Urgent Letter: Scalabrini requests Equal Treatment for Asylum Seekers, Refugees, and Migrants in South Africa’s Covid-19 Responses

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On 25th March 2020, the Scalabrini Centre of Cape Town wrote a letter to the South African presidency and several ministers. The letter urges them that migrants, asylum seekers and refugees must be included in the response to the covid-19 pandemic.

The letter sets out concerns around the the differentiation in approaches pertaining to non-citizens depending on whether their documentation is issued in terms of the Immigration Act or the Refugees Act.

This lack of formal response to South Africa’s refugee and migrant community exists despite Ramaphosa’s speeches on the importance of an inclusive, pan-African approach to combating covid-19. In the spirit of these words and the sentiment of inclusion, we urge the National Command Centre and all relevant Ministers to ensure a whole-of-society approach in responding to the Covid-19 pandemic and impacts of the Lockdown.

Our letter therefore makes five main demands:

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(1) The publication of a formal directive or circular  regarding the renewal of asylum seeker and refugee documentation.
(2) The publication of clear guidelines prohibiting the suspension of any service normally provided to an asylum seeker or refugee document holder, where the suspension is the result of the covid-19 lockdown related expiry of such documentation.
(3) The inclusion of refugees, asylum seekers and migrants in the various economic assistance packages, and social relief packages, without discrimination.
(4) The release of clear communication and public statements indicating that non-citizens will not be discriminated against in covid-19 testing, screening and tracing measures, regardless of documentation status.
(5) The reiteration of the need for a moratorium on immigration detention and deportation, as well as deportation related arrests and the processing of deportations at this time.

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Covid-19 Lockdown: Governmental Relief Available to Non-South African Citizens

Some governmental relief packages are open to applications from non-South African citizens during the covid-19 lockdown. These packages are not limited in terms of nationality or citizenship, however you will still have to satisfy the other requirements.

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Emergency contacts for covid-19 lock-down: posters in your language

Download, share and use our list of useful emergency contacts to keep on hand during covid-19 lock-down – translated into several different languages.

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Scalabrini_centre_cape_town_lockdown_information

Information on the Lock-Down: posters in your language

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What does the lock-down mean for you? This information is copied directly from the South African government. Please share with friends and family online. Take care, don't panic, and look out for each other.

For reliable information on the Covid-19 virus, visit www.sacoronavirus.co.za. We will be updating our Facebook Page with important information relating to Scalabrini's work and affected communities.

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Unemployment Insurance Fund: Explainer

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Please note! The information below applies to applications for normal UIF benefits only, and does not apply to the COVID-19 Temporary Employee / Employer Scheme. To make an application for normal UIF benefits during the lockdown, you can apply for UIF benefits by registering and filing online through the UIF online filing system.

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What is the Unemployment Insurance Fund (UIF)?

The Unemployment Insurance Fund (‘UIF’) is established by the Unemployment Insurance Act, and provides short-term relief to workers when they become unemployed or are unable to work because of maternity, paternity, or adoption leave, or illness. It also makes provision for the dependents of a deceased worker, or for the loss of income due to reduced working time in certain cases.

Eligible workers in South Africa are required to register with and contribute to UIF on a monthly basis. Contributors to UIF who become unemployed or are unable to work can apply for: unemployment benefits; maternity benefits; paternity benefits; illness benefits; adoption benefits; and, dependant benefits (in the case of death of the contributor).

This explainer provides general information on UIF and accessing its benefits. For further information you can visit the website of the Western Cape Government or the Department of Labour, contact the Client Service Centre of the Unemployment Insurance Fund (toll free, 0800 843 843), or speak to an official of the Department of Labour at your nearest Labour Centre.

Who contributes to UIF, and how much is contributed?

The Unemployment Insurance Act and Unemployment Insurance Contributions Act apply to all employers and workers (including domestic workers), all of whom should contribute to UIF. However, the following workers do not have to make contributions to UIF: workers working less than 24 hours a month for an employer; learners; public servants; foreign nationals working on temporary contract; workers who get a monthly State (old age) pension; or, workers who only earn commission.

The following people must contribute to UIF when formally employed (unless excluded as above):

All persons lawfully employed in South Africa, such as:

  1. South African Citizens with a 13-Digit ID,
  2. Refugees with a Refugee Certificate or Refugee ID issued in terms of the Refugees Act,
  3. Asylum seekers with an Asylum Seeker Permit or Visa issued in terms of the Refugees Act; or
  4. Foreign nationals with valid passport/permit or 13-Digit ID (in the case of permanent residents).

As a worker, 2% of your monthly salary must be contributed to UIF. Your employer must contribute 1% and you must contribute 1%. This should be deducted from your monthly salary, and should be reflected on your pay slip. Every employee has the right to a pay slip and a written contract.

If you are not sure if you or your employer are supposed to pay contributions to UIF, speak to an official of the Department of Labour at the nearest Labour Centre.

Who can apply for benefits from UIF, and under which circumstances?

Any worker who has made contributions to UIF may apply for benefits when they become unemployed or are unable to work because of maternity, adoption leave, or illness. In the case of a deceased worker, the dependents can apply for benefits. The application would then have to be processed by the Department of Labour. In order to be eligible for benefits, you must meet certain criteria or circumstances. These include the following, displayed on this table:

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How do I apply for benefits from UIF, and when should I apply?

(Note: To make an application for normal UIF benefits during the lockdown, you can apply for UIF benefits by registering and filing online through the UIF online filing system.)

Normally, applications should be made at your nearest Labour Centre. Go as soon as possible. Timeframes within which applications must be made depend on the type of benefits one is applying for. The Unemployment Insurance Commissioner may accept a late application if good cause is shown. These time-frames include:

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To make a claim you will need the following documents:

  1. A valid form of identification, such as: a 13-Digit ID (Citizens or Permanent Residents); a valid passport/permit; a Refugee Certificate or Refugee ID issued in terms of the Refugees Act or an Asylum Seeker Permit or Visa issued in terms of the Refugees Act;
  2. Form UI-2.8 for banking details;
  3. Copies of your last six payslips;
  4. The relevant UI application form for the type of claim (inquire at Labour Centre for relevant form); and
  5. Relevant supporting documentation, i.e. proof of illness, adoption order, birth certificate, death certificate, etc.

Once you have the necessary documentation, you must go to your nearest Labour Centre themselves and hand in the documents. Staff at the Labour Centre should assist you with all the processes and give you more information. Staff at the Labour Centre may ask for further documentation.

If you think you are eligible for benefits from UIF, or if you have any questions regarding the application process, speak to an official of the Department of Labour at your nearest Labour Centre.

What benefits will I receive if I apply for benefits from UIF?

If you are eligible for benefits from UIF, the level of benefits you will receive is dependent on your income and how long you have been a contributor to UIF. This calculation is made by the Department of Labour.

If you have questions regarding the level of benefits you will receive, speak to an official of the Department of Labour at your nearest Labour Centre for assistance. Click here for a list of Labour Centres.

Are refugees and asylum seekers able to contribute to and apply for benefits from UIF?

Yes. Amendments to the Unemployment Insurance Act Regulations came into operation on 14 February 2020, and allow asylum seekers who made contributions to UIF to access benefits from UIF. These Amendments are the result of strategic litigation undertaken by Werksmans Attorneys.

I am having difficulty accessing benefits from UIF. What can I do?

If you are having difficulty accessing benefits from UIF, your first step should be to speak to an official of the Department of Labour at the nearest Labour Centre for assistance or to contact the Client Service Centre of the Unemployment Insurance Fund (toll free, 0800 843 843). Click here for a list of Labour Centres.

If you continue to have difficulty accessing benefits from UIF, keep a detailed record of interactions with the Labour Centre, including when you attended, which documents you submitted or received and copies thereof, and what information was provided for you, including reasons why you have not been assisted. You can use this information to seek advice. You can use this information to contact and seek advice from one of the organisations listed below. Organisations you can contact for help include:

Socio-Economic Rights Institute of South Africa (SERI) Tel: 011 356 5860

ProBono.org Tel: 011 339 6080 (Johannesburg); 031 301 6178 (Durban); 087 806 6070 (Cape Town

The Scalabrini Centre of Cape Town (Cape Town) Tel: 021 465 6433

Lawyers for Human Rights (Nationwide) Tel: 015 534 2203 (Musina); 031 301 0531 (Durban); 012 320 2943 (Pretoria); 011 339 1960 (Johannesburg)

Refugee Rights (Cape Town) Tel:  021 650 3775

Refugee Rights Centre (Port Elizabeth) Tel: 041 504 1310.

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This is part of our Teach-Yourself Series. Find more articles & infographics here.

Researched by Ben-Joop Venter and Jean–Louise Olivier, with contributions by the Advocacy Team and volunteers.

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#FarFromHome: Heather

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Welcome to our global #FarFromHome series: reflections on covid-19 lockdown from people who are are far from their family and home-country. We hope this brings comfort and reassurance. We chat to Heather, from South Africa, who lives in the UK.

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What keeps you motivated during lock-down That this time is a gift – it is a time to pause and do the things you have not had time to do. It can be a time to reflect and heal.

Has anything brought you hope or inspiration at this time? I have been inspired by way that the planet is healing when there are no humans around, and the community spirit that this crisis has brought to the surface.

What other emotions has this period brought for you?  The lockdown has brought me fear – of staring death in the face. And the realisation that I have not prepared for death. I also fear the inability to help if family get sick. I don’t know if I would be able to get there or say goodbye.

What in your life history has made you better able to deal with this situation? I know that I am strong. I know that I am brave and that I can survive.

What good qualities has lockdown brought out in you? During lockdown, I have learnt about my ability to be a good friend.

What characteristics of yourself have you relied on to get through lockdown? The ability to be alone and happy and my ability to adapt to new situations.

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Has this experience changed your interaction with your neighbours or community? Yes, I’ve really been impressed with the way the community have rallied. For example, neighbours are giving each other free masks.

What would be your advice to those people facing loneliness at this time? If you are lonely right now, do something that will give you another perspective, something to lift you out of yourself.

Is there any other message you would like to send to other people who are living far from their original birthplace during this time? Social media and online chat spaces have brought us much closer than we may have been before Coronavirus in many instances. Tap into this phenomenon and make the most of this new age.

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#FarFromHome: Gurmu

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Welcome to our global #FarFromHome series: reflections on covid-19 lockdown from people who are are far from their family and home-country. We hope this brings comfort and reassurance. We chat to Gurmu, from Ethiopia, who lives in Scotland.

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What thoughts have guided you through the covid-19 lockdown? It’s quite a scary situation for all humans, whoever we are and wherever we are in the world. I think all humans are together in one ‘self-isolation path’.

Has anything brought you hope or inspiration at this time?  I think everyone is now aware, subconsciously, of our humanity.

What other emotions has this period brought for you? I feel worthless in that we can’t help or support each other. I thank technology that enables us to stay connected remotely each other.

Are you connected to people in your home country? I now spend my time connected to the internet. I equip myself with up to date information, then I share this information with people that need it, like my families and friends back home in Ethiopia.  

What good qualities has lock-down brought out in you? It has enabled me to work and study remotely, updating myself with the current situations where the world at, and stay connected to people.

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What characteristics of yourself have you relied on to get through this time? I can say that I am a disciplined and well organised person, I respect the rules and restrictions, and I think this definitely helps everyone.

Has this experience changed your interaction with your neighbours or community? Yes, there used to be a personal or physical interaction in the community, but that had to stop. However, we are still bonding … remotely.

What would be your advice to those people facing loneliness at this time? If you are lonely right now: keep a strong, bright hope in your heart, and tomorrow will be yours. There are many of us in the same situation. Try to break the barriers: stay connected with others, and don’t give up. 

What is your message to people who are living Far From Home during this time? I have this message for the people who are far from their homeland like me: This is unprecedented time in our life, and for our planet. It is time to think about humanity. Keep your solidarity strong, and look after each other please.

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Made possible with the participation from the Mental Health Foundation, who has specific resources on mental health during the covid-19 lockdown.

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#FarFromHome: Khader

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Welcome to our global #FarFromHome series: reflections on covid-19 lockdown from people who are are far from their family and home-country. We hope this brings comfort and reassurance. We chat to Khader, from Palestine, who lives in Greece.

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What has kept you going at this time? The hope that science will soon find a therapy end the vaccine for the new virus. Also, I now have more time to pursue academic interests.

Has anything brought you hope or inspiration at this time? The latest positive scientific news has brought me hope.

What other emotions has this period brought for you? This period has brought insecurity, loneliness and fear.

What in your life history has made you better able to deal with this situation? The difficult times I experienced since my early years in my home country, Palestine, has made me better prepared for this situation.

What good qualities has lockdown brought out in you? I have realised that I can create a safer and healthier environment for those around me.

What characteristics of yourself have you relied on to get through this tough time? My positive attitude.

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Has this experience changed your interaction with your neighbours or community? Yes, I am now more interested in the needs of the people around me.

What would be your advice to those people facing loneliness at this time? If you are lonely at this time, communicate more often with relatives and friends via the internet and the telephone. And, when needed, seek advice from the experts.

Is there any other message you would like to send to other people who are living far from their original birthplace during this time? Stay healthy and eventually everything will be how it was before.

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With thanks to Solidarity Now – an NGO in Greece that is is committed to improve vulnerable people’s lives in order to pursue a better future, with dignity and perspectives. Read more here, or follow them on Facebook.

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#FarFromHome: Adam

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Welcome to our global #FarFromHome series: reflections on covid-19 lockdown from people who are are far from their family and home-country. We hope this brings comfort and reassurance. We chat to Adam, from Syria, who lives in Scotland.

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What brings you inspiration at this time? In my opinion, I hope that God should always accompany us, so I always hope that everyone will be in excellent health and great psychological well-being.

What characteristics of yourself have you relied on to get through this tough time?
I have discipline built in myself, and discipline is best needed to achieve patience, steadfastness and replace negative energies with positive ones.

What keeps you motivated during lockdown? I keep busy with reading books and practicing sports as well as participating in groups to talk about topics aimed at spreading tips in society to benefit everyone.

What other emotions has this period brought for you? It is normal for some people to feel a sort of fear, myself included, and my fear led me to be more protective so that I can protect myself and people around me. But we cannot escape reality: life continues and the problem should be recognized first and not escaping from it.

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What in your life history has made you better able to deal with this situation? In times of crisis, I feel the challenge which makes me more powerful. Despite challenge, boredom and laziness in this period, by taking advantage of my time in doing useful and entertaining things, I will be able to cope.

Has this experience changed your interaction with your neighbours or community? This tough experience brought me closer to people by communicating with them through social media as the work pressures in non-crisis times did not grant me enough time to communicate.

What is your message to people who are living Far From Home during this time? My advice or message is the following: If we think a little and ask ourselves what the positive results of unity are, we will realize that our best bet is to get rid of the negativity in us by replacing it with other positive things. We must have hope and optimism at this time and stay strong to maintain our health. Life only continues with hope and love between us.

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Made possible with the participation from the Mental Health Foundation, who has specific resources on mental health during the covid-19 lockdown.

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Covid-19 prevention: posters in your language

Use these Covid-19 prevention posters in different languages for yourself, your family and your friends. United, we will stop the spread of Covid-19!

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