Page 15 - Healing Voices_za sajt
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Who are the survivors?




               In the introduction to this module, we said that the focus will be on interpreting for
               refugees and asylum seekers who have been tortured. But what is the difference between
               a foreign-born resident, a refugee and an
               asylum seeker?                                                          Torture Is Condemned

               Here is an explanation:                        Torture cannot be justified under any circum-
                                                              stances. The UN has condemned torture as a
                                                              denial of the purposes of its charter and as a
               Foreign born                                   violation of the human rights and fundamental
                                                              freedoms proclaimed in its Universal Declaration
               Anyone who was born in a country other         of Human Rights. Torture is also prohibited by
               than where they currently reside is foreign    most domestic legal systems in the world. Even
               born.  Such individuals may or may not have    where there is no specific crime of torture in do-
                    5
               experienced torture and/or war trauma. Some    mestic law, there are usually other laws under
               foreign-born individuals are granted the status   which the perpetrators can be held to account.
               of permanent resident in the country of their   Nevertheless, acts of torture and ill treatment
               residence and eventually citizenship.          remain widespread across the world.



               The difference between refugees and asylum seekers

               First, a refugee is a person who has fled their country and is unable to return due to a well-
               founded fear of persecution. The persecution could have been because of race, religion,
               nationality, political opinion, or membership in a particular social group.

               To obtain the legal status of refugee, the person must go through a legal process—typically
               outside their native country—that shows it would be harmful for them to return to that
               country. If successful, the person then obtains refugee status. This status usually confers
               a number of benefits, including the opportunity to be resettled into a new country willing
               to receive them. The refugee will also typically be eligible for a number of benefits such
               as social services, healthcare, education and work permits. Many countries around the
               world take in refugees.
               Asylum seekers (the common international term) or refugee claimants or asylum
               claimants (Canada) are individuals who seek refugee status within a certain period
               (usually one year) of entering a country. They must declare their intention after having
               arrived in the destination country to apply for asylum/refugee status due to persecution
               in the former country. Such individuals often come with few belongings and little or
               no documentation.



               5   There are legal exceptions to this status that this book will not address. For example, if you were born
                 abroad to U.S. parents and currently reside in the U.S., you are not considered “foreign born” because
                 you are a U.S. citizen.


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