REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA either to get participants to defend their practices or to pronounce on the constitutionality of the policies, rules and conduct of the individual associations. They were invited to share their experiences, aspirations and visions with the SAHRC so as to enable it to have a better understanding of the role and importance of voluntary associations in the South African society. The purpose of the SAHRC’s report, which flowed from the hearings, was to suggest principles that could be used to test the constitutionality of exclusionary policies, rules and conduct used by voluntary associations.131 Article 12: Freedom of movement 200. The right to freedom of movement and residence is enshrined in the Constitution.132 Legislative and policy measures to protect asylum-seekers and refugees 201. South Africa continues to be a major destination for asylum-seekers, as well as migrants and others seeking better economic and social opportunities. In, for example, 2008 a total of 207 206 applications were received and in 2009 the number rose to 223 324. Since then there has been overall decrease in the number of asylum seekers. In 2010, 185,918 applications were received. In 2011 the numbers fell, with only 87,020 asylum applications received. And in 2012, the number had reduced further to 85,058.133 202. An asylum seeker is a person who has fled his or her country of origin and is seeking recognition and protection as a refugee in the Republic of South Africa, and whose application is still under consideration. A refugee is a person who has been granted asylum status and protection in terms of the Refugee Act, 1998.134 A refugee can be a “convention refugee” who has left his home country and has a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or a membership in a particular social group. A refugee can also be a person “in need of protection” whose removal to his home country would subject him personally to a danger of torture or to a risk to his life or a risk of cruel and unusual treatment or punishment. The Government of the Republic of South Africa has an obligation to grant protection to refugees and other persons in need of protection under a number of UN Conventions such as the 1951 Convention Relating to the Status of Refugees. 131 The Exclusionary Policies of Voluntary Associations: Constitutional Considerations, SAHRC, 2005 S 21 “(1) Everyone has the right to freedom of movement. (2) Everyone has the right to leave the Republic. (3) Every citizen has the right to enter, to remain in and to reside anywhere in, the Republic. (4) Every citizen has the right to a passport.” 133 Speech by the Deputy Minister of Home Affairs, The Hon F Chohan, during the National Assembly Budget Vote Debate on Home Affairs, 9 May 2013 134 Act No 130 of 1998 132 60