The International Organization for Migration (IOM)

The International Organization for Migration (IOM)

Submissions to the Portfolio Committee on Home Affairs,

13 February 2013

SOUTH AFRICA’S PROPOSED NATIONAL MIGRATION POLICY: Themes for consideration

1.  INTRODUCTION

Attention to international migration at the global, regional and national levels has been increasing for decades. Over the years the focus on migration has been approached from various angles such as the nexus between migration and development, irregular migration, trafficking of persons, labour migration and asylum. What is clear is that migration is one of the world’s major trends in the 21st century. Alongside fertility and mortality, migration is considered to be one of the main demographic drivers, and features prominently in discussions on sustainable growth. Whether the movements of people are forced or voluntary, legal or illegal, individual or collective, internal or cross-border, they impact on various aspects of the social, economic, political and cultural life of individuals and societies alike.

In the South African context, migration is a historical but current issue that cuts across all spheres of social, political, economic and cultural life. Historically, South Africa has experienced all types of migration whose patterns have been a mosaic of both voluntary and forced and internal and international movements. While international migration is more politically sensitive, internal migration between provinces and municipalities is the most significant form of popular movement in the country. Looking ahead, according to the National Development Plan (NDP), “migration, both within the country and across its borders will feature in the country’s profile over the next 18 years”. Because of its inherent nature, it is difficult to predict future migration flows and trends, however, the general migration profile is expected to be a mixed one, with more youthful and women migrants, and a growing number of environmental migrants

From the global and regional perspective, post-1994 South Africa has become increasingly popular as a destination and transit country for international migration. As the economic hub of the African Continent, with a high level of socio- political stability, South Africa has become a country of destination for various types of migrants, who broadly fall into the categories of economic or labour migrants, asylum seekers and refugees. Likewise, but to a much lesser extent there have also been migration outflows by citizens seeking better education and employment opportunities abroad.

As the world’s leading agency on migration, IOM takes pride in being able to provide its member states with tailor-made migration management solutions and tools. Effective migration management – taking into account South Africa’s development goals and addressing the interests and human rights of both migrants as well as host communities – remains a challenge for the Government of South Africa. In this regard, this paper seeks to outline key areas for consideration and possible inclusion in the formulation of South Africa’s migration policy. Underpinning the recommendations set forth below is the principle that properly managed migration can contribute to national and regional development, and be for the benefit of all.

IOM is committed to the principle that humane and orderly migration benefits migrants and society.

2. POLICY OBJECTIVES

OVERALL POLICY GOAL

The overall goal of the national migration policy should be to effectively manage migration for the socio-economic and political development of South Africa.

GENERAL POLICY OBJECTIVES

1.  To provide an enabling, predictable and secure environment for the legal and orderly movement of persons from, to and within South Africa.

2.  To define and implement a balanced approach to migration management through facilitation and control interventions.

3.  To enhance national, regional and international cooperation on migration management.

4.  To address migration-related issues comprehensively in a coordinated manner, that is without achieving the objectives of one sphere at the expense of neglecting those of another.

5.  To ensure the prevention and combating of the ill effects of irregular migration and organized migration related crimes.

SPECIFIC POLICY OBJECTIVES

1.  To facilitate legal cross-border and third country movements while protecting the national borders from penetration or infiltration by irregular migrants, undesirable persons, goods, services and influences;

2.  To attract investors, skilled workers and tourists with an enabling and predictable immigration environment;

3.  To deliver with transparency and efficiency the travel documents for South African nationals and the immigration documents for foreign nationals through adequate procedures;

4.  To maximize economic and labour opportunities for South Africans through migration, in particular in the context of regional integration processes and the free movement of persons;

5.  Fill gap in critical Labour sectors in the country through the promotion of regular migration

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7.  To develop national responsiveness to migration-related regional integration needs;

8.  To contribute to the security and stability of the country through border management and control of foreigners in the territory;

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10.  To prevent and combat irregular migration, in particular the smuggling of migrants and trafficking of persons;

11.  To promote government capacity to manage migration crime while promoting respect for and protection of migrant rights including combating discrimination and xenophobia;

12.  To protect the interests and the rights of South Africans living abroad;

13.  To harness the potential and cooperation of South African diaspora towards national development programmes while promoting a dialogue between the diaspora and the Government;

14.  To enhance and strengthen inter-ministerial cooperation and coordination as well as stakeholder cooperation for the effective management of migration in the country;

15.  To support the adoption of e-governance as a crucial vehicle for the efficient delivery of migration services;

16.  To improve the collection and sharing of migration data in the country;

17.  To foster the integration of migration into the National Development Plan and other relevant national strategies;

18.  To domesticate regional and international migration-related instruments;

19.  To promote regional integration through advocacy for ratification of the SADC draft protocol on the facilitation of movement of persons.

3.  GUIDING PRINCIPLES

The formulation and implementation of the national migration policy should be guided by the following principles:

1.  Maximization of the benefits of migration while mitigating emerging risks and challenges;

2.  Creation of synergies between migration and various facets of development;

3.  Protection of national integrity and sovereignty;

4.  Promotion of national, regional and international security;

5.  Synergy with other national policies and strategies;

6.  Bilateral, regional and multilateral cooperation, reciprocity in international relations;

7.  National commitment to regional and international obligations;

8.  Compliance with regional and international migration-related instruments;

9.  Linkages with both regional migration policy frameworks such as the AU Migration Policy Framework for Africa and other relevant strategies at the international level;

10.  Attention given to regional integration processes and their effects on migration management and trends;

11.  Effective and efficient service delivery and result-oriented management;

12.  Respect of the principles of good governance;

13.  Coherence of the institutional and legal framework on migration management;

14.  Effective inter-ministerial coordination and sharing of information;

15.  Promotion of international dialogue and cooperation;

16.  Attention to best practices in migration management according to international standards and lessons learned at the national level;

17.  Optimisation of new technologies for migration management;

18.  Non discrimination, natural justice and rights-based approach to migration management;

19.  Management of migration with ecological sensitivity;

20.  Promotion of positive cultural diversity as a consequence of increased migration and protection of the valuable aspects of South Africa’s cultural heritage.

Based on the above, the following areas of migration management are recommended for inclusion in the development of the national migration policy.

BORDER MANAGEMENT

The increasing volume of global travel today has exerted constant pressure on border management systems globally, and South Africa is not an exception to this situation. The country’s border management systems are increasingly contending with risks such as smuggling (including drugs and weapons), irregular migration, human trafficking and other criminal activities arising from increased international movements. The problem is further exacerbated by the porosity of the national borders. The increasing movements at both land and air borders are also due to bona fide travellers which benefits the country with more investment, business and tourism.

South Africa maintains gazetted ports of entry/exit where facilitation and control of the movements are equally strategic. The government aims to facilitate legitimate travel while preventing infiltration by undesirable persons and goods. Movement to and from the country should be in accordance with immigration laws and formalities. Border controls should be cognisant of the need to facilitate cross-border commerce. Protecting the integrity of South Africa’s borders is imperative to ensuring national, regional and international security.

a) Policy Statement

The government of South Africa seeks to improve its border management systems through improvement of border security, streamlined documentation for the purpose of facilitating legitimate travel and trade, while preventing cross-border crime.

b) Policy Objectives

1.  To protect the integrity of South Africa’s borders.

2.  To enhance the capacity of border management to facilitate cross-border movements of people and goods while safeguarding national security.

3.  To strengthen interagency and interstate cooperation for efficient and secure border management, in particular with neighbouring countries and other neighbouring states

c) Strategy

GoSA:

·  Establish effective border control including land, air and marine borders;

·  Improve border management by deploying the right combination of trained staff, adequate technology and infrastructure;

·  Support and implement integrated border management (IBM) initiatives;

·  Promote regional cooperation, particularly with neighbouring states, for coordinated migration management

·  Promote the establishment of One Stop Border Posts (OSBPs) for more effective and timely management of the movements at borders;

·  Harmonize the opening hours of the borders posts with those of neighbouring countries

·  Integrate risk profiling, assessment and management in border control;

·  Improve pre-inspection procedures for entry of goods and persons;

·  Develop an integrated security database as a reference tool for admission or inadmissibility of persons into South Africa, linked to national intelligence and security systems

·  Improve the collection and utilization of data at the border posts;

·  Acquire, expand and optimise the use of new technologies in border management;

·  Disseminate information regarding requirements for entry into and exit from the country and oblige compliance with national laws and formalities;

·  Harness community cooperation for improved border security, particularly in border towns, rural settlements and villages;

·  Conduct trainings targeting immigration officers for detection of travel document fraud and identification and assistance to vulnerable smuggled migrants and victims of trafficking;

·  Subject to needs assessment, establish border posts in strategic locations along the national borders;

·  Reinforce the coordination and exchange of information between the departments of immigration,, police and other security agencies and customs services at both national, bilateral and international levels;

·  Improve communication within the government institutions in charge of border management, especially between the agents at the border posts and their respective national and provincial headquarters;

·  Strengthen interstate cooperation for effective management of national borders;

·  Initiate bilateral dialogue with neighbouring countries for the establishment of joint border posts while promoting the concept of OSBPs;

·  Endeavour to integrate standards set by the International Civil Aviation Organization (ICAO) in the management of the air border posts;

·  Respect the rights of migrants, especially the principle of non-refoulement for those entering the country;

·  Take into consideration the international standards and best practices on border management and apply them in the South African context.

TRAVEL DOCUMENTS

Proper documentation is required to move from one country to another: the security of international travel depends among others on trustworthy travel documents issued by a credible and efficient production and management system of passports, visas and any other travel document.

SOUTH AFRICAN TRAVEL DOCUMENTS

Article 21 (1) of the South African Constitution recalls that every South African citizen shall have the right to enter, leave and return to South Africa while article 21(24 (c) guarantees the right of every South African to hold a national passport.

a) Policy Statement

The Government of South Africa is committed to facilitating the enjoyment of the right of South African citizens to a national travel document as well as securing the integrity of such document through an efficient and transparent system.

b) Policy Objectives

1.  To facilitate every eligible applicant to acquire a national travel document.

2.  To secure the integrity of the national travel documents.

c) Strategies

GoSA shall:

·  Disseminate information regarding application procedures for acquiring national travel documents;

·  Ensure access and efficiency in the issuance of travel documents (maximum of 10 days subsequent to the submission of the application);

·  Develop standard operating procedures for the issuance of national travel documents;

·  Ensure that national travel documents meet international standards for travel, in particular the norms set by the UN and ICAO;

·  Build institutional capacity for the production and management of passports and other travel documents at both the central and decentralized levels;

·  Determine the terms of issuance and prices of the national travel documents in the law;

·  Ensure inter-agency and interstate coordination and cooperation for the authentication of support documentation.

VISAS

Any foreigner is authorized to enter South Africa only if he/she meets the admission requirements according to the national immigration law. South African visas are issued at SA missions abroad. Visa issuance has been challenged by the absence of uniform application and processing procedures, insufficient vetting, and limited information sharing both within the Government and other States, and the absence of a referred visa mechanism for handling people of special interest to the State.

a) Policy Statement

The Government of South Africa seeks to develop and strengthen a comprehensive visa processing system that attracts and facilitates tourism, trade and skilled labour without compromising national security.