Primary issues to consider for
South Africa’s Migration Policy
Presentation to the Portfolio
Committee on Home Affairs – 12
February 2013 - CoRMSA
Introduction to CoRMSA
• A national network of twenty four
organisations working with asylum seekers,
refugees, international migrants and broader
human rights issues.
• Main objectives and mission: the promotion
and protection of the rights of asylum seekers,
refugees and other international migrants in
ways that promote the well-being of all in
South Africa.
Presentation covers the following
primary issues
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Purpose of migration policy
Contextual background
Immigration
Refugee Protection (including asylum seekers)
Integration
Regional Integration
Human Rights Frameworks
Conclusion
Purpose of the Migration Policy
• In developing a migration policy, it is important
for South Africa to clearly define what the
country wants to achieve with it.
• For instance, questions related to this include: is
it aimed only at international migration or
includes local migration?
• Our understand is that Migration Policy will help
to guide the SA government to manage
international migration into South Africa but also
address issues related to emigration by South
Africans.
South African context
• South Africa is a Constitutional democracy
• All policy and legislation to conform to constitutional
provisions
• Therefore Migration Policy needs to be guided by the
constitutional provisions
• The Migration Policy to be informed by correct numbers.
This is important to ensure that the country is responding
to the realities on the ground.
• Legislation developed in relation to migration include,
Immigration, Refugees Act and Constitution.
• Characterised by mixed migration flows and the policy
needs to understand this complexity eg, asylum seekers,
immigrants (both in regular and irregular situations).
SA Context continued
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South Africa has both domestic and foreign policy aspirations like any other
country in the world. Therefore any migration policy should look at both domestic
and foreign policy goals of the country to ensure that South Africa avoids any
inconsistencies with regards to its articulated policies at these two levels.
As migration is not only a domestic matter but an issue of international
importance, it is important to find a balance between these two policy streams.
As a result, it is important that the current broad immigration review being
undertaken by the Department of Home Affairs heeds this suggestion. If South
Africa neglects to make this connection, it risks perpetuating the same mistakes
that have been made in the past with regards to managing migration.
Need to consider the proposals made in the National Development Plan (Vision
2030) in relation to migration as it recognises that there is a need to “adopt a more
open immigration approach to expand supply of high-level skills”. For instance,
there is a proposal that foreign graduates be granted seven year permits.
International Context
• International migration recognised as key
aspect to development
• In recognising this the UN set up the High
Level Committee to look into the issue of
international migration in 2006
• This has been followed by the High Level
Dialogues in and the upcoming one to be held
in 2013
• There is international recognition that we
cannot stop migration and therefore the need
to manage it.
• South Africa as a regional and global player
cannot therefore treat migration differently.
• We thus appreciate this opportunity to make
inputs onto the primary issues we see would
like to see in South Africa Migration Policy
Immigration
• International migration important for development of
a country. Both sending and receiving countries benefit
from migration.
• SA to take into account skilled, semi-skilled and other
categories of migrants.
• At the moment the focus is more on skilled migration
and no provision for low and semi-skilled migration
and yet it is an important element of migration. This is
particularly important because these areas are
sometimes seen as areas of concern with potential to
create tensions between citizens and non-citizens
Emmigration
• Need to look at the skills base that SA is
loosing to other countries as this will assist in
developing a balanced migration policy taking
into account both gains (brain gain from
immigrants, remittances from Safrican living
abroad) and losses (through brain drain, lost
revenue)
Refugee Protection
• South Africa is a signatory to UN and OAU Conventions on
the protection of refugees
• It is important to note that there is no way of reversing
these commitments but for the country to improve on
these.
• In this regard, some of the proposal on the African National
Congress Peace and Stability document proposing reducing
rights for asylum seekers are concerning and need to be in
line with the International Relations sections which
recognises the value SA plays in regional, continental and
global stages
• Current practice and proposals to limit rights of asylum
seekers concerning
Integration: Municipal and Provincial
Levels
• Important to support the integration (mainstreaming) of
migration into municipal and provincial planning processes.
This is critical for ensuring the mainstreaming of migration
for service delivery purposes.
• Integration- we need a migration policy that will clearly
articulate the roles and responsibilities of the various govt
departments and institutions in relation to promoting the
integration of migrants in the country. Current practice is
such that various govt depts often shift any responsibility
for migrants and refugees to DHA.
• Including municipal and provincial levels of govt on
migration related issues will assist in addressing not only
service delivery but also issues like the safety and security
of non-nationals including xenophobia.
Regional integration
• As a key regional player, SA cannot create a migration policy that does not
take into account regional dynamics, viz, development, skills gain and
brain drain, economic, social, infrastructural development related.
• Need to promote easy movement within the region, therefore migration
policy to include aspects specifically addressing dispensations/regimes
that will ensure ease of movement for residents of SADC. SADC Protocol
on Facilitation of Movement
• ZDP – further roll-outs – policy will ensure that we have something to hold
govt accountable on. In the absence of clear policy, it has been difficult to
hold DHA to account for their commitments in this regard
• Externalisation of migration policy in the region – as seen from the
European experience, externalisation of migration is not always the
answer particularly for the protection of asylum seekers and refugees.
Human Rights aspects
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Development is a human right issue and therefore rights that will promote the self-determination
of non-nationals should be clearly articulated in the migration policy.
We have noted the recommendations from the ANC and whilst we welcome those that recognise
the rights of international migrants, we are concerned about the ambiguity of the first
recommendation under Home Affairs – eg. “the govt should reconsider its policy relating to centers
for asylum seekers during consideration of their status” p. 36. In saying this, we wish for the
migration policy to be clearly articulate in all the issues it covers.
Policy should not reverse the gains that have been made thus far, eg, retaining rights that asylum
seekers, refugees and migrants already enjoy in the country.
Freedom of movement important for survival of asylum seekers, refugees and international
migrants and as a result they are not dependent on govt to provide for them.
Detention - migration policy to include alternative means of detention as the current practice of
detention has often been fraught by many challenges including people who abscond and thus
vanish from the system
Current practice of closing RROs violating human rights of asylum seekers, refugees and rendering
many of them to be in irregular situations as they cannot afford the means to travel to where
currently open RROs are situated.
Denial of access to services indicative of an uncoordinated policy, therefore there is a need to
improve on this with the current migration policy review process
Conclusion
• CoRMSA again appreciates the opportunity to
make this presentation and are available to
further engage on the issues raised with the
Portfolio Committee, DHA and other
stakeholders.
• Important to open up the migration policy debate
to a larger group of stakeholders in govt,
International organisations, CSOs, Nedlac,
Chapter 9 institutions and other stakeholders