog – slowly Flames creep across his back – [Schaller F (2016) The Burning Man. The Sol Plaatje European Union Poetry Anthology. flickering Johannesburg: Jacana.] Not crawling, just shuddering – anguished

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Senior Phase

LESSON FIVE

MYTHS AND

MISCONCEPTIONS

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Aims: • identify errors of reasoning and deconstructing arguments, in order to engage information more objectively • engage in a discourse surrounding refugee myths, misconceptions and the outcomes of misrepresentation and stereotypes • encourage learners to be more sceptical of information and to apply simple methods for fact-checking • experience the value of diverse information and how we should allow it to inform our views

Materials: • article from the Daily Maverick • article from Africa Check

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PROCESS 170

Step 1: Open by reading the Daily Maverick article Hand out the Daily Maverick article. Allow time for learners to read it in groups. Briefly discuss the article and summarise the main points.

Step 2: Discussing the Daily Maverick article So what is the article about? What is the main conclusion you can draw from the article? Do you agree with the writerâ&#x20AC;&#x2122;s conclusions? In other words, do you believe she made a convincing argument? If you do agree, why? And if you donâ&#x20AC;&#x2122;t agree, why not? Scan through the article and find some arguments the writer makes that you believe are true or not true. Encourage the learners to be critical but not biased. The intention is to identify assumptions and errors in reasoning without condemning anyone. Once the learners have analysed the article sufficiently, introduce the Africa Check article.

Step 3: Read the Africa Check article Now you are going to compare an article from Africa Check that was written in response to the Daily Maverick one. Africa Check is a fact-checking website that analyses claims made by individuals, organisations and the media. Hand out the Africa Check article. Take a few minutes to read the response article. Be just as critical as you were with the previous article. Allow time for learners to read through the article.

Step 4: Discuss the Africa Check article Now engage the class discussion about how the second article impacted their opinion of the first. Now that you’ve read the article, has anyone changed their mind about the first article? Or has it just reinforced your initial views?

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Step 5: Compare the two articles Now that you’ve interrogated the issue, seeing both sides of the argument, which of the two writers do you believe made the better argument? Why? What did that writer do to support his/her claims? Try to find a few examples from the text of evidence the writers use to support their views. Do you feel more informed about the topic now that you’ve read about it from two different points of view? When we expose ourselves to diverse sources of information, engaging each aspect of a topic from every angle, it means we are much less likely to make assumptions and to be persuaded to support false information.

Step 6: Reflection on the way we engage information All human beings make generalisations in order to organise the information around them. This is both useful (because it saves us energy working everything out from scratch each time) and dangerous (because it blinds us to detail and context giving birth to many irrational assumptions and unfair stereotypes). Our generalisations act as filters that change the way we see the world. Instead of paying attention to the detail, we jump quickly to conclusions. We look at someone and judge them by what we see on the surface or by a label they have been given. Working things

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out takes energy and time and focusing our attention. It is much less work for your brain if you just lump people into groups. In the case of refugees, consider how often refugees are stereotyped and categorised according to where theyâ&#x20AC;&#x2122;re from. One way to challenge our generalisations and assumptions is to explore information from different points of view, and not just points of view that agree with our own (or the one we have inherited). This can be uncomfortable, but it opens us to other possibilities. The hand-outs that can be printed for this lesson are found on the following pages.

SENIOR PHASE

Lesson: Myths and Misconceptions Other things to try: Learners can identify other claims about refugees that they have accepted without critical judgement. “Refugees are terrorists.” “Refugees steal our jobs.” “Refugees increase crime.” “Refugees bring disease.” “Refugees destroy our culture.” Challenge learners to find evidence and counterevidence that supports and refutes the claims. Have a discussion with the class, using research learners have conducted, to try and reach a consensus on whether the claims are valid or not. The aim is to seek as many different sources of information as possible.

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Daily Maverick ARTICLE

A bleak reality of migrants and their children in South Africa

It has been nine months since the world was shocked by the tragic photograph of threeyear-old Alan Kurdi as he lay dead on a beach in Turkey. A tiny child who died tragically hoping for a better life, Alan instantly became the human face of the migrant crisis in Europe. Since Alan Kurdi’s death (originally reported as Aylan Kurdi), newsfeeds and social media in South Africa have frequently contained stories about the affected families. We have watched at a distance, probably grateful that it isn’t our problem. But it is.

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Migrants are a challenge across the world and South Africa is no exception. Bearing the bouts of xenophobic attacks, many South Africans remain unaware of the movements of migrants and refugees around our own cities, unaware of a society breeding in silence. Hundreds of human lives; children, some of whom have travelled by foot across borders, often starved and emancipated; parents who have carried their children on their backs to get them to a place where they can be human again – where an idyllic framework of human rights is in place.

How could they know that despite the South African Constitutionâ&#x20AC;&#x2122;s focus on equality and fairness to all children, these permissive laws remain largely unimplemented among the institutions tasked with service provision. The shocking truth is that in many instances, migrant children have fewer rights and a lesser status in their place of refuge than they had in the country that they left in search of a better life. The Convention on the Rights of the Child, a human rights treaty set out by the UN on the rights of children, is the most extensively endorsed international human rights treaty in history. Countries which sign the treaty are monitored in relation to their compliance and are expected to submit reports reflecting their progress and implementation within

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the framework of their own legal and child protection system. South Africa endorsed the Convention on the Rights of the Child on 16 June 1995, and then went on to develop its Constitution and pass the Childrenâ&#x20AC;&#x2122;s Act, both of which are aimed at integrating the convention into South African law. The focus of this legislation is on the equality and fairness that all children have the right to enjoy, no matter where they come from. However, the provisions that are set to guide our behaviour often appear only as good intentions.

South Africa is failing in the implementation of these values for all of our children, but this is especially true for migrant children â&#x20AC;&#x201C; both those that are documented and those that arenâ&#x20AC;&#x2122;t. In August 2015, a forum held by Save the Children South Africa highlighted these problems, focusing on the movements of migrant families and their children in and around Africa, and the hardships that migrants face in their journey to a better life. It is a journey which often subjects them to further

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neglect, exploitation and abuse. Migrants regularly have to pay bribes at border posts or refugee offices, are sold fake documentation, and have to pay fines to have their documents renewed. Even when they arrive at their destination country they are frequently scattered, living under the radar among often hostile communities, facing a life without belonging. Tragically, children in these families are often unknowingly forced to grow up in an underground world. The Refugee Act and

legislation in South Africa prohibits the implementation of refugee camps because they are said to separate people from society and restrict freedom of movement. However, this fails to account for migrantsâ&#x20AC;&#x2122; lack of a central place of safety, which leaves them in desperate need of an environment where they are safe, where they can be legitimately assisted and guided in their integration into society, where their skills can be put to use, and where they can find jobs. Refugee camps do not need to be a means to an end, but they may be imperative as grounding centres for assisting migrants to adjust and develop a belonging in a country that otherwise leaves them to survive on the outskirts of its communities. Despite this, makeshift camps are only set up when episodes of violence are captured by the media. They become an act of desperation to protect migrants from violence and abuse, only to be taken down when the hype dies down. After these camps are disassembled, children can

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be left vulnerable, forgotten and dispersed. A concern about restricting the freedom of movement of migrants has to be weighed against the inhumane futures that migrants are forced to face as a result of having no support and structure when trying to build a life in a new country, and acquire all of the necessary documentation. In the end, we may be overvaluing one constitutional right at the expense of many others. It isnâ&#x20AC;&#x2122;t just communities that are hostile to arriving migrants. In spite of South African law making provision for all children to have access to these basic rights and services including education and adequate healthcare, it seems as if government sectors, schools and healthcare facilities share a breakdown of communication and cooperation in implementing South Africaâ&#x20AC;&#x2122;s laws and legislation in the rights of migrant children and refugees. Many children are turned away from

schools and clinics daily â&#x20AC;&#x201C; some due to a lack of documentation, and others for no apparent reason at all. The future is particularly bleak for migrant children. A vast number of these refugee and migrant children end up at the door of our social services department and are placed in childrenâ&#x20AC;&#x2122;s homes and foster care. Some of them travelled unaccompanied or have been orphaned, but many simply have families who are not able to care for them due to the lack of support. A large percentage of these children are also undocumented owing to their circumstance. In theory, South African law makes provision for all children to be cared for, regardless of their origin. But this is not always true in practice, and little thought is given to what will happen to migrant children who grow up in South Africa and

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reach the age of majority. While it is critical for children under the age of 18 to be cared for under the law, it is equally important to have policies that make provisions for children as they become adults. However, no such provisions exist, and undocumented children who are protected as children are effectively discarded as they become adults. They are not citizens of the country, and are therefore illegal â&#x20AC;&#x201C; the cycle of an undocumented society is propagated. Critically, South African law not does grant citizenship to individuals of foreign descent, even if they are born in the country. The result is a generation of stateless children who are illegal in South Africa, but also have no ties to their country of family origin because many have lived most (or all) of their lives outside of its borders. In these instances, no country, even their birth nation, will take responsibility for their statehood.

It seems that the list of problems that migrants face is endless, and perhaps in a country that struggles to care for their own, a lack of empathy for those outside of our walls becomes understandable. The South African Constitution, for example, is arguably one of the most well compiled and humane legal codes in the world but countless numbers of South Africans experience barely a handful of these rights. How can we care for others when we can’t even care for our own? So, the question is: What next? Where do we begin to make the changes necessary so that the law, and people’s experience of the law, are met somewhere in between? Given our country’s capabilities, maybe it is time for policies to become more realistic. But equally, perhaps it is time for our social service providers to step up their game, and fulfil the expectations that we ourselves have set. - Magnes T (2016) A bleak reality of migrants and their children in South Africa. Daily Maverick. Viewed on 03 November 2017: https://www.dailymaverick.co.za/ opinionista/2016-06-20-a-bleak-reality-of-migrants-andtheir-children-in-south-africa/#/h.

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AFRICA CHECK ARTICLE Researched by Lisa Golden

Do “vast numbers” of refugee and migrant children rely on SA social services? With a large migrant community in South Africa, both documented and undocumented, do a “vast number” of the “refugee and migrant children end up at the door of our social services department” and have to be placed “in children’s homes and foster care”, as was claimed recently? On World Refugee Day 2016, the Daily Maverick published an article written by social worker Talia-Jade Magnes, outlining what she described

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as the rather “bleak reality of migrants and their children in South Africa”. In the piece, Magnes compared South Africa’s refugee children problem to the case of three-yearold Syrian Alan Kurdi, the photograph of whose tiny drowned body made world headlines in September 2015. Magnes claimed that, among other concerns, in South Africa “[a] vast number of these refugee and migrant children end up at the door of our social services department and are placed in children’s homes and foster care.”

Artwork by refugee child from the Three2Six Education Project

Magnes, who works with child protection and adoption service Impilo, told Africa Check that her statement was based on data that had been collected for an event a few weeks earlier, and which had been obtained “from about four of our networking organisations, and we had about 150200 undocumented children. That’s in a very small area of only four service providers. So we can only guess that there are thousands

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of undocumented kids living within our borders.” But are disproportionate numbers of these foreignborn migrant children and refugees – documented or undocumented, accompanied or unaccompanied – really winding up as beneficiaries of either State or nongovernmental social services as she claims? The available data indicates that this is not the case.

Counting the international migrant community The 2011 Census listed the number of international or foreign-born migrants in South Africa at 2,199,871, of which 278,267 were children under the age of 19. However in the 2016 Community Survey, which is not as extensive as the Census but seeks to update information in between censuses, there were 1,578,541 people living in South Africa who were born outside of the country, 175,709 of whom were under 19. This is a difference of around 100,000 children. The Community Survey report notes that the drop in number is unlikely due to a drop in immigration: It noted that “[f]ewer numbers of immigrants in CS 2016 data may highlight instilled fear of disclosure of one’s origin.” StatsSA has previously told Africa Check that the 2011 Census would have allowed for such discrepancies. A Post Enumeration Survey

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is conducted to address undercounted groups, and the statistical body also told Africa Check it was unlikely that numbers of international immigrants in South Africa would have changed significantly since the Census. To allow for comparison, this report will use both 2011 and 2016 figures.

Accessing social grants Lizette Berry, a senior researcher at the Children’s Institute at the University of Cape Town, explained to Africa Check that the Department of Social Development’s mandate to provide social welfare services ranges from grants and food parcels to child protection services and alternative care services, such as foster care and children’s homes, as well as services for the most vulnerable in the population, which includes the elderly and the disabled.

Although the State is ultimately responsible in terms of its constitutional and legal obligations, to monitor and regulate the delivery of social services to all children, there are several parallel welfare systems in existence, including those run by the department of social development, the non-profit or nongovernmental sector, faithbased organisations, and also private individuals (such as those who provide foster care), all of whom may or may not receive varying levels of subsidies from the state. The South African Social Security Agency (SASSA) provides monetary grants to poor and vulnerable South African citizens. Foreign-born migrant children who are registered as refugees or have permanent residence can also access these grants. Grants that are applicable to minor children are the care dependency grant, the foster child grant, and the child support grants. Berry explains that children placed in children’s homes are considered “wards of the state” and are not entitled to social grants.

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Stanley Malange, manager for strategic monitoring at SASSA, provided Africa Check with the latest data available on foreign-born children receiving social grants. Malange noted that, as at the end of March 2016, there were 28,677 children with permanent resident status and 15,875 with refugee status who were in receipt of social grants for the fourth quarter of the 2015/16 financial year – a total of 44,552 children. Depending on which survey’s data is used, this figure represents between 16% (Census 2011 figures) and 25,4% (Community Survey 2016) of the total population of international migrant children under the age of 19. According to SASSA, during the same period 12,529,526 South African citizens accessed these same grants – approximately 57% of the South African population under the age of 19. Foreignborn migrant children represented just 0,3% of total grantees, of the three child grants provided by the state.

Although this number only accounts for foreign-born migrant children with permanent resident or refugee status, the data clearly shows that it is a minority of documented foreign-born migrant children who end up “at the door of social services”, and that foreign-born migrants do so in much smaller proportions than South African nationals.

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Foster care and child and youth care centres Magnes’ additional claim regarding migrant and refugee children being placed in foster care (a child placed in the care of foster parents by order of the court, and eligible for SASSA’s Foster Care Grant) is also not supported by SASSA’s data. In the period reviewed, only 629 of a total of 470,019 foster care grants were

accessed by children listed as permanent residents – with just 28 additional foster care grants for those recorded as refugees. Marilize Ackermann from the Scalabrini Centre in Cape Town told Africa Check that although the placement of children in the foster care of recognised refugees or asylum seekers was not limited by law, in practice this rarely happened. The Scalabrini Centre is currently involved in a study to see why this is so. Ackermann added that children placed in the care of recognised refugees were able to access the foster care grant, but that asylum seekers did not qualify. Data on children placed in children’s homes or “child and youth care centres” (CYCC) is a little more challenging to determine, because while undocumented migrant children cannot access social grants they can potentially access assistance from care centres run by NPOs, which deal with all children, both local and foreign-born. Berry confirmed that there is no official centralised data collection system from the mix

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of state, NPO and faith-based children’s services. However a joint study on unaccompanied and separated foreign children in the care system in the Western Cape, conducted by researchers from the Scalabrini Centre and the law faculty at University of the Western Cape, which looked at 50 child and youth centres in the Western Cape, found that foreign children in that province “represented approximately 4% of the children in residential care during the research period”. This proportion is comparable to the province’s total percentage of foreign-born residents, which was 4,4% in 2011 and 3,1% according to the 2016 data. The Western Cape has the second-highest numbers and proportion of foreign-born residents, after Gauteng. Ackermann, who was one of the study’s authors, told Africa Check that foreign children were “not overwhelmingly present in the care system”, adding that this has been confirmed by subsequent (asyet unpublished) surveys of child and youth care centres in Gauteng and Limpopo.

These findings would indicate that Magnes’ claim about foreign-born migrant children and refugees entering child and youth care centres is, also, overstated. However Ackermann clarified that the ability to obtain necessary help “depends invariably on [a child’s] documentation status”, saying that the studies also found “institutional barriers to accessing the child protection system exist and often, child protection agencies, courts and [child and youth care centres] were reluctant to take on cases of undocumented children.”

child development and protection specialist from the Johannesburg Child Advocacy Forum. Lamprecht told Africa Check that undocumented children faced significantly greater difficulties accessing social services when a child does not hold any formal legal status in the country.

According to a 2015 guide on “Unaccompanied and Separated Foreign Children”, produced by the Legal Resources Centre and the Scalabrini Centre, South Africa is a signatory to international conventions that guarantee the state will protect and This is in contravention of provide assistance to South Africa’s Children’s all children, irrespective Act, which stipulates of their nationality and these services should documentation status. be equally available to These include the United all children, irrespective Nations Convention on of their nationality and the Rights of the Child and documentation status. Lack the African Convention of documentation hampers on the Rights and Welfare access – and it extends of the Child. The LRC beyond social services. guide says that these international obligations “The more legal you are, are incorporated into the less you would be in South African national law, need of social services”, adding, “it is extremely says Luke Lamprecht, important to note that

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the Children’s Act applies equally to all children within South Africa’s borders. The Act makes no distinction between local and foreign children precisely because child protection should be approached in the same manner for all children.” In practice, Ackermann says, “the lack of a valid identification document often bars access”. As Magnes also notes in her article, this can become even more critical when undocumented minor migrants reaches their majority, writing that “undocumented children who are protected as children are effectively discarded as they become adults”.

Conclusion: small number of migrant children rely on social services

If anything, it indicates that refugees and foreign-born migrant children access such resources in proportion with the general population of international migrants (in the case of children’s homes) or in significantly lower numbers and proportions (for social services). However, as access to social services is directly affected by the documentation status of migrant and refugee children, and the number of undocumented migrants living in South Africa is unknown, these figures would exclude undocumented refugee and migrant children who may need some form of social assistance. - Golden L & Makou G & Pampalone T & Brodie N (2016) Do ‘vast numbers’ of refugee and migrant children rely on SA social services?. Africa Check. Viewed on 03 November 2017: https:// africacheck.org/reports/refugeemigrant-children-social-services/.

Magnes’ claim that vast numbers of migrant and refugee children wind up accessing social services, or have to be placed in foster and children’s homes, is not backed up by data from either social services or recent studies on residential child and youth care centres.

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Senior Phase

LESSON SIX SOCIAL ACTIVISM AND CREATING AN ADVOCACY RESOURCE

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After having learned about the issues surrounding refugees in South Africa the learners will now design an activism campaign and media to go with it.

Aims: • consider how young South Africans can make a positive, impactful difference to refugees and other marginal groups • explore some of the challenges facing refugees • get a sense of the skills and processes involved in planning a campaign • engage the purpose of advocacy materials and design their own

Materials: • hand-out on ‘the way an active citizen can participate in positive change’ • hand-out on ‘some of the key skills of a change agent’ • collection of advocacy posters • guiding questions for creating a campaign strategy

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PROCESS 190

Step 1: June ‘76 Can young people make a difference? The history of our struggle against apartheid and discrimination often focuses on the heroes that have become cultural or political ‘celebrities’. We tend to forget the many individuals that were actually the engine of change. We need only remember the student uprising of 1976. At a time when most of the leaders of the liberation movement were either in jail or in exile, it was the youth that reignited the struggle in South Africa. Students were protesting the quality of education and the use of Afrikaans as the language of instruction in black schools. The government reacted with levels of violence never seen before. By the end of ten months of student protests all over the country, more than 700 students were killed and hundreds were imprisoned. The state’s brutal response to the students’ uprising forced thousands of youth into exile, swelling the ranks of freedom fighters in training camps in Africa and in Eastern Europe. The student uprising called all South Africans to action and reignited the struggle. The actions of these young people marked the beginning of the end of apartheid.

Step 2: Advocacy Poster Split the class into groups. Hand out print-outs of posters to each group and give students time to look at and discuss them. Which poster was most effective in: - creating awareness? - creating empathy? - shocking you? - showing you how you can help? What was it about the posters that made them effective in each of these ways? Which of the effects above is most important in an advocacy resource? Based on what you have decided is most important in an advocacy resource, rank these posters from best to worst. Now let each group share their ideas about the poster they thought was the best and which was the worst, giving reasons for their choices.

Step 3: Thinking about problems faced by refugees You are going to be planning an activism campaign along with an advocacy poster in order to raise awareness around some of the challenges facing the refugee community.

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Now in your groups brainstorm a list of problems that refugees face in South Africa. You can add to the challenges they have identified if they have left out any of the following: • xenophobic violence • name-calling and hate speech (and the persistent anxiety that it causes) • difficulties in accessing schooling (due to language issues, lack of proper papers, obstructive school administrators, prejudices of parents at the school, the uncertain position of an unaccompanied minor, etc.) • the challenge of finding work • access to basic services such as healthcare and welfare (child grants, unemployment grants, etc.) • the challenge of being allowed to participate in community forums • disruptive bureaucratic requirements (e.g. renewal of documents, scarcity of Refugee Reception Offices) • vulnerability to human trafficking

Step 4: Raising awareness

Step 5: Planning a campaign

How are you going to raise awareness about the challenges facing refugees?

Think back on how much of an impact the young people who were involved in the June ‘76 uprising were able to have. You too could have an impact with a wellplanned, passionate and compassionate campaign. You will now begin planning your campaign.

First you need to decide if you going to focus on a specific challenge or if you are going to campaign for the rights of refugees in general?

[Give learners a chance to discuss.] What are some of the things you could do to raise awareness? Make a list of as many different strategies as possible. After learners have brainstormed their own list, hand out ‘The ways an active citizen can participate in positive change’ and ‘Some of the key skills of a change agent are’. Now compare these lists to the one you have created. What things did you think about? What new ideas do you have after seeing the list? You cannot do everything. An effective campaign is carefully planned, so you need to choose what combination of media and activities will work for your campaign.

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Hand out the list of guiding questions entitled, ‘Planning Your Social Activism Campaign’. Learners can use this to help them plan their campaign ideas. How far are you prepared to go to achieve the goals of your campaign? How much time and energy are you prepared to invest in it? What do you need to learn to make your vision of the world a reality? What are you prepared to risk in the process? What are your priorities? What are you prepared to sacrifice? What fears and desires compete for your time and energy? How far into the future does your vision go? Are you prepared to lay the foundations for a world you’ll never live to see?

Step 6: Creating the advocacy resource Using the insights you got from your critical assessment of the advocacy posters earlier in the lesson you will now design and make a rough draft of your own advocacy poster. It will be a poster for the campaign you have just planned and should reflect the issues you have chosen to raise awareness about. Make creative use of words, images and symbols. The resources that can be printed out for this lesson are found on the following pages.

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THE WAYS AN ACTIVE CITIZEN CAN PARTICIPATE IN POSITIVE CHANGE • break the pattern of your own behaviour and become the change you want to see; • change the way you speak about things … refuse to participate in derogatory jokes or hate speech … avoid using words that reinforce stereotypes and irrational prejudices … challenge friends who make sexist, racist, homophobic or xenophobic jokes;

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• make your voice heard at community forums; • report crimes against refugees, refuse to pay bribes, and make time to participate in community policing initiatives; • start and maintain conversations about the issues you are trying to raise awareness around;

• whenever you discover some interesting information or have an insight, write it down … collect your thoughts … keep trying to express your thoughts more clearly and in a way that could inspire others … see how your thoughts develop over time … keep a journal … keep writing … develop your own personal philosophy; • become a volunteer in a local community organisation or NGO that is committed to the issues you care about; • help people to make more effective use of existing resources (legal resources, training opportunities, community organisations, support groups, libraries, business centres, internet, apps, etc.); • organise discussion groups and workshops; • write letters to your Representative Council of Learners, your School Governing Body, local authorities and to newspapers; • petition parliament about an issue or make written or oral submissions to parliamentary committees;

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• vote with your money by shopping where it counts … boycott companies that abuse human beings and the environment; • organise protest marches, pickets, sit-ins, strikes and other forms of non-violent resistance; • join the initiatives of other organisations, showing your solidarity, inviting your friends, making a real event out of it; • volunteer to be a guest speaker on a community radio station; • produce subversive informative media (manifestos, publications, posters, graffiti, film, podcasts, blogs, performance art, T-shirts, music, etc.); • produce subversive informative performances (flash mobs, street theatre, spoken word, etc.); • design and distribute a petition; • risk defying and breaking the law when you believe it is unjust (civil disobedience).

SOME OF THE KEY SKILLS OF A CHANGE AGENT ARE: • curiosity • the ability to question what is going on

• the ability to organise people

• the ability to stand back and see the big picture

• networking

• the ability to gather accurate information about what is going on • compassion • the ability to identify and express the nature of the challenge • the ability to imagine an alternative • the ability to inspire people to start exploring that alternative • communication skills • a sense of humour • the ability to get

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people’s trust

• recognising the available resources • awareness of the developments in technology, politics and economics • reading, reading, reading • the ability to “think globally, act locally” • willingness to take reasonable risks Which of these skills do you have? Which of these skills would you like to develop?

Planning Your Social Activism Campaign

What type of person will your campaign be targeted at?

By answering the following questions you will develop an idea of how you can structure your campaign.

Who are the influential people in your community that have the power to make a difference? How can you involve them? How can you get them to support your idea with their opinions, their resources, their networks or their money?

Choose one change you’d like to see in your community. Then ask the following: What change do you want to see?

What resources will you need? What resources are available?

What unfair relationships and practices are you trying to change?

• think of spaces to meet in • think of internet, emails, telephone calls, faxing and printing • think of legal resources • think of financial resources • think of people who have expertise in the subject • think of writers and artists who can help produce media

What practices are you trying to change?

What will you name your campaign?

How will you know you have succeeded? How will you monitor your progress?

Will your campaign have a slogan? If so, what will it be?

How long-lasting do you intend your change to be?

What media can you create to spread awareness around your campaign and the issue it tackles?

How can you convince people that there’s a problem and get them involved in the cause?

What kinds of resistance can you expect? From whom? How will you respond?

How can you become the change you want to see? What values are you trying to change?

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How do you involve the refugee community and ensure you are working for their interests?

The ways an active citizen can facilitate change: Learners need to be aware of all the ways in which they can participate in facilitating change. When freedoms are denied to them or others, they can resign themselves to that fate and submit. They can also do things in secret, making sure no one sees them. They can also risk acting in a way that changes our world for them and for everyone in it. When your rights, or the rights of others, have been violated there are many ways in which you can respond. Ideally you should try to resolve the situation together with the people involved, before involving any authorities. This is part of the process of us all learning together. This might include creating critical conversations in class. This is of course not always possible. What are your local resources for conflict resolution and justice? Within the school this could mean your Representative Council of Learners (which has a mandate for participating in the transformation of your school), or your School Governing Body (which has a mandate for ensuring the wellbeing of all learners, drafting school policies, and holding educators and principals accountable). In your community it could mean a community meeting or a community policing forum.

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If you feel you are not being heard in any of the official forums you could create a media campaign, using posters and social networking media. While protest is an option, and learners have a right to do so peacefully, it should never be the first resort. The kind of active citizenship we expect from learners includes grappling and persevering together to solve problems â&#x20AC;&#x201C; maintaining conversations to come up with the best solutions possible. Learners need to know that the justice system is there to protect them and others, and that they can make use of it when other strategies (negotiations, media campaigns and protests) fail.

It is not always easy or appropriate to use the courts to enforce human rights, particularly as using the courts is expensive, requires the assistance of lawyers and may take many months or even years to finalise. Furthermore, not all human rights are legally enforceable. In the light of this, other options have to be explored. These include networking with community organisations, NGOs and members of civil society. A learner can contact a number of public interest law organisations around the country that offer free advice and legal services. These organisations include: • Centre for Applied Legal Studies (CALS) • Centre for Child Law • Equal Education Law Centre • Legal Aid Justice Centres • Lawyers for Human Rights • Legal Resources Centre (LRC) • Probono.org • SECTION27 • Socio-Economic Rights Institute of South Africa (SERI) • Various university law clinics Learners could also approach one of the Chapter 9 institutions like the South African Human Rights Commission, Public Protector, the Commission on Gender Equality and the Commission for the Protection and Promotion of Cultural, Religious and Linguistic Communities (CRL Commission). These bodies have been set up to assist individuals to promote their Constitutional rights.

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If none of these options work and going to court seems to be the only option, then the learner might begin by approaching a human rights NGO, a lawyer or a para-legal for advice on the possibility of bringing a case to the Constitutional Court. In most instances a case must go to the High Court first and then may go to the Constitutional Court on appeal or for confirmation if it is a matter dealing with the validity of legislation.

Three2Six Learners at a Temple in Johannesburg

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LESSON ONE

RESPONDING TO TRAGEDY, SPREADING AWARENESS

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Journeys marked by risk “For many children on the move in search of a better future, what they encounter is not what they expected. On long and arduous journeys, children navigate a shifting landscape of risks, especially if they move through irregular channels. Deprived of essentials like health care, safe water, shelter and education, they contend with exposure to the elements, unsafe modes of transportation, abuse at the hands of smugglers, and trafficking into forced labour or sexual exploitation. Some routes have become especially perilous. Worldwide, the International Organization for Migration (IOM) has recorded more than 21,000 migrant deaths since 2014 (see Figure 6); the precise number of children among them is not known. The Central Mediterranean route is one of the world’s deadliest, with 4,579 deaths – including an estimated 700 child deaths – recorded alongside 180,000 arrivals in 2016, meaning that 1 in 40 people who attempted to make the crossing died in the process. Similarly dangerous is the route through Southeast Asia. At the height of the

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Rohingya exodus from Myanmar in 2014–2015, an estimated 1 in 60 people lost their lives attempting to cross the Bay of Bengal and the Andaman Sea, with a total of 1,838 fatalities since 2014.” “In parts of the world, the number of children moving on their own has skyrocketed. On the dangerous Central Mediterranean Sea passage from North Africa to Europe, 92 per cent of children who arrived in Italy in 2016 and the first two months of 2017 were unaccompanied, up from 75 per cent in 2015. At least 300,000 unaccompanied and separated children moving across borders were registered in 80 countries in 2015–2016 – a near fivefold increase from 66,000 in 2010– 2011. The total number of unaccompanied and separated children on the move worldwide is likely much higher.” Extracts taken from A child is a child: Protecting children on the move from violence, abuse and exploitation (2017). New York: United Nations Children’s Fund (UNICEF). Viewed on 5 January: https://www.unicef.org/ publications/index_95956.html

Aims: • engage the complexity of the refugee issue, rather than making too many simplifying generalisations and assumptions • learn about the Syrian refugee crisis • discuss the ways in which information spreads, and the effectiveness of different methods • engage art critically, evaluating it as social commentary and a form of protest

Materials: • photograph of Alan Kurdi • artworks • write-up on the Syrian refugee crisis

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PROCESS 209

Step 1: Alan Kurdi Hand out the photos of Alan Kurdi with the brief write-ups and give learners a chance to read it.

Step 2: Journey marked by risk Hand out the print-out on the dangers for children fleeing their homes. Choose a volunteer to read it to the rest of the class.

Step 3: The Syrian Crisis Alan Kurdi was a refugee from Syria. Have you heard of the Syrian civil war? What sources of information on Syria do you have? Now hand out the write-up on the Syrian refugee crisis. Choose a volunteer to read it to the rest of the class

Step 4: Responding To Tragedy Hand out the sheet of artworks based on the photo. Are any of the artworks more powerful than the original photo? Why or why not? Now look at each of the artworks inspired by the photograph of Alan Kurdi and ask yourself: How does this artwork help us understand the refugee crisis? What do you think the artistâ&#x20AC;&#x2122;s intention was? How effectively does this artwork communicate its message? What does this artwork tell us about Alan Kurdiâ&#x20AC;&#x2122;s personal experience? How does this artwork turn Alan Kurdi into an icon of the whole refugee experience? When we have so many images of refugees who drowned at sea, why do you think this image has captured artists and the public so much?

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After discussing each artwork in particular, turn the discussion to a broader exploration to the role of art and the media in activism. What are the dangers and challenges associated with using an image like the photograph of Alan Kurdi as an inspiration for artworks? How can sensational images create an informed awareness? How do sensational images simplify issues rather than present complex contexts, connections and consequences? How can the way in which images spread encourage understanding and engagement? How does mass media increase awareness? How can art be used more effectively to raise awareness around refugees? What other artworks could have been created using this photograph? What would make them more effective? The hand-outs that you can copy are found on the following pages.

Pictured Above The body of Alan Kurdi, drowned in a failed attempt to reach the Greek island of Kos, and found on the shore in Bodrum, Turkey in 2015. Images like this spread quickly via social media and became an earnest rallying cry for the word to take refugees more seriously.

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Pictured Below ‘Until the Sea Shall Him Free’, sculpture created by Pekka Jylhä (photographed on Display at Helsinki Contemporary)

Can you work out why this image created such controversy? “In 2015, the image of Alan Kurdi, a three-year-old Syrian infant lying lifeless on a Turkish beach made global headlines. The shocking photograph has become the defining symbol for the plight of refugees, highlighting the cost of human life as a result of sheer desperation. Powerful as this image may be, a provocative recreation of the image by long-term activist and political artist Ai Weiwei

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presented even further questioning – with divided opinions calling him out for a “stunt”, or applauding his piece as a necessary response. Ai WeiWei’s reenactment sees him posing as the drowned child, positioned face down in the pebbles of a beach on the Greek island of Lesbos – a key point of entry into the EU for thousands of refugees. The staged piece was created as part of a project aimed at bringing awareness to the situation in a studio the artist purposely set up on the island.”

THE SYRIAN REFUGEE CRISIS

The Arab Spring is the name that was given to a wave of revolutionary action in North Africa and the Middle East that started in 2010. The revolutions aimed to overthrow dictators in various countries in that region. This goal was achieved in Tunisia and Egypt. It was against this backdrop of successful democratic uprisings that anti-government protests erupted in Syria in 2011.

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In March of that year a protest was held in Deraa city, criticising the torture of a group of teenagers who had created graffiti in support of the Arab Spring. One of the teenagers had died from his injuries. Government forces opened fire on the protesters in Deraa, killing many. Following this, protests broke out across the entire country. Rebels then armed themselves and formed brigades. In July 2011 many military officers defected and formed the anti-government Free Syrian Army. The resistance had now become a civil war.

By 2012 the conflict had reached the capital Damascus and the city of Aleppo. The conflict quickly became manysided and complex. The majority of the population in Syria are mainly Sunni Muslims, while government positions are traditionally dominated by the Shia elite. This divide between Sunni and Shia sects of Islam added fuel to the fire. Extremist organisations, in particular ISIS, became involved in order to try and gain land. The conflict soon drew international involvement too. Iran, Russia and Lebanon-based Hezbollah have supported the government while many countries including Turkey, Saudi Arabia, France, the UK and the US have given military aid to the rebels. The conflict continues. At the time of writing this resource there were nearly five and a half million Syrian refugees and six and a half million internally displaced people. It is the

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biggest global refugee crisis of the 21st century. Most refugees have fled to Lebanon, Turkey and Jordan with ten per cent seeking refuge in Europe. So far all attempts at peace talks have failed and the number of displaced persons is likely to increase. United Nations High Commissioner for Refugees (2017) Syria Regional Refugee Response - Regional Overview. Viewed on 29 November 2017: http://data.unhcr.org/ syrianrefugees/regional.php. BBC News (2017) Syria: The story of the conflict - BBC News. Viewed on 29 November 2017: http://www.bbc.com/news/ world-middle-east-26116868.

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Lesson: Responding to Tragedy, Spreading Awareness Other things to try: Read Passport, lifejacket, lemons: what Syrian refugees pack for the crossing to Europe (https://www.theguardian. com/world/ng-interactive/2015/sep/04/ syrian-refugees-pack-for-the-crossingto-europe-crisis) by Patrick Kingsley and Sima Diab Experience the online interactive novel (about 20 minutes) The Boat (http:// www.sbs.com.au/theboat/) Story by Nam Le, adaptation by Matt Huynh, produced by SBS Experience Desperate Crossing a piece of interactive media from The New York Times: (https://www. nytimes.com/interactive/2015/09/03/ magazine/migrants. html?partner=rss&emc=rss&smid=twnytimes&smtyp=cur&_r=1) Photography and video by Paolo Pelgrin and story by Scott Anderson Explore the work of UK photographer, Daniel Castro Garcia: https://www.lensculture.com/articles/ daniel-castro-garcia-foreigner

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LESSON TWO

FREEDOM OF EXPRESSION AND HATE SPEECH

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Aims: • engage rights, procedures, and scenarios surrounding freedom of expression and hate speech in South Africa

Materials: • a series of statements that are a selection of hate speech, vehement disagreement, and prejudice that does not incite violence • hand-out on freedom of expression

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PROCESS 218

Step 1: Talk about refugees How does the way we talk about refugees impact on the way other people think about refugees and treat refugees? Think about the way information spreads. To help you do this think about the way jokes spread. How can jokes cause harm, even when they are not meant to be serious? The following statements are taken directly from the mission statement of Britain First, a British organisation dedicated to protecting the welfare of its citizens, by the removal of refugees: “We want our people to come first, before foreigners, asylum seekers or migrants and we are overtly proud of this stance.” “We will restore Christianity as the bedrock and foundation of our national life as it has been for the last one thousand years.” “Immigration is spiralling out of control placing unsustainable demands upon this country’s resources, with health care, housing and the environment all being seriously damaged by these unbearable and unfair burdens.”

“We will make Britain a beautiful country once again where you can leave your door unlocked and your children can play in the streets.” These statements make sweeping generalisations and reinforce many stereotypes of refugees. Many individuals and organisations are making appeals for Britain First to be shut down, claiming that Britain First promotes prejudice, conservatism and active opposition against refugees and foreign migrants. Are these statements hate speech? Should Britain First be allowed to express and popularise these views? Give your reasons why.

Step 2: Freedom of Expression and Hate Speech What does the South African Constitution say about freedom of expression and hate speech? Give learners the hand-out on freedom of expression. Do you feel that our freedom to express ourselves is useful? Are these rights explicit and fair enough to protect all those involved? Can you think of any scenarios where a statement isn’t technically hate speech, yet still causes harm?

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Step 3: Assessing statements I am going to read some statements. You need to decide whether you think they are hate speech. Give clear reasons why. Remember: you are discussing whether you believe a person should be allowed to say these things, not whether you agree with them or not.

All refugees must leave. Anyone who supports Isis should be shot. White people are all the same. Kill the terrorists! The swarm of migrants brings disease that festers in our economy. Exterminate these Tutsi cockroaches. Of course Asian people are smarter. The Nazis were right. Fight for your people! Please kill yourself. In my experience, Christians are just better people.

Have you heard any of these statements before, or any others that are similar? If so, where did you hear them? Would you consider that source a reliable source of information? What makes the author an authority on the matter? What evidence or justifications have you heard given for these claims? Who benefits from perpetuating these kinds of statements? If people donâ&#x20AC;&#x2122;t question statements such as these, and just believe them to be true, what kinds of effects would that have on our society?

How would you convince someone who held these views to change their mind? How would you find objective evidence to support your argument? Would gaining access to diverse sources of information help inform your opinion on these statements? How would you go about finding more diverse sources? Are refugees even given the platform to express their opinions as primary sources on refugee issues? What assumptions could someone make about you, only knowing you came from South Africa? Would these assumptions be true? The hand-outs that you can copy are found on the following pages.

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FREEDOM OF

EXPRESSION

AND HATE SPEECH

Amartya Sen suggests that democracy is not so much about creating democratic institutions or voting as it is about exercising public reason and making a place for individuals to participate in public decisions that affect their lives and livelihoods. “Public reasoning includes the opportunity for citizens to participate in political discussions and to influence public choice. Balloting can be seen as only one of the ways— albeit a very important way— to make public discussions effective, when the opportunity to vote is combined with the opportunity to speak and listen, without fear.” Sen, A (2005) The Argumentative Indian: Writings on Indian History, Culture and Identity. London: Allen Lane. Democracy is about

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participation in a dialogue, an on-going political project. This process usually has high-energy transformative moments, but on the whole it is slow (a reality which those in power exploit to their advantage). Permanent political engagement is exhausting. At some point people outsource it. The challenge then becomes: how do we ensure that people are represented in the dialogue? How do we maintain it? Protecting the freedom to disagree forms the basis for growing knowledge and for continuing to find ways to develop our democracy further. This means being able to listen to points of view that are different to yours. It also means being able to find mutually beneficial ways to disagree with each other, engage feedback and collaborate to design the best solutions possible.

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Have a conversation in order to understand, rather than an argument in order to win. Treating someone with respect is not the same thing as respecting what they believe. You have to respect the right of someone to express their opinion, but you do not have to respect or follow that opinion. You are free to disagree, criticise and offer alternatives. As Voltaire famously put it, “I disapprove of what you say, but will defend to my death your right to say it.” Section 16 of the Bill of Rights in the Constitution of South Africa states: “1. Everyone has the right to freedom of expression, which includesa. freedom of the press and other media; b. freedom to receive or impart information or ideas; c. freedom of artistic creativity; and d. academic freedom and freedom of scientific research. 2. The right in subsection (1) does not extend toa. propaganda for war; b. incitement of imminent violence; or c. advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.” Every person has the right to express how they feel, even if those expressions are not the same as others. This may be done by, for example, participating in a public protest without breaking any laws.

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The Bill of Rights has three provisions, which – taken together – protect the right to peaceful political protest. • Section 16 protects freedom of expression, so long as it does not involve distributing war propaganda, or inciting violence or hatred. • Section 17 protects your right to assemble, picket, demonstrate and present petitions, so long as you behave peacefully and are unarmed. • Section 18 protects your right to freedom of association. The government is only allowed to limit these rights in very specific circumstances. In the terms stated in Section 36, these limitations must be “reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom.” It is up to the courts to decide whether government limitations meet this requirement.

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LESSON THREE

XENOPHOBIA

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Aims: • think about how generalisations and negative assumptions based on the label of ‘foreigner’ function to reinforce xenophobia • grapple with the constructed nature of borders and nationality • engage with a complex and challenging article in order to understand and integrate the key points into their growing understanding of refugee and asylum-seeker issues

Materials: • Life of Liminality article

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PROCESS 226

Step 1: Read ‘Life of Liminality’ Give learners the article, ‘Life of Liminality.’ If you are unsure about some of the words, check the glossary at the end of the article. If there are any other words you don’t know please ask your fellow learners or use a dictionary. Allow learners time to read and discuss main points

Step 2: Discuss ‘Life of Liminality’ In Gaspard’s story, what reason is given by the people who complained, thinking there was a drug ring in the rooms Gaspard was letting? Was this a valid reason or was it a big assumption? Xenophobia often functions by creating assumptions and generalisations about foreigners. One assumption people make is that ‘foreigners steal our jobs’. In the article both Gaspard and David are self-employed. They create their own jobs. Does the assumption apply to them? Many foreigners are selfemployed, for example as shop-owners. Some foreigners employ South Africans and create jobs for South Africans.

Think about the salon that is described in the article. It is a place of great diversity. Are there disadvantages or challenges that come with diversity? What benefits can be gained by having diverse cultures, languages and skillsets? David says that South Africa’s borders are ‘man-made’. South Africa is a very diverse country. What makes someone South African? Is it only a legal document? Is there such a thing as a real South African? If so, what defines a real South African? If not, then what makes foreigners different to South Africans? Borders and legal nationalities create formal categories among people. Do you think if they were gone xenophobia would end? The hand-outs that you can copy are found on the following pages.

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A LIFE OF LIMINALITY IN SOUTH AFRICA: STORIES FROM AFRICA’S REFUGEES by Kim Harrisberg

In 2008, a series of xenophobic attacks stampeded through South Africa, leaving foreigners murdered, injured and displaced. Conversations with academics, researchers and African refugees paint a picture of the liminal state of living for foreigners, whose presence should be seen as socio-economically valuable to shun the xenophobic monster waiting to pounce again. “You see this here?” says Gaspard. His finger runs back and forth over a thin, silver scar that wraps around his ankle. “This was where the security guard cut me. I was also shot at twice, but luckily he had bad aim.” Gaspard’s crime? Running an underground drug ring, or rather, that was what the policeman had assumed.

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Originally from the Democratic Republic of Congo, Gaspard had fled conscription to the army 13 years ago and has been living in South Africa ever since. He tells me his story as we sit in my Cape Town flat where he has brought two other African immigrants from Malawi to repaint the walls. What began with seeking petty door-to-door work when he first arrived in South Africa, led to a Frenchman picking up Gaspard’s accent and teaching him all he knows and uses in his work as a successful handyman in the Cape Town area. The attack on Gaspard took place in 2006 after Gaspard had responded to complaints about the racket coming from

the rooms he was subletting in the coastal town of Muizenberg. “The tenants were celebrating. It was the African Cup of Nations and Togo was playing DRC. The neighbours heard cheering in a language they did not understand, and assumed it must be some drug ring.” says Gaspard, shaking his head with incredulity. Gaspard is one of many foreigners living in South Africa. The South African national census data of 2011 records 3.3% of the South African population as foreigners, that’s approximately 1,692,242 individuals. Of these, the United Nations High Commission for Refugees reports that 296,675 fall under “concern”, with 65,881 registered as recognised refugees, and 232,211 registered as asylum seekers. Gaspard’s story of xenophobia is not an anomaly. In May 2008, attacks swept through South Africa, leaving 62 violently murdered, 670 injured and 150,000 displaced. Since then, the odd story of targeted violence against foreigners rears its ugly head now and then, although not in the same magnitude as 6 years prior. The violence that left people necklaced, macheted and stoned has triggered academics, researchers and policy planners to come together to discuss and research the current and future influx of foreigners into South Africa, as well as the lingering stigmatisation held by South Africans towards them, even today.

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Understanding and Battling Xenophobia “South Africa has wonderful legislation,” says Arvin Gupta, a senior United Nations High Commission for Refugees (UNHCR) protection officer. “They also have some of the highest standards when it comes to domestic law, but it is the implementation of these laws that is the problem.” I sit with Arvin Gupta and James Chapman, an attorney at the University of Cape Town’s Law Clinic, in the student cafeteria of the University’s Law Faculty. But what is the reason this legislation is poorly implemented? Bureaucracy? Xenophobia? Apathy? “Lack of implementation is largely dependent on capacity. The government is struggling with a huge backlog of refugee applications. What happens is people are waiting for their rights to be actualised,” says Gupta. “When it comes to xenophobia, there is no simple answer,” adds Chapman. “We feel that challenging xenophobia depends largely on education, and the UNHCR is behind many programmes attempting to change this stigma against foreigners.

Indeed, the UCT Law Clinic and the UNHCR are among a plethora of research institutes and organisations working towards understanding how the lives of millions of Africans can be bettered through advocacy, legislation, improving the capacity of government institutions, civil society campaigns, as well as education. Yet the number of initiatives also bear testimony to the seriousness and size of the marginalisation faced by the millions of African foreigners finding their way to the tip of their continent. The Numbers and the Collage of Cultures The South African Department of Home Affairs monitors the origin of South Africa’s refugees, reporting 34,000 originating in Southern Africa; 12,000 from East Africa; 9,000 from Ethiopia and Somalia alone; and 10,000 from West Africa, of which 7,300 are Nigerian. A total of over 70,000 new asylum seekers were registered between January and December 2013. This eclectic African melting pot accounts for the collage of languages, accents, garb and foods that bring life to the Cape Town streets. Kiswahili, French and Arabic are heard among the isiXhosa. Zulu beadwork is sold alongside Senegalese artwork, Nigerian fabrics, and Congolese

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hair extensions. On the surface, the diversity seems congruent, harmonious and rich. Yet, once again, stories of bubbling xenophobia and discontent are not hard to find. “You know, South Africans easily forget. They forget that during apartheid, the whole of Africa was fighting their struggle alongside them,” says David, a Nigerian businessman. I sit opposite David in a low-budget hair-salon in Claremont, Cape Town. “When we paid our school fees in Nigeria, we also set aside a sum of money to be sent to the antiapartheid struggle. The apartheid struggle was an African struggle. But South Africans seem very quick to remind us of the manmade borders that divide our beautiful continent.” The salon is a breathing symbol of camaraderie and innovation among African migrants living in Cape Town. Alongside the Burundian barbers works a Nigerian seamstress (who also accepts payments from customers wanting a game of pool at the pool table in the corner). Next to the colourful African fabrics, dresses and skirts is a Bangladeshi cell phone merchant, who both sells and repairs second-hand phones. “We could not all afford this space alone,” says John, the dread-locked Burundian barber. “If we all split the rent and the space, then we can make it happen.”

Africa’s Brothers and Sisters Migration has been a fundamental part of South African history. Migrant labourers formed the foundation of South Africa’s mining industry during the apartheid years. As Pughes writes, “immigration policies were specifically designed alongside racialised lines to support the segregationist goals of the regime.” Now, as migration across African borders continues, government officials hold a renewed responsibility to ensure that the written rights of asylum seekers, refugees and immigrants are made a reality. This responsibility lies with authorities, and with individuals too. Acknowledging the potential socio-economic value offered by migrants is a step towards them moving away from liminality, and towards stability. “No country is politically stable forever,” David says to me before I leave the Claremont hair salon. “We only had to leave our countries because, at times, it was too unsafe not to. I only hope that if South Africans ever have to flee their country too, they will remember how that feels, and how they expect to be treated by their African brothers and sisters.”

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Adapted from: Kim Harrisberg (2017) A life of liminality in South Africa: stories from Africa's refugees. Contributoria - people supporting journalism, January 2015. Accessed 03 December 2017: http:// www.contributoria.com/issue/201501/54550fc4083e5e7b1a00008a.html.

Glossary The glossary defines the word as it is used in the article. Some of the words also have alternative meanings in other contexts. Liminal: situated at a border or threshold; occupying two worlds simultaneously Socio-economic: relating to both the symbolic interactions between people (social interactions) and the physical interactions between people (economic interactions, relations of production and consumption) and the relationships between these interactions. Something is â&#x20AC;&#x2DC;socio-economically valuableâ&#x20AC;&#x2122; when it contributes to the relations between people and the productivity of the country. Conscription: forced enlistment in a state service, normally the army Anomaly: a once-off event, something that does not happen frequently Bureaucracy: overcomplicated and long administrative procedure Apathy: not caring about an issue Plethora: a large group Advocacy: supporting a cause and spreading awareness about it Eclectic: diverse

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Other things to try:

Positive and Negative Rights In the article Arvin Gupta says that the main reason South Africa has failed to actualise the rights of refugees and asylum-seekers is that we do not have the resources. Debate whether this is a valid reason to deny someone their rights. Some of the rights refugees have, like the right to work, are negative rights. The government does not have to provide anything in order for a refugee to work but they cannot get in the way of a refugee who wants to work. Does Gupta’s argument apply to these rights? Other rights, like the right to healthcare, are positive rights. In order for a refugee to receive medical treatment the government must expend resources in providing a service. Does Gupta’s argument apply to these rights? If positive rights depend on the government’s wealth and there is therefore a clear limit to how much it can provide, should these rights then be granted as human rights in the Constitution?

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LESSON FOUR

WHAT QUALIFIES SOMEONE FOR REFUGEE STATUS?

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Aims: • engage with UN Convention definition of ‘refugee’ • learn about the UN Universal Declaration of Human Rights • debate by engaging disagreement and respecting each others’ rights to express their opinions

Materials: • UN definition of a refugee

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PROCESS 236

Step 1: The United Nation’s definition of a refugee. The United Nations 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, defines a refugee is a person who: “owing to well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.”

Step 2: Discuss the United Nation’s definition of a refugee. Do you feel the UN definition is fair, and covers all the possible scenarios in which you would want to protect fleeing individuals?

Think about: • forced marriage, • child marriage, • gender discrimination that prevents girl children from going to school, • discrimination against your sexual orientation that threatens you with imprisonment, torture and death, • natural disasters, • your government’s failure to protect you from slavery. According to ‘The Life of Liminality’ article completed in one of the earlier lessons, Gaspard is trying to seek refugee status for attempting to flee conscription. He does not want to be forced to go to the army and fight in a war he did not support. Do you feel that this should be considered as a valid reason for granting refugee status? If so, why? And if not, why not?

Step 3: Economic migrants What if you believe that your economic status in your country can never change, no matter what you do? Does that qualify you as a refugee? The UN definition excludes people leaving their country to escape poverty. These people are usually referred to as economic migrants, and are usually not granted refugee status within UN-abiding nations.

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For example, since the South African government doesn’t consider Zimbabwean citizens’ lives to be in immediate danger, they are considered economic migrants, and are denied refugee status.

Step 4: What do you think should qualify someone as a refugee? What set of criteria, or what kinds of human rights violations, should immediately qualify someone for refugee status? Try your best to include everyone’s opinion in the class. Allow the class time to discuss. How does your list compare to the definition given by the UN? Can you think of any other scenarios in which the UN definition perhaps doesn’t protect the rights of individuals in danger? Should we award refugee rights to every individual whose human rights are being violated? The hand-outs that you can copy are found on the following pages.

You may not be able to imagine being forced from your home. The refugees who have fled persecution and discrimination, war and natural disasters, also couldnâ&#x20AC;&#x2122;t imagine it â&#x20AC;Ś until it happened.

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Excerpts from ‘Refugee Stories’

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LESSON FIVE DIFFERENCE AND DISCRIMINATION

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Intersectionality refers to the way different social identities (race, class, gender, sexual orientation, disability, place of origin, etc.) and the social structures that are designed to oppress them often interlock and intersect, oppressing a person in more than one way, with each form of oppression changing, adding complexity and intensifying the others. The term intersectionality was first coined in 1989 by American civil rights advocate and leading scholar of critical race theory, Kimberlé Williams Crenshaw, and gained prominence in the 1990s with the work of sociologist, Patricia Hill Collins. It started as a critique of the way black women had been excluded from both the feminist discourse and the civil rights movement. The experience of intersectionality can create complex internal contradictions in which different categories of oppression compete for primacy within an individual or a community.

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Aims: • understand how many different forms of discrimination can act against one person, with each form of oppression changing, adding complexity and intensifying the others • understand how the different social structures that are designed to oppress people often interlock and intersect, oppressing a person in more than one way, because different forms of discrimination operate according to similar mechanisms

Materials: • forms of difference table

PROCESS 242

Step 1: Completing a table on difference and discrimination Give learners the table that explores difference and discrimination. In most forms of oppression some perceived difference has been categorised and given a value that is then used to justify harmful forms of ongoing discrimination. Work together in a group. Look at the table in your hand-out. It invites you to identify types of difference and the labels, identities and kinds of discrimination associated with them. Where you can try to add words from all the home languages represented in your group.

Step 2: Discussing the table on difference and discrimination Allow groups to share their experience, before exploring further. What is the difference between labels and identities?

A label can be seen as something imposed on individuals from the cultures around them. An identity is something you choose. A label can put people in a box they have not chosen to be limited by. An identity they choose for themselves is a form of self-determination. What are the common ways in which all these forms of discrimination operate and are reinforced? All forms of discrimination operate in similar ways. Perhaps you are discriminated against because you are a refugee, or a woman, or belong to a perceived race group, or are gay, or are disabled. You have been labelled because of some perceived difference that others think defines you. Once the label exists and someone has decided it matters, it leads to all sorts of social practices like: • name calling; • the telling of stories that perpetuate stereotypes and rumours; • social hierarchies; • exclusion from certain spaces, groups, activities and opportunities; • the creation of unfair rules; etc. How we talk about difference can cause harm, especially when we are just copying the discriminatory practices of others without thinking for ourselves. Where did you inherit your prejudices from?

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Step 3: How do different forms of discrimination influence each other? How do different forms of discrimination influence each other? There is often more than one way in which a person is oppressed. The multiple experiences of oppression not only add to the overall weight of oppression, but also change the individual’s experience of each form of oppression. A person who is disabled and a woman will have an experience of being oppressed as a person who is disabled that is particular to women, and an experience of being oppressed as a woman that is particular to disabled people. Oppression is as complex and multiple as identities are. Many women who participated in the liberation struggle in South Africa have expressed how they have continued to be oppressed under the patriarchal traditions of the very people they helped to liberate.

Why is it that very often people who have experienced oppression themselves oppress others? When people feel powerless they often try to have power over other people wherever they can. Think about a man who is unemployed and feels a loss of self-esteem, dignity and agency, because he cannot work. He might exercise his power against women or against refugees, because the community he is living in already discriminates against these people. He uses the existing social divisions based on difference to find opportunities to wield power. In this way he tries to regain a feeling of being in control. He becomes an oppressor, even though he knows what it is like to be oppressed. In this way fellow Africans are discriminated against. In this way female refugees often experience further oppression as women in their own communities. The concept of human rights challenges this way of thinking and provides a rational way of thinking about the basic universal requirements for individual and collective wellbeing â&#x20AC;&#x201C; no matter what the context. In our democracy, human rights protect minorities, even when the majority disagrees. Human rights prevent a democracy from becoming the tyranny of the majority.

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Step 4: Exploring positions of privilege and oppression Our Constitution is based on the value, or organising principle of equality, ensuring that all people are protected from discrimination based on difference, no matter whether that difference is race, gender, sexual orientation, age, disability, belief or place of origin. Our Constitution calls us to build a society based on dignity, equality and freedom. Crucial in 21st century discourses about diversity and inclusion in socio-economic opportunities, is the idea that being regarded as equal is not enough. This is because of specific privileges experienced by the â&#x20AC;Ś

• • • • • • • • • • •

•

• • • • •

•

white, male, heterosexual, adult, conventionally-abled (as opposed to differently-abled), English speaker, middleclass, urban (as opposed to rural), property owner, capitalised wealthy elite (as opposed to almost everyone else), neo-liberal capitalist (as opposed to the possibility of alternative economic value systems as represented in the economies of our BRICS partners or the value systems of traditional communities), practitioner of western scientific knowledge systems (as opposed to indigenous knowledge systems), Judaeo-Christian (as opposed to other religious traditions), religious (as opposed to the agnostic or atheist), “good looking” according to dominant body-image conventions, employed, married parent and nuclear family (as opposed to other kinds of relationships and family structures), South African national (as opposed to the African foreigner),

… privileges that are subtly hidden and reproduced in social hierarchies, moral binaries, prohibitions, the use of language, categories, media, institutional structures, access to technology and the symbolic use of space.

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How can we challenge the unfair and unjust ways in which power reproduces its privileges and oppression? This begins by understanding the way power manipulates our experience of difference. You are surrounded by difference, but you only experience some of those differences as making a difference to you. It is the bits that you think make a difference to you that you pay attention to and allow to inform your attitude, decisions and actions. You have a limited amount of energy so you tend to pay attention to a limited amount of difference. To manage your energy limits, reduce your effort and not work everything out from scratch each time, you make generalisations. These generalisations can become useful heuristics. Heuristics make assumptions about something on the basis of only a small amount of information - without spending huge amounts of energy to get all the information. We then outsource all future explanations to those heuristics.

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While heuristics are a kind of energy-saving shortcut, they become dangerous when the information you are dealing with becomes more complex, and instead of providing you with a useful short cut, your heuristics produce superstitious prejudices, irrational stereotypes and unjust discrimination. This danger is compounded when those in power turn these superstitious, irrational and unjust generalisations into formal labels and institutionalised categories of privilege and oppression. Those who have social power (parents, priests, pedagogues, politicians, propagandists, profiteers) inform my experience of difference, through these labels and categories â&#x20AC;&#x201C; and the expectations associated with them.

distribution of resources and opportunities. In this way, those who are in power can control how energy (including food, electricity, labour and money) flows through the social, political and economic system. An example is the way expensive clothing signals social status and excludes participants who are dressed inappropriately.

The experience of these categorised differences as primary organising principles, by both the privileged and the oppressed, is then reproduced as a set of cultural assumptions, through language, through narratives, through the organisation of space, through what is accepted as currency in transactions and through the

By constructing what differences matter, those in power determine what transactions are made and how people exchange their attention, energy and time. In this way they ensure that positions of privilege and oppression are reproduced in space and over time. We say â&#x20AC;&#x153;over timeâ&#x20AC;? because this reproduction of privilege and oppression has a history that supports it and entrenches it, usually unconsciously, in the way people experience themselves and each other.

South African academic, Melissa Steyn, makes the point that it is people in power who persuade others what differences matter most. Steyn M (2015) Critical diversity literacy: Essentials for the twenty-first century. Vertovec S (ed) Routledge International Handbook of Diversity Studies. Routledge: New York.

One of the most important tasks of critical thinking is to make us aware of the limitations of our generalisations and to recognise when we need to make the effort to understand complex systems: • the context (the social structure or ecological system we are participating in), • the connections (what energy, information and materials are moving between, and being exchanged between, the mutually influencing variables in the system – including people, processes, products and propositions), and • the consequences (what happened to cause this, what is changing here and what is going to happen next). Critical thinking can help us realise that there are certain kinds of difference that we cannot experience as neutral, because they have been deliberately created and used to oppress people.

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Race, for example, is not an objective category that can be used without engaging the oppressive intent that lies behind its creation. Race was created in order to oppress, to justify slavery and colonialism, and to exploit a labour class. Other kinds of difference, like gender, class, sexuality and ability, may on the surface appear to be a reasonable and obvious category, but cannot be thought of without simultaneously activating cultural assumptions about the way these differences have been used to justify the oppression of people. The hand-outs that you can copy are found on the following pages.

EXPLORING DISCRIMINATION BASED ON PERCEIVED DIFFERENCE Social category of perceived difference

Forms of oppression based on perceptions of that difference

Identities based on a personal association with that difference

Stereotypes created by others based on generalisations.

This table has been adapted from the work of Melissa Steyn and Finn Reygan. Reygan F & Steyn M (2017) Diversity in basic education in South Africa: Intersectionality and Critical Diversity Literacy (CDL). Africa Education Review, September 2017.

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FET PHASE

LESSON SIX

THE ARRIVAL CITY

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How is your city or town experienced form the perspective of a refugee? In this lesson learners will perceive how spaces that are familiar to them are experienced differently by refugees; also, how spaces that are perhaps unknown to them are often explored and utilised by refugees.

Aims: • give learners an opportunity to experience their city or town from the perspective of a refugee • learners integrate everything they have learnt so far on migrants, asylum-seekers and refugees into a final project • disrupt learners’ assumptions about their city or town and challenge them to explore alternative perspectives, conceptually explore unfamiliar spaces in it, and see the same spaces differently

Materials: • list of needs that refugees have when they arrive in a city (below) • extracts from Doug Saunders’s Arrival City (below)

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PROCESS 252

Step 1: Introduce the project Give learners the table that explores difference and discrimination. In this project you are going to think about the ways in which refugees might experience your city (town). You are then going to create a model or a map of that experience as you imagine it. We are going to call it the Arrival City. You are going to think about how it is different from your experience of the same city. You will be free to create that model or map any way you like as long as it illustrates what you imagine a refugeeâ&#x20AC;&#x2122;s experience is like. What are maps used for? Are maps accurate? Can you think of some examples of alternative maps? Think about tourist maps that highlight places of historical interest. Think about a map that a civil engineer might use to solve a loss of power (flow of electricity) in a part of the city. Think about a map that shows you all the gyms your membership allows you to attend. Think about a map that focuses on bus routes or train routes and ignores everything else. Think about the kind of map that military forces may use to plan an attack.

What happens when you search for something on Google Maps? What happens when you search for something on a GPS?

Step 2: Think about spaces, routes and resources First let’s think about it to generate some ideas. How does someone who arrives in a new city experience that city? How can you distinguish people who are new to a city from people who have lived there long? What do refugees need to establish themselves, to feel relatively safe and to start creating a livelihood in the new city? A map of a city doesn’t show a refugee everything they need to know. What information that would be useful for a refugee does a map leave out? What do refugees need to map out so they can move safely and access the things they need? Allow a discussion on this before continuing and filling the gaps the learners have not thought of. Canadian journalist Doug Saunders describes the process

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of establishing yourself in the Arrival City. He is speaking about migrants coming from rural areas, but the same applies to other kinds of migrants and refugees. “Arrival cities are built on the logic of the bootstrap: as a rural outsider without a real urban income, you cannot possibly afford to live in the city, but in order to escape being a rural outsider, you must first have a place to live in the city. This paradox has two solutions. First, you rely on your network of fellow villagers to find you a temporary berth in the city. Then, you organize and find a way to set up a house at a fraction of urban cost, by seeking out the property that is least desired or largely abandoned by urbanites, places that are too remote or inaccessible or ill-served by transport and utilities, or those that are, for geographic or climatic or health reasons, considered uninhabitable: the cliffsides of Rio de Janeiro and Caracas, the sewage-filled lagoons of east Asia, the verges of garbage dumps and railway tracks and international airports, the fetid riverside floodplains of many, many cities.” - Doug Saunders, Arrival City – how the largest migration in history is shaping our world (2010). Discuss the extract.

In your groups make some notes about what your model or map should show. What are some of the spaces, routes or resources that refugees need to identify quite quickly when they enter a new city? Share the list of ideas below as a hand-out. What links can these people keep with their homes? Do they send money home? What can the city give them and what can they give the city? Share the extracts from Doug Saunders’s Arrival City – how the largest migration in history is shaping our world (2010).

Step 3: Explore some examples that other artists have used to create alternative models or maps of cities We are going to look at the maps of other artists for inspiration. You do not have to copy any of these, but you can allow them to stimulate your ideas. Share the hand-outs on: • Guy Debord’s 1957 map ‘The Naked City’ • Mapping future growth in Pasadena • London Town by Fuller Allow learners to go online if possible to explore these references further. This will stimulate other discoveries.

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Step 4: Brainstorm ideas on how to design your arrival city Now brainstorm some ideas on how you are going to design your arrival city. First try to get as many ideas as you can. Donâ&#x20AC;&#x2122;t judge any idea yet. Rather focus on getting lots of options. You can critique them and choose one later.

Step 5: Choose your approach Now you are going to have to choose a method, or combine some of the methods you have spoken about, in order to design your arrival city. Plan exactly what you are going to do step-by-step, and who is going to do what.

Step 6: Create your model or map You can copy the images found on the following pages as references for the project.

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When you are creating your 3D model or 2D map think about: • • • • • • • • • • • • • • • • • • • • • • •

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where you can get shelter and protection from the elements spaces that are safe areas where there are other refugees who will be supportive places where there are people who will share valuable information what dangerous places and routes you need to avoid where you can get food where you can get medicine the closest pharmacies, clinics and hospitals where you can wash your clothes where you can store valuables safely where you can exchange valuables like jewellery how to avoid the police how to avoid local gangs that will try to intimidate and exploit strangers safe spaces for children to play where you can get work the safest modes of transport routes to all the most important destinations home affairs where you need to sort out your papers organisations that will offer assistance where you can get legal advice where your children can go to school where you can learn the main language spoken in the city places you cannot access safely without bribing someone

Some extracts from Arrival City by Doug Saunders • The name of this project has been taken from a book by Canadian journalist Doug Saunders: Arrival City – how the largest migration in history is shaping our world (2010). The book explores the way the presence of migrants and refugees transforms cities. The transitional spaces that they create have incredible potential to add value or to become flashpoints depending on whether we pay attention. • “The arrival city is a machine that transforms humans. It is also, if allowed to flourish, the instrument that will create a permanently sustainable world … • The arrival city is both populated with people in transition—for it turns outsiders into central, “core” urbanites, with sustainable social, economic, and political futures in the city—and is itself a place in transition, for its streets, homes, and established families will either someday become part of the core city itself or will fail and decay into poverty or be destroyed. • The arrival city can be readily distinguished from other urban neighborhoods, not only by its rural-immigrant population, its improvised appearance and ever-changing nature, but also by the constant linkages it makes, from every street and every house and every workplace, in two directions. It is linked in a lasting and intensive way to its originating villages, constantly sending people and money and knowledge back and forth, making possible the next wave of migrations from the village, facilitating within the village the care of older generations and the education of younger ones, financing the improvement of the village … • While overbearing urban planners will always exist, the larger logic of the city is inescapable: New people create new economies, and those economies develop best when those people, no matter how poor, are able to stage their arrival in an organic, self-generated, bottom-up fashion … • The arrival city wants to be normal, wants to be included. If it is given the resources to do so, it will flourish; without them, it is likely to explode. The arrival city is not a static, fixed place. Rather, it is a dynamic location headed on a trajectory. It is within our power to decide where that trajectory leads.”

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Guy Debord's 1957 map ‘The Naked City’ Guy Debord was part of the avantgarde Situationist movement (19571972). One of the things this movement did was to try to explore the limitations of urban society. Debord’s alternative map of Paris tries to explore a journey through the city that is not constrained by the strict structures of a map. He instead “drifts” through the city experiencing 19 fragments that have been freed from the map’s authoritative structure and randomly rearranged. In this way he challenges the idea that there is only one way of seeing the city and navigating the city. This is not an objective city but a subjective city.

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What and whom do we challenge when we break a map into fragments like this? In his book, Society of the Spectacle (1967), a manifesto for the situationist movement, Debord challenges the image of the city as presented by authorities through the media. He suggests that there are other cities that lie hidden behind the artificial one created by media. He called the artificial city the Spectacle. To challenge the Spectacle the Situationists created methods for exploring these other hidden cities. They called this approach Psychogeography, which Debord defined as â&#x20AC;&#x153;the study of the specific effects of the geographical environment, consciously organized or not, on the emotions and behaviour of individuals.â&#x20AC;? In your Arrival City project you could take an existing map and distort it, fragment it, break the spectacle open to reveal what is underneath. You could also create an alternative map based on how you imagine refugees might be forced to look beyond the spectacle and experience another city, one relevant to their needs, hiding beneath it.

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Mapping future growth in the city of Pasadena

http://www.ci.pasadena.ca.us/GeneralPlan/Alternatives/

If you look carefully you will see that this drawing has been made on top of a map of the city of Pasadena. It shows one of a number of land use plans that the city created to explore alternatives for future growth. A number of maps like this were produced to share ideas with

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residents and businesses in the city, and to get feedback from them, before proceeding with developing a final plan. In your Arrival City project you could take an existing map of your city and draw on top of it.

London Town (2005 – 2015) by Fuller http://www.fullermaps.com/london-town

This drawing by the map artist, Fuller (aka Gareth Wood), took ten years to complete. It is a subjective interpretation of the city of London. Fuller says,

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“London Town is a homage to our youth. The raw emotions you feel about a place – a love letter to the city.”

Look at the angle he has drawn it from. It is an aerial view but it allows you to see the structures as if you are looking at them head on.

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It is full of humour. The clock on Big Ben has been replaced with a question mark and the Houses of Parliament are a circus. Dollar signs spew from the “gherkin” building in the financial district and homeless people sleep under bridges. It is also intensely personal. Two crosses on the map represent friends who died.

on contemporary society, though personal thoughts and memories are given almost equal prominence. The drawings can be symbolic and contain hidden meanings or stories. Sometimes these stories are personal but by no means not unique to me; the discovery of a secret place, the good friends I’ve made for life and witnessing the forever changing skyline.”

“The drawings are a documentation of our experiences and the superculture that holds London together. The work looks forward to the future while firmly grounding us in the reality of now. It is peppered with comments

- Fuller on his work London Town For more details see: https://londonist.com/2015/10/explore-thisintricate-map-of-london-by-fuller

FET Lesson: The Arrival City Other things to try: Background material:

1. Watch Refugee Republic (https://refugeerepublic. submarinechannel.com/), an award-winning innovative interactive map (using the Leaflet. js mapping platform) of Domiz Refugee Camp in Iraqi Kurdistan. The camp was established in

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April 2012 to host Syrian Kurds. Originally built to house 38,135 people, it now holds 57,953 refugees. Visual artist Jan Rothuizen, journalist Martijn van Tol, and photographer Dirk Jan Visser created this interactive documentary.

BACKGROUND INFORMATION

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BACKGROUND

INFORMATION

HUMAN TRAFFICKING

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What is human trafficking? The United Nations (UN) Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (UN General Assembly Resolution 55/25) defines human trafficking or trafficking in persons as: â&#x20AC;&#x153;the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.â&#x20AC;? Simply put, human trafficking is the movement of people (within a country or across borders) against their will for the purposes of exploitation.

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Traffickers in human beings recruit, abduct, purchase, transport, transfer, sell, confine, and control people for the purposes of exploitation (without payment or reward). Victims may be exploited for:

Sometimes the person who is being trafficked is paying off a debt or that of their family (unrelated to their entrapment). This is known as debt bondage.

• prostitution or other forms of sexual exploitation, including child marriage; • forced labour on a farm, in a factory, in a mine, or on a construction site; • involuntary domestic servitude; • recruitment into armed forces (in particular as child soldiers); • removal of their organs, which are then sold.

Sometimes traffickers pay the victim’s family, literally buying the person.

Human trafficking can happen within countries, as well as across borders. The Global Slavery Index (2016) estimates that 45.8 million people are subject to forms of modern slavery in 167 countries. One in four victims of modern slavery are children. People are often deceived by promises of work. Once they arrive at their destination (often in a foreign country), they are told that they will be confined to a space until they have paid off the costs of their transport and accommodation. The cost keeps going up, as they need food, clothes and medication. They are not free to move on their own, continue to be confined against their will, and have no way to refuse any demand.

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Sometimes a person is contracted (often through force) to work without pay for a certain period. This is known as indentured servitude. People don’t always know that they have been trafficked or enslaved. There are, for example, third generation slaves working in mines in central Africa. According to the United Nations Office on Drugs and Crime Global Report on Trafficking in Persons (2016), 64% of people trafficked in Sub-Saharan Africa are children.

Refugees, and refugee children in particular are at a high risk of human trafficking. Smugglers who offer to transport them across borders often sell them, against their will, into various forms of exploitation. Even when refugee children have reached their desired destination they remain vulnerable, because they are living in the margins of society, in secret, with no one looking out for them. “Deprived, unprotected, and often alone, children on the move can become easy prey for traffickers and others who abuse and exploit them ... Wherever families and children desperate to move encounter barriers, smuggling in human beings thrives. Smugglers range from people helping others in need for a fee to organized criminal networks that deliver children into hazardous and exploitative situations. Once children and families place their fates in the hands of smugglers, the transaction can readily take a turn towards abuse or exploitation – especially when children and families incur debts to pay smugglers’ fees. Europol estimates that 20 per cent of suspected smugglers on their radar have ties to human trafficking – they help children cross borders, only to sell them into exploitation, sometimes akin to contemporary forms of slavery. Some routes are particularly rife with risks. In a recent International

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Organization for Migration survey, over three-quarters of 1,600 children aged 14–17 who arrived in Italy via the Central Mediterranean route reported experiences such as being held against their will or being forced to work without pay at some point during their journeys – indications that they may have been trafficked or otherwise exploited. Traffickers and other exploiters thrive especially where state institutions are weak, where organized crime abounds, and also where migrants become stuck and desperate.” - taken from A child is a child: Protecting children on the move from violence, abuse and exploitation (2017). New York: United Nations Children’s Fund (UNICEF). Viewed on 5 January: https://www. unicef.org/publications/index_95956.html

There is not a lot of research available on human trafficking in, from or to South Africa. Other forms of exploitation by smugglers and criminal gangs, like sexual abuse, violence and theft, are more commonly reported. And while refugees in the country may not be victims of slavery, they are often exploited as labour for very little pay, especially in largely unregulated or unmonitored sectors such as domestic work, farm labour and forms of casual construction work. While this is not a form of human trafficking it is still exploitation and a violation of the human rights of those refugees. Some refugees feel that they have few options available to them and as a result choose to work as sex workers or become involved in criminal activities. This should not be confused with human trafficking. As teachers we can help learners become aware of human trafficking as well as all the other ways that marginalised people are exploited. “Trafficking and smuggling thrive when other routes to safety are closed to people fleeing war, persecution and destitution. The risks are particularly acute for children, many of whom have already suffered violence, abuse and exploitation before they reach their destination, only to be vulnerable to more when they get there. Ensuring that safe and legal routes are in place is a key step to achieving the SDG 10.7 target on

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‘facilitating orderly, safe, regular and responsible migration and mobility of people, including through the implementation of planned and well-managed migration policies’.” - A new deal for every forcibly displaced child (2016) London: The Save the Children Fund. Please bear in mind that statistics that are cited by the media (often for sensational purposes), advocacy organisations and government departments are not always based on verified research. It is extremely difficult to collect data on something that by its nature is hidden. When you do cite statistics please be clear about your source. How trafficking is defined also changes what is being measured. Increasingly in the international community the concepts of modern slavery, human trafficking, forced labour and forced marriage are all seen as trafficking. The Palermo Protocol, a UN treaty/convention, obliges governments to share information with governments’ law enforcement, immigration bodies, and other relevant authorities so as to probe traffickers, and prosecute them. According to A child is a child: Protecting children on the move from violence, abuse and exploitation (2017). New York:

United Nations Children’s Fund (UNICEF). Viewed on 5 January: https://www.unicef.org/ publications/index_95956.html

Forced labour is work performed under coercion – for instance the threat of punishment or deprivation of liberty, and slavery – for instance practices like debt bondage in exchange for money or other benefits. Slavery and slavery-like practices include the exercise of ownership over another person, debt bondage, serfdom, forced marriage and the delivery of a child for exploitation. Trafficking encompasses the act of recruiting, transporting, transferring, harbouring or receiving people for the purpose of exploitation, by means such as coercion, deception, or abuse of vulnerability. For children, the means do not matter, as long as the purpose is exploitation. In addition to forced labour and slavery, trafficking encompasses other forms of exploitation, including for prostitution, child marriage and the removal of organs. The country’s legal position on human trafficking is set out in the Prevention and Combating of Trafficking in Persons Act 2013. Though the Act was signed into law in July 2013, it is not yet operational, as supporting regulations have yet to be passed. The Act employs a wider definition

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of trafficking than that of the UN. According to the Act, a person is guilty of trafficking if he or she delivers, recruits, transports, transfers, harbours, sells, exchanges, leases or receives another person within or across the borders of the Republic for the purposes of exploitation. This may be done through:

marriage with another person for the purpose of exploiting that child or other person “in any form or manner”.

• The threat of harm; • The threat or use of force or coercion; • The abuse of vulnerability; • Fraud; • Deception; • Abduction; • Kidnapping; • Abuse of power; • Directly or indirectly giving or receiving payments or benefits to obtain the consent of a person who has control or authority over another; or • Directly or indirectly giving or receiving payments, compensation, rewards, benefits or any other advantage.

Resources:

These actions may be aimed at the trafficked person him- or herself, an immediate family member or any other person in a close relationship to the victim. The Act further stipulates that a person is guilty of human trafficking if he or she adopts a child or enters into a forced

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This information was taken from Africa Check: https://africacheck.org/factsheets/ factsheet-understanding-human-trafficking/

Global Slavery Index. (2017). South Africa Global Slavery Index 2016. [online] Available at: https://www.globalslaveryindex.org/country/ south-africa/ [Accessed 27 Dec. 2017]. Trafficking in Persons Report – June 2017 (2017). [ebook] p.11-12. Available at: https://www. state.gov/j/tip/rls/tiprpt/2017/ [Accessed 27 Dec. 2017]. Africa Check. (2017). FACTSHEET: Understanding human trafficking | Africa Check. [online] Available at: https:// africacheck.org/factsheets/factsheetunderstanding-human-trafficking/ [Accessed 26 Dec. 2017]. Ilo.org. (2017). Forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking). [online] Available at: http://www.ilo.org/global/topics/ forced-labour/lang--ja/index.htm [Accessed 27 Dec. 2017].

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BACKGROUND

INFORMATION

THE ORGANISING PRINCIPLES OF HUMAN RIGHTS

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It is commonly understood that human rights are those things that guarantee all human beings certain freedoms and protections. Many countries have written these freedoms and protections into law. Human rights protect your freedom to explore, discover, develop and express your potential â&#x20AC;&#x201C; as long as you do not limit these freedoms for anyone else. When someone prevents you from exploring, discovering, developing and expressing your potential, they are violating your human rights. In other words, they are putting obstacles in your way, preventing you from learning and growing and being who you want to be. Human rights were designed to prevent people (primarily the government) from abusing power. The idea of human rights reminds us that people in power should not be allowed to create positions of privilege for some and oppress others on the basis of their gender; race; sexual orientation; age; disability; language; place of origin; religious, philosophical or political ideas; or their wealth. All human beings deserve access to equal opportunities in life.

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The best way to protect your freedom is to protect the freedom of everyone else. It is important to appreciate that the human rights that are now legally protected were never the product of a majority vote or populism, but of activism and struggle – even though they may have been entered into law by a vote. Those in power did not freely give them. They were fought for through protests, boycotts, strikes, civil disobedience, rational arguments in courts of law, new theories of what it means to be human, satire and protest art, metaphors and poetry, risking alternative aesthetic selfexpression, etc. Through this process new rights have been identified and justified. Think about women’s rights, workers’ rights, the right to a clean and safe environment and children’s rights. What rights can you imagine being added in the near future? The concept of human rights offers a radical vision of inclusion. If we are open to it, it can change the way we think about the potential of ourselves and others, as well as whom we include and whom we exclude through our actions. If human rights are the best principles we have for organising a society, their value should be able to stand up to investigation. Asking questions should increase our understanding. A learner may ask something like: “It seems like we are coming up with new human rights all the time. Are human rights real? I mean, am I actually born with them or are they an invention?”

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We need to reinforce that they represent a fundamental insight into the nature of humanity and are not a socially constructed privilege that can be given or taken away. Think of it this way. Human rights are a kind of general knowledge about human wellbeing. Human rights are a rational way of thinking about the basic requirements for individual and collective human wellbeing no matter what the context. If we imagine a range of possible experiences a human being can have, we may recognise that some of these experiences increase well being and reduce unnecessary suffering. We cannot imagine every possible human experience, because the possibilities of human experience are constantly changing. What we can imagine is that the kind of personal change and social change that is most desirable is change that increases wellbeing. In this way we can create reasonable criteria for wellbeing that apply to any context â&#x20AC;&#x201C; and prevent the abuse of power. These criteria can then be used to measure progress for any human community. The potential for wellbeing is greater in a community that does not keep slaves, or ensures that girl children can go to school, or gives members the means to protect themselves from deadly diseases, or protects the freedom of the press, or bans

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torture, or makes a commitment to integrating refugees, etc. These criteria can be measured and be shown to significantly increase wellbeing. It is on the basis of criteria like these that the Sustainable Development Goals were created as a reasonable measure of progress in any community. [Sustainable Development Goals: http:// www.un.org/sustainabledevelopment/ sustainable-development-goals/]

Human rights activists tend to think about rights as universal and free of cultural context. This is because they imagine increasing the wellbeing and reducing the suffering of an individual, no matter what that individualâ&#x20AC;&#x2122;s biological sex is, what their perceived gender or race is, what language they speak, or where they come from. Human rights are understood as universal because they transcend specific cultural values, beliefs and practices. This is the cornerstone of international human rights law. This principle, first emphasised in the Universal Declaration on Human Rights in 1948, has been reiterated in numerous international human rights conventions, declarations, and resolutions. The 1993 Vienna World Conference on Human Rights, for example, noted that it is the duty of States to promote and protect all human rights and fundamental freedoms, regardless of their political, economic and cultural systems.

To think about universally applicable human rights we need to be able to step out of a particular cultural context and imagine what could increase wellbeing in any context. In South Africa all cultures, religions, traditions, philosophies and ideologies have to act according to the freedoms and constraints outlined in the Bill of Rights in our Constitution. This is the highest law in the land. International human rights law lays down obligations of governments to act in certain ways or to refrain from certain acts, in order to promote and protect the universal human rights and fundamental freedoms of individuals or groups. Rights are not intended to be a homogenising force that makes us all the same, but a framework for emancipation. We expand on them as we learn new things about the nature and diversity of human experience. Changes in our understanding and application of human rights are not always straightforward or obvious, but it is possible to think rationally about whether the interpretation of an existing human right, or the creation of a new human right, increases wellbeing or not. Think about rights given to people who do not experience sexual attraction in the same way as the heterosexual norm. Many societies have concluded that limiting the wellbeing

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of LGBTI people (lesbian, gay, bisexual, transgendered, and intersex) by forcing them into relationships they cannot thrive in, or condemning them to life without meaningful intimacy, is a violation of their rights to dignity, freedom and equality. By giving LGBTI people the same rights to have relationships as heterosexual people, the wellbeing of a society as a whole increases. In this way our conception of human rights changes in the direction of increased wellbeing. Human rights are often described as inalienable. This means that no one can take them away. They are not debatable on a case-by-case basis. There are of course situations where people who have been found guilty of a crime by a court of law have their right to freedom of movement taken away in the form of imprisonment. This kind of decision should not be taken lightly, because when we start justifying the violation of peopleâ&#x20AC;&#x2122;s rights (like allowing torture under certain conditions) we are on a slippery slope that threatens to accommodate justifications of all sorts of violations. Our courts are supposed to protect us from this slippery slope. In South Africa we reject the death penalty because it deprives an individual of his or her right to life, and we protect the other rights of prisoners on the grounds that those rights are inalienable. We also reject detention without trial, torture, and insist that anyone suspected of a crime is treated as innocent until proven guilty.

one’s chains, but to live in a way that respects and enhances the freedom of others.” Nelson Mandela Long Walk to Freedom (1994)

Human rights are all interrelated, interdependent and indivisible. This means all rights are interconnected, should work together to support each other and that each right cannot be understood or defended in isolation. Section 36 in the Bill of Rights ensures this, but it is often the most neglected clause in discussions about human rights. When we deal with any social or economic challenge we need to take care to show how it is connected to other challenges and the rights associated with them. We are all duty bearers who should respect and protect the human rights of others. “Some say that (the liberation of the oppressed and the oppressor) has now been achieved. But I know that that is not the case. The truth is that we are not yet free: we have merely achieved the freedom to be free, the right not to be oppressed. We have not taken the final step of our journey, but the first step on a longer and even more difficult road. For to be free is not merely to cast off

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Dignity Judges of our Constitutional Court have stated on numerous occasions that the core value of our Constitution is dignity. Section 1 of the Constitution makes it clear that the Republic of South Africa is founded on the values of: "Human dignity, the achievement of equality and the advancement of human rights and freedoms." Section 10 of the Constitution states that, “Everyone has inherent dignity and the right to have their dignity respected and protected.” Dignity is often said to be the foundational concept of a culture of human rights. The Universal Declaration begins by recognising that “the inherent dignity of all members of the human family is the foundation of freedom, justice and peace in the world”.

It comes from the Latin noun dignitas, which is often translated as ‘worth’. Dignity is primarily about recognising and respecting the ‘worth’ that is perceived as inherent in an individual human life. This worth is not something that is given to the individual as an act of generosity, or condescending paternalism, or in exchange for anything. Rather it is recognised as a potential that is already there, and, should be protected as a priority of social justice. The southern African concept of ubuntu, batho, or hunhu recognises that the dignity of the individual is largely dependent on what is recognised and reflected back by other people, in the form of their attention, expectations, words and actions. Ubuntu teaches us that as our own sense of dignity and self-worth grows, we become more able to recognise and affirm the dignity of others. While dignity may be perceived as inherent in any individual, in reality it is the product of human beings in relationship, affirming each other.

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BACKGROUND

INFORMATION

REFUGEES AND THE LAW

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“INJUSTICE ANYWHERE IS A THREAT TO JUSTICE EVERYWHERE.” Martin Luther King Jr.

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The International Refugee Regime

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There is an international framework for the protection of migrants – consisting of international agreements and agencies created by these agreements. It is known as the international refugee regime. The main instrument of international law relating to refugees is the 1951 Convention Relating to the Status of Refugees. According to the Introductory Note to the Convention: “A refugee, according to the Convention, is someone who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion.” The Convention grants refugees legal protection.

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A fundamental principle throughout the Convention is that of non-refoulement, which means that a refugee must never be expelled from a receiving country to a territory where he/she fears a threat to his/her life or freedom. The Convention also lays down certain rights for refugees. As stated in the Introductory Note: “the Convention lays down basic minimum standards for the treatment of refugees, without prejudice to States granting more favourable treatment. Such rights include access to the courts, to primary education, to work, and the provision for documentation, including a refugee travel document in passport form.” There are three internationally accepted methods of dealing with refugees: voluntary repatriation (this is regarded as the best method by the UN), resettlement (i.e., the refugee is relocated from the original receiving country to another country in which to be given refugee status), and integration into the receiving country.

The Convention originally only applied to refugees displaced within Europe prior to 1951, in response to the aftermath of World War II. In 1967 the provisions were extended to apply to all refugees through the Protocol Relating to the Status of Refugees.

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The Convention and the Protocol set standards that apply to children in the same way as to adults: • a child who has a “well-founded fear of being persecuted” for one of the stated reasons is a “refugee” • a child who holds refugee status cannot be forced to return to the country of origin • no distinction is made between children and adults in social welfare and legal rights.

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The Convention on the Rights of the Child establishes legal obligations for States to ensure the best interests of the child be a “primary consideration” and addresses the rights of all children falling within the jurisdiction of a state, regardless of their nationality or immigration status.

NEW YORK DECLARATION FOR REFUGEES ANDMIGRANTS

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On 19 September 2016, at the UN Summit for Refugees and Migrants, the United Nations General Assembly adopted a set of commitments to strengthen and enhance mechanisms to protect people on the move. South Africa was one of the member states that supported the commitments, now known as the New York Declaration for Refugees and Migrants. The New York Declaration (http:// www.unhcr.org/57e39d987) paves the way for the adoption of two new global compacts in 2018: a global compact on refugees and a global compact for safe, orderly and regular migration.

• agreed that protecting refugees and the countries that shelter them are shared international responsibilities and must be borne more equitably and predictably; • pledged robust support to those countries affected by large movements of refugees and migrants; • agreed upon the core elements of a Comprehensive Refugee Response Framework; and • agreed to work towards the adoption of a global compact on refugees and a global compact for safe, orderly and regular migration.” http://www.unhcr.org/new-yorkdeclaration-for-refugees-andmigrants.html At the summit, Secretary-General Ban Ki-moon launched the TOGETHER – Respect, Safety and Dignity for All campaign (https:// together.un.org/), saying, “We must change the way we talk about refugees and migrants. And we must talk with them. Our words and dialogue matter.”

“In adopting the New York Declaration, Member States: • expressed profound solidarity with those who are forced to flee; • reaffirmed their obligations to fully respect the human rights of refugees and migrants;

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Among the aims of the TOGETHER campaign are two that all educators can embrace: • Create a strong persuasive narrative of solidarity that will showcase the shared benefits of migration to economies and nations, while also acknowledging legitimate concerns of host communities. • Build empathy and humanise the debate. It will provide a platform for stories of and by migrants and refugees and of host communities that have benefitted from the inclusion of refugees and migrants. It will tell stories of children on the move. The New York Declaration calls for a “comprehensive response” and “responsibility-sharing”, both locally and internationally. “This new approach calls for a whole of society approach by host countries to refugees – where not only the national governments but also local authorities, civil society groups, faith communities and the private sector pool their forces to respond to refugees.” - Volker Türk, Assistant High Commissioner for Protection, UNHCR Geneva

We all have a role to play.

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SOUTH AFRICAN REFUGEE LAW

In 1996 South Africa signed the Convention and Protocol Relating to the Status of Refugees. In 1998 the Refugees Act was passed.

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The Act defines a refugee as a person who has fled their “place of habitual residence” owing to a well-founded fear of persecution for reasons of race, tribe, religion, nationality, political opinion, or membership in a particular social group. This includes people who are forced to flee their country of origin as a result of “external aggression, occupation, foreign domination” or events that “seriously” disrupt public order. An asylum seeker is a person who is seeking recognition as a refugee and whose status has yet to be determined . http://www.lhr.org.za/ news/2013/sa-largest-recipientasylum-seekers-worldwidenumbers-don%E2%80%99t-add This Act contains a policy of non-encampment. Instead of being confined to refugee camps, refugees are supposed to be integrated into urban environments. South Africa is the only African country with such an approach to refugee integration. The Act also ensures that asylum seekers (people whose application for refugee status is under consideration) have the right to work and study in South Africa.

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On arrival at a port of entry, an asylum seeker is granted with a Section 23 permit allowing them to stay legally for 14 days within the country as someone seeking to lodge an asylum application. Within these 14 days the asylum seeker must report to a Refugee Reception Office (RRO). In 2014, three RROs were closed and there are only three remaining â&#x20AC;&#x201C; in Musina, Durban and Pretoria.

At the moment, a refugee who has lived continuously for five years in South Africa can apply for indefinite refugee status and a permanent residence permit. The permanent residence permit qualifies a refugee to apply for South African citizenship.

Once the person has made their application at a RRO they are granted a six-month renewable Section 22 asylum seeker permit. This currently gives them the right to work and study. If their application is accepted, the person will receive a Section 24 refugee permit. This is valid for two years and renewable. An appeal may be made at the Refugee Appeal Board if the application is denied.

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“The Department of Education’s A Public School Policy Guide states that ‘every child has the right to be admitted to school and to participate in all school activities’. This policy stipulates that a school governing body (SGB) may determine the admission policy of a school. However, the admission policy must be based on the guidelines determined by the head of the provincial education department. If a learner is refused admission, the head of the provincial department (through the principal of the school) must inform the parent of the refusal, and the reasons for the refusal. If a child is refused admission to a school, the school principal must give a written explanation of why the child was not admitted.” - Veriava F, Thom A & Hodgson TF (2016) Basic Education Rights Handbook – Education Rights in South Africa. Section27

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THE LAW CONCERNING REFUGEE CHILDREN AND THEIR EDUCATION According to the Refugees Act, dependents of asylum seekers and refugees are granted the same rights as their guardians. The Act defines a dependent as an unmarried, biological child who is younger than 18 or a child legally adopted in the refugeeâ&#x20AC;&#x2122;s country of origin. However, in the case of Mubake vs. Department of Home Affairs it was decided that separated children (those under the protection of an adult who is not their biological parent or legal adopter) should be regarded as dependants of their guardian. Asylum seekers and refugees have the right to basic education. All they need in

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order to apply for admission to a school is a document from Home Affairs showing that they have applied to legalise their stay in South Africa. If asylum seeker or refugee children are denied admission to a school they may appeal and must be given a written explanation of the reasons why they have been rejected. A migrant child may not be denied school admission based on his or her inability to speak the language of instruction. Migrant children are entitled to fee exemptions just the same as South African nationals. These rights are enshrined in the South African Schools Act and the Admission Policy for Ordinary Schools.

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According to the African Charter on the Rights and Welfare of the Child, Article 11 on education reads: 1. Every child shall have the right to an education. 2. The education of the child shall be directed to: (a) the promotion and development of the childâ&#x20AC;&#x2122;s personality, talents and mental and physical abilities to their fullest potential; (b) fostering respect for human rights and fundamental freedoms with particular reference to those set out in the provisions of various African instruments on human and peoplesâ&#x20AC;&#x2122; rights and international human rights declarations and conventions; (d) the preparation of the child for responsible life in a free society, in the spirit of understanding, tolerance, dialogue, mutual respect and friendship among all peoples, ethnic, tribal and religious groups; (f) the promotion and achievements of African Unity and Solidarity

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‘THE PROMOTION AND ACHIEVEMENTS OF AFRICAN UNITY AND SOLIDARITY’

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CREDITS Coordination: André Croucamp with MindBurst Workshop Research and Writing: André Croucamp, Francis Ovenden and Felix Christie Original Artworks: Prashant Jivan and Anastasya Eli Photography and Design: Benjamin Bugeja Photography: Michael Stavrakakis This resource would not have been possible without the support of Misereor. We acknowledge their support in developing and producing this resource and thank them for their ongoing commitment to refugee children and their right to education.

Refugee Children’s Education Project

Three2Six is a Project hosted by three schools in johannesburg, they are ‘Sacred Heart College, Observatory Girls Primary School and Holy Family College.

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This resource has been designed to inspire lesson ideas. You do not have to use it as a script but as a set of examples of the kinds of conversations and activities that can be facilitated in your classroom. Use the material to stimulate your own ideas about how to integrate an understanding of refugee issues in a relevant way for your learners.

ISBN number 978-1-919881-71-3