Primary issues to consider for South Africa’s Migration Policy

1. Primary issues to consider for South Africa’s Migration Policy Presentation to the Portfolio Committee on Home Affairs – 12 February 2013 - CoRMSA

2. 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.

3. Presentation covers the following primary issues • Purpose of migration policy • Contextual background • Immigration • Refugee Protection (including asylum seekers) • Integration • Regional Integration • Human Rights Frameworks • Conclusion

4. 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.

5. 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).

6. SA Context continued • 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.

7. 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

8. 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

9. 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

10. 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)

11. 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

12. 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.

13. 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.

14. Human Rights aspects • 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

15. 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