immigration
immigration
Counting the Cost of Implementing South Africa’s Migration Policy
On 30 November 2011 Isaac* woke up in his rented room in Kwanokuthula and prepared for his day. He washed, dressed and collected together his crafting tools and materials for making wire ornaments. He put them in his bag and caught the minibus taxi to the crafters’ stall in the tourist town of Plettenberg Bay on the south eastern coast of South Africa. His business had picked up slightly since the winter lull and he had brought along additional stock in anticipation of the holiday crowds. When he climbed out of the taxi a South African Police Service (SAPS) officer asked for his papers. Isaac’s stomach turned. He had come to Plettenberg Bay from Harare in January, but had not left the country when his papers expired. On that day his luck ran out.
Isaac was detained in the Plettenberg Bay police station for a few days before being taken on the long and uncomfortable journey to Home Affairs’ Lindela repatriation centre just north of Johannesburg. While still in police custody he managed to contact some of his friends to see if they could facilitate his release. His friends were subtly informed that the guarding officer’s church was in dire need of a keyboard, a ‘tithe’ which might just secure Isaac’s release. This unholy appeal failed and Isaac is sure to spend the next few weeks or months at Lindela before being deported to Zimbabwe. While there he will see family for a few days and then turn around for the long and risky trip back to Plettenberg Bay to revive his business. By then the holiday season will have passed, autumn will be imminent and the crafting trade will have started slacking off.
There is nothing unusual about Isaac’s story. The determination, loss and senseless disruptions are part of the collective narrative of at least 55 000 migrants who are deported from South Africa each year. Not all are Zimbabwean, but the vast majority are from neighbouring countries whose economies are overshadowed by South Africa’s prosperity. Their determination is almost matched by SA’s commitment to deportations. In November 2010 the Department of Home Affairs reported 55 825 deportations, a number that still falls short of the 2007 high of over 300 000 deportations. The drop is due to the government’s short-lived decision not to deport Zimbabwean immigrants but the numbers are on the rise again.
It would seem, at a glance, as though the implementation of immigration control policies come at an enormous cost, not only to the state and those who are subject to detention and deportation, but also to the regional economy and the national economy of South Africa. In 2009, the Forced Migration Studies Programme at the University of the Witwatersrand (now the African Centre for Migration & Society) undertook an analysis of the costs of policing immigration on the SAPS in the Gauteng Province. Their finding was that it cost the Gauteng SAPS Province some R362.5 million annually to detect, detain and transfer migrants to Lindela Holding Facility. We also know that immigration control cost the Department of Home Affairs R1.8 billion in 2009/10 (a figure that admittedly includes more than merely the deportation of foreign migrants). While some may think that this is money well spent, a closer look at the consequences reveals otherwise.
The Forced Migration Studies Programme research demonstrated that the consequence of policing immigration undermines the ability of the police to tackle serious violent and organised crime in at least three ways. Firstly, foreign migrants are deterred from reporting crime or assisting police with investigations as they fear harassment or extortion. Consequently, there are many thousands of people who do not feel that they can work with the police to tackle serious crime. Secondly, it diverts resources away from the policing of serious and violent criminals. The police often complain of not having enough resources to respond to robberies and assist victims of rape. We now know that over R300 million is being used simply against people whose only crime is not having the correct papers for being in the country. Thirdly, various research has found that, “Corruption is a common feature of immigration policing”, with one in six detainees at Lindela reportedly having secured their release through the payment of a bribe. This contributes towards a culture of corruption in the SAPS which undermines the entire ethos of professionalism and engenders a sense among many police officials that it is ‘normal’ to request money for police favours or in order not to exercise police powers.
So we know that enforcing immigration policy comes at a high cost to the police and the Department of Home Affairs, but it is worth using Isaac’s experience to begin to assess the other, hidden costs:- For at least three months Isaac is likely to lose his income, and the small amount he was able to remit to his family in Zimbabwe will also be lost;
- His family will be less likely to buy South African made consumer goods or goods sold by South African chains in Zimbabwe;
- The person from whom Isaac was renting a room in Kwanokuthula will lose their rental income until they are able to find another tenant;
- The spaza shop where Isaac purchased his groceries will have lost a customer;
- The cellphone company from which Isaac purchased airtime will have lost a customer;
- Isaac will have lost his stock;
- The government will have lost the VAT paid on all Isaac’s purchases.
Moreover, there is little evidence from South Africa or elsewhere in the world that deportations reduce the overall numbers of foreign nationals. If we add these losses to the expenditure by the state, and include a human suffering cost that detention and deportation necessarily exacts, one has to wonder whether any indiscernible benefits of the policy are worth the effort and who (other than corrupt police officials and the companies subcontracted to detain and transfer migrants) gains from this practice. It is unclear what SA’s immigration policy and detention practices are seeking to achieve. As Parliament continues to reconsider the content of the country’s immigration policies, it needs to pragmatically consider the full economic and social costs to our country and our neighbours.
*not his real name
- Chandre Gould and Loren Landau, Chandre Gould is a senior researcher in the Crime and Justice Programme at Institute for Security Studies (ISS). Loren Landau is the Director and Associate Professor, African Centre for Migration & Society, University of the Witwatersrand. This article was first published on the ISS website.Author(s):Chandre GouldHome Affairs Minister Defends Use of Controversial Measures to Exclude Asylum Seekers from SA
The Department of Home Affairs has begun implementing one of the most controversial elements of the Immigration Amendment Bill - the use of pre-screening procedures for asylum seekers at the border. While members of the Department have issued conflicting statements over what this provision will mean in practice, the Minister has stated that asylum seekers will be subject to the ‘first safe country’ principle, and that those individuals who passed through other countries where they could have applied for asylum will be turned away at the border.
Nothing in South African law currently provides for this practice, and our courts have ruled to the contrary, holding that an individual cannot be denied asylum in South Africa because he or she first passed through another country. But there are increasing reports of individuals being turned away at the border on this basis, without any proper determination of their need for asylum protection.
During a National Assembly session on Wednesday 23 March 2011, a member of the Democratic Alliance asked the Minister to provide assurances that she would stop this practice in order to bring South Africa in line with its human rights obligations. The Minister however refused to give such an assurance.
‘While heated debate continues around the proposed amendments to the Immigration Bill, the Minister of Home Affairs has rejected the important role that such debate plays in a parliamentary democracy by implementing some of the amendments without waiting for them to become law,’ said Kaajal Ramjathan-Keogh of Lawyers for Human Rights.
The Minister’s refusal to end this practice contravenes both domestic and international law. Said Ramjathan-Keogh: ‘Home Affairs is not above the law, and may not institute practices that fall outside of existing legal provisions, particularly when the practice is still being debated through the proper legislative procedure. Such procedures are meaningless if the Department chooses to circumvent them.’
Internationally, South Africa is bound by the UN and African Refugee Conventions, which prevent a country from returning an asylum seeker to a country where he or she may face persecution. The practice of turning away individuals at the border violates this non-refoulement principle. In January this year, the European Court of Human Rights found this same practice illegal, ruling that returning an individual to a country whose asylum system was deficient constituted ‘indirect refoulement.’
According to Ramjathan-Keogh, ‘Individuals are being turned away at the border without proper procedures, and risk being unlawfully returned to situations of grave human rights abuses.’
For more information, please contact:
Kaajal Ramjathan-Keogh
kaajal@lhr.org.za
084 514 8039
or
Jacob van Garderen
jacob@lhr.rg.za
082 820 3960Date published:24/03/2011Organisation:Lawyers for Human RightsImmigration Bill Unconstitutional – FIPSA
The Forum of Immigration Practitioners of South Africa (FIPSA) has warned that the proposed changes to the Immigration Amendment Bill are ‘impractical’, will violate the Constitution and destroy thousands of jobs.
FIPSA chairperson, Leon Isaacson, says the proposed amendments did not take into account the Department of Home Affairs’ huge capacity problems and backlogs.
He warns: "The proposed legislation would be impractical, would violate the Constitution and could destroy jobs at a time when the policy of the government is focused on saving and creating jobs."
To read the article titled, “Immigration Bill unconstitutional,” click here.Source:Times LiveLHR: Illegal Immigration Penalties Not Enough
Lawyers for Human Rights (LHR) says the proposed harsh penalties for violations of South Africa’s immigration laws will not stem the flood of migrants crossing into the country, but will cause them to do so secretly.
The organisation argues that the harsher penalties in the Immigration Amendment Bill will perversely defeat the purposes of the Immigration Act that foreigners entering the country declare themselves at a border post.
LHR says it would rather encourage government to study alternatives to harsh penalties and explore policies which will encourage use of border crossings, identification and effective administrative procedures to discourage non-compliance with the Immigration Act.
To read the article titled, “Illegal immigration penalties not enough - Legal body,” click here.Source:Business DayCSOs Criticise Proposed Changes to Immigration Law
Proposed changes to immigration law have received a thumbs-down from civil society groups as being too restrictive and hampering South Africa’s ability to attract skilled migrants.
Several CSOs told Parliament’s home affairs committee during the public hearings on the Immigration Amendment Bill that the reasons for the proposed changes are unclear.
The Centre for Development and Enterprise’s (CDE) Antony Altbeker points out that, “SA’s skills shortage is among the most significant constraints on the capacity of the economy to grow and create jobs.”
Altbeker argues that a higher growth rate and effective health and education strategies require that the country attract much larger numbers of skilled foreigners.
To read the article titled, “Proposed immigration curbs under fire,” click here.Source:Business DayZim Ignored Free Offer to Print Passports - NGO
The Zimbabwean government ignored an offer by the South African government to issue passports to its citizens it has emerged, according to Solidarity Peace Trust.
The organisation says it is worried by the delay by the Zimbabwean government to respond to the offer the South African government had given to assist processing passport for Zimbabweans.
“As one of the NGOs working with both governments to facilitate this process we thought the offer by the South African government was going to assist in a big way,” explains an officer in the Solidarity Peace Trust’s Johannesburg office, who declined to be named because he is not allowed to give press statements.
To read the article titled, “Zimbabwe ignored a free offer to print passports,” click here.Source:ZimEyeFour Days Left for Zim Immigrants to Register
The Department of Home Affairs (DHA) says Zimbabweans living in South Africa illegally have four days left to register for legal documents.
The Department of Home Affairs (DHA) says Zimbabweans living in South Africa illegally have four days left to register for legal documents. In a press statement, home affairs minister, Nkosazana Dlamini-Zuma, points out that, "The final bells for the registration of illegal Zimbabweans living in South Africa are tolling with only four days left before the deadline of 31 December 2010 as set out by Cabinet."
Dlamini-Zuma has also appealed to those who have not applied for their regularisation or those with fraudulently acquired South African documents, to apply or submit such documents before the deadline. She further warned that government will not extend the deadline.
To read the article titled, “Four days left for Zim immigrants to register,” click here.Source:News24New Bill May Discourage Immigration - FIPSA
The Forum of Immigration Practitioners of South Africa (FIPSA) has warned that the proposed amendments to the Immigration Act will have far-reaching consequences for foreigners wanting to invest and work in South Africa, as well as for the domestic immigration industry.
FIPSA chairperson, Leon Isaacson, states that serious problems already exist in terms of the advice provided by staff at embassy offices.
Many of the offices, says Isaacson, are in a deplorable state, adding that to expect someone to stand in queues in those crowded and filthy centres would certainly discourage anyone from coming to the country – whether a student, chief executive or investor.
To read the article titled, “New bill may discourage immigration,” click here.
Source:Fin24NGO Slams Cabinet Over Zim Immigrants
According to People Against Suffering, Suppression, Oppression and Poverty (PASSOP) a NGO committed to the promotion and protection of the rights of refugees and asylum seekers in South Africa, Cabinet's decision to resume deportations of Zimbabweans is tantamount to a death sentence.
In a press statement, PASSOP says that it hopes to meet with the Department of Home Affairs to discuss its unhappiness with the plan and to ensure that the rights of Zimbabweans are protected.
The organisation argues it has been proven that deportation does not work, as the department previously deported in excess of 140 000 people a year at a huge expense. It further says that, "We disagree with the belief that a sustainable solution has been met in Zimbabwe. We do not believe that the humanitarian crisis has been resolved."
To read the article titled, “Refugee group slams govt decision on Zim migrants,” click here
Source:Mail&GuardianSA, Zim, to Meet Over Immigrants
The Department of Home Affairs has announced that an urgent meeting to discuss the documentation of Zimbabwean immigrants living in South Africa, has been planned for this week.
The department’s spokesperson, Ronnie Mamoepa, points out that, “...there had been a great deal of distortion and misinformation particularly from NGO's and so-called immigration expert, aimed at sowing confusion among Zimbabweans in the country.”
Mamoepa explains that there is an agreement between Pretoria and Harare that Zimbabweans need to approach the Zimbabwean embassy in Pretoria or consulates in Johannesburg and Cape Town which will profile their detail to enable them to be document in South Africa.
To read the article titled, “Urgent meeting on Zim immigrants,” click here.
Source:Independent Online

