Adapting to Changing Legal Frameworks: Mozambican Refugees in South Africa

This paper argues that legal frameworks to manage immigration and refugee rights need to be understood from below, namely, how they are interpreted and used locally by the immigrants affected and by the host communities, in their specific historical context. Using the case of Mozambican refugees in South Africa (1985-2006), the paper outlines why many of the policies targeted at or affecting this group of immigrants have had counterproductive effects (from the perspective of policy makers) because of the disjuncture between the goals and assumptions of the legal framework and the reality experienced and desired by the refugees. The situation of Mozambican refugees in South Africa over the past twenty years has been shaped by a radically changing legal context. These changes are charted and matched with how Mozambican refugees, especially those settled in the rural border areas, have adapted to, made use of and subverted the various legal constraints and opportunities provided by the South African state and its local representatives.