AUGUST 2016 Contents of the Presentation 1. Purpose 2. Background - - PowerPoint PPT Presentation

TOWARDS A NEW WHITE PAPER ON INTERNATIONAL MIGRATION AUGUST 2016

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• 1. Purpose
• 2. Background
• 3. Rationale for a new White Paper
• 4. Proposed vision and principles
• 5. Policy and strategic proposals
• 6. Capacity for managing International Migration
• 7. Way forward

Contents of the Presentation

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PURPOSE

 The purpose of this presentation is to: 1) Provide an update on the progress made by the Department of Home Affairs (DHA) towards the development of a new White Paper on international migration; 2) Invite comments on the content of the Green Paper on International Migration

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BACKGROUND

The current policy on international migration (IM) is set out in the 1999 White Paper on IM. It is implemented through the Immigration Act No. 13 of 2002 and partly through the Refugees Act No. 130 of 1998. Although there have been significant economic, social, legislative and regulatory changes, there has not been a comprehensive review

• f policy. Essentially, the country’s formal IM policy has remained

in place since 1999 despite significant changes in the country, region and world.

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BACKGROUND

In recent past, the DHA amended the Immigration and Refugees Acts and implemented regulations and strategies to address glaring gaps in legislation. What is required, however, is a comprehensive review of the policy framework that can inform systematic reform

• f the legislation.

It is against this background that the DHA has undertaken a comprehensive review of the current IM policy. The Minister of Home Affairs, Honourable MKN Gigaba, has identified the development of a new IM policy as one of his top priorities during his term of office.

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RATIONALE FOR A NEW WHITE PAPER

 In the 2015-16 financial year, the DHA developed a Green Paper on IM which was approved by the Minister on 29 March 2016. The Paper will be used as a basis for drafting the White Paper on IM. The Green Paper contends that the IM policy is not holistic in that significant policy gaps exist in areas such as management of emigration, SADC labour flows, integration of international migrants and protection of asylum seekers and refugees. The Green Paper contends that the current policy on IM is based on an approach that is largely static and is limited to compliance rather than to managing IM strategically to achieve national goals.

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CURRENT PARADIGM PROPOSED PARADIGM:

 IM is regarded as a routine administrative function – tick-box approach.  Lack of a risk-based, proactive approach to IM.  Capacity (common vision and systems) constraints to manage IM and DHA is regarded as the sole department responsible for IM.  The IM policy is not contextualised – e.g. no policy on SADC migration  IM is not regarded as contributing to nation building.  IM generally beneficial if managed efficiently and strategically.  Approach must be risk-based, balanced against benefits.  A capable state must have a system to manage IM effectively (the whole of the state and society approach).  The IM policy must respond to the African development agenda.  IM is part of nation building

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PROPOSED VISION AND PRINCIPLES

Vision  South Africans must embrace international migration for development while guarding sovereignty, peace and security. Key principles  SA has a sovereign right to manage IM in its national interest which includes:

• National priorities such as national security and development;
• The Constitutional and international commitments; and
• Promotion of human rights, peace and stability in the world.

 SA’s IM policy must be responsive to the Africa development agenda.  SA’s IM policy must contribute to nation-building and social cohesion.  SA’s IM policy must support emigration for development purposes.  A whole of state and society management approach is the bedrock for the new IM policy.

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Management of Admissions and Departures

 Problem statement: The cross-border movement of persons, goods and conveyances is not managed in a secure and strategic manner.  Policy objective: to entrench a strategic, modern, integrated and risk- based approach in managing a secure and efficient movement of people, goods and conveyances.  Key proposed and/or ongoing interventions: Relaxation of visa requirements for certain nationals and categories

• f international migrants

Externalisation of borders through APP and ALO Establishment of the BMA Rationalization and designation of POE Establishment of One-Stop Border Post Regulation of Community Border Crossings Regulation of Off-port limit movements in the maritime POE Adoption of a risk-based deportation strategy

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DATA ON MOVEMENT OF PEOPLE - MCS

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DEPORTATION STATISTICS (2014/15 financial year)

Caveat: figures represent persons detected and deported – could be larger figures Total deported: 2014-15: 54 169 persons. Mozambique, Zimbabwe and Lesotho nationals made up 82% of all deportations during the 2014/15 financial year.

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Management of residency and naturalisation

 Problem statement: The current policy enables holders of certain TRVs to automatically graduate to PR and later to citizenship on the grounds of years spent in the country. The approach is mechanical and does not allow the granting of residency or naturalisation to be used strategically.  Policy objective: The process of granting residence and citizenship status should allow strategic and security considerations and the national priorities of SA to be taken into account.  Key proposed and/or ongoing interventions: Removal of general automatic progression to PR or citizenship. Reserve PR and citizenship to attract high valued migrants.  General work visa holders, refugees and athletes should not be granted PR and citizenship on the basis of years spent in the country. A marriage security clearance must be issued by DHA prior to solemnization of marriages involving foreign nationals.

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Current Visa and Permit Regime

VISA AND PERMIT REGIME

Types of Visa

• 1. Visitors
• 2. Crew
• 3. Study
• 4. Treaty
• 5. Business
• 6. Medical
• 7. Work

(General, corporate, intra- company, critical skills visa)

• 8. Retired
• 9. Exchange
• 10. Relative
• 11. Corporate
• 12. Transit

Functional Services

• 1. Temporary Residence Waivers
• 2. Permanent Residence

Exemptions Refugees Act

• 1. Temporary Residence Visa
• 2. Permanent Residence Permit

Categories of PR

• 1. General Work Visa, 5 yrs

& permanent employment

• 2. Spouse & 5yrs
• 3. 1st step of kinship (parent

& child of SAC or PR

• 4. Permanent employment
• 5. Skills or Qualification
• 6. Business Visa
• 7. Refugee Status & 5 yrs
• 8. Retirement Visa
• 9. Financially Independent

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Management of migrants with skills & capital

 Problem statement: The current policy limits the country’s ability to compete internationally for skills and investment.  Policy objective: Attraction and retention of high-valued migrants; including the fast-tracking of the granting of PR and naturalisation.  Key proposed and/or ongoing interventions: Introduction of a points-based critical skills list. Reserve PR and citizenship to attract high valued migrants (investors and skilled migrants). Granting of a critical skills and business visa must include family members. International students who graduate within the critical skills

• ccupations should be granted PR.

A differentiated skills transfer mechanism is recommended

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DATA ON TEMPORARY VISAS (1 June 2014 - 14 Jan 2016)

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DATA ON PERMANENT RESIDENCE PERMITS (1 June 2014 - 14 Jan 2016)

PR Applications on the basis of being a spouse represent one third of all PR applications received Permanent Residence Category Total applications % 26(b)Spouse 9975 33% 26(a)Worker 5799 19% 26(c)Dependent(<21) 5271 18% 27(g)Relative 2298 8% 27(b)Extra Ordinary Skills 2175 7% 27(d)Refugee 1115 4% 27(e)Retired 953 3% 27(C)Business 875 3% 26(d)Dependent(>21) 621 2% 27(a)Worker 520 2% 27(f)Financially Independent 249 1% 26(c)Dependent(<18) 156 1% 26(d)Dependent(>18) 91 0% Grand Total 30098 100%

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Management of ties with SA expatriates

 Problem statement: The current policy does not enable SA to proactively manage and harness emigration for development.  Policy objective: establishment of an institutional capacity within the state to proactively manage and harness emigration for development.  Key proposed and/or ongoing interventions: State support for citizens who intend to emigrate for study, work and investment purposes. Incentive schemes to motivate SA expatriates to contribute (skills and investment) in the country. Registration of South Africans living abroad Establishment of diaspora ambassadorial and knowledge networks Reintegration programmes for expatriates wishing to return Establishment of an institutional mechanism for managing emegration

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Management of IM within the African context

 Problem statement: The current policy limits the country’s ability to manage IM in line with the African development agenda (AU 2063 Vision).  Policy objective: Support the vision of an Africa where its citizens can move more freely across national borders, where intra-Africa trade is encouraged and there is greater integration and development of the African continent.  Key proposed and/or ongoing interventions: Elimination of visa requirements for African citizens in a secure manner Granting of a long-term multiple-entry visas for frequent travellers, business people, and academics. SADC special work quota visa, cross-border traders & SMME visas. Review of existing bilateral labour agreements. Joint-management of community border crossings.

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Management of asylum seekers and refugees

 Problem statement: SA experiences high volumes of mixed migration flows that tend to utilise the asylum regime to regularise their stay in the country. Only about 5% of the claims are successful since most of the applicants are economic migrants.  Policy objective: Provision of effective and efficient status determination and protection services to genuine asylum seekers and refugees while limiting the abuse of the system.  Key proposed and/or ongoing interventions: Introduction of a SADC special work (quota) visa. Establishment of Asylum Seeker Processing centres closer to the border for secure and humane processing of asylum; including administrative detention centres for high risk applicants. Review of Section 23 permit work and study conditions. Removal of a right to apply for PR on the grounds of years spent by a refugee in the country.

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Registered Asylum Seekers for the past ten (10) years

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Regional Classification

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DATA ON ASYLUM SEEKERS AND REFUGEES National Immigration Information System (NIIS) Asylum seeker permits: (N= 1 061 812) Section 22 Permits that had not Expired as of 1 May 2015 = 78 339 (active cases) Section 22 Permits that had Expired = 983 473 (inactive cases) Refugee permits: (N=119 600) Section 24 Permits that had not Expired as of 1 May 2015 = 96 971 Section 24 Permits that had Expired = 22 629

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Integration of international migrants

 Problem statement: SA has not adopted a clear and coherent integration policy for the integration of foreign nationals in the country’s value system and population.  Policy objective: establishment of a secure, strategic & integrated approach for the integration of international migrants into communities.  Key proposed and/or ongoing interventions: Granting of family-based visas to holders of business and critical skills visas. Granting of PR and citizenship to migrants that are considered to be critical for the achievement of national priorities.  Induction and naturalisation ceremony for naturalised citizens. Issuing of secure and recognisable enabling documents such as IDs and travelling documents to refugees.

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 The need for a ‘whole of government and society’ approach for the management of IM is one of the main themes of the Green Paper.  The first theme is that IM policy is cross-cutting and requires an inter-sectoral governance approach for it to succeed.  The second theme is that DHA needs to be capacitated as the department mandated to lead in the implementation of national policy and administer immigration legislation strategically and professionally.  Thirdly, at the heart of the argument developed in this Green Paper is the proposition that for SA, the cost of a lack of investment in managing international migration is far higher than the cost of building the necessary capacity.  The capacity of the RSA to manage IM depends to a large degree on the capacity of the state to lead and to coordinate across the three spheres of government: local, provincial and national.

CAPACITY FOR MANAGING IM

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Way forward

 In the 2016/17 financial year, the DHA has an APP target of submitting a White Paper on International Migration to Cabinet for approval by 31 March 2017.  On 25th May 2016, the Cabinet approved the Green Paper for public consultation.  On 24th June 2016 the Green Paper was published in the Government gazette for public comments.  On 30th June 2016 the Minister of Home Affairs officially launched the Green Paper for public comments.  The Green Paper is available on the DHA website (www.dha.gov.za) as well as

• n the Government website (www.gov.za).

 Interested persons and organisations are invited to submit any substantiated comments or representations by no later than 30 September 2016. Written submissions should be forwarded to GreenPaper@dha.gov.za

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Thank you Dankie Ke ya leboga Ke a leboha Ngiyabonga Ndiyabulela Ngiyathokoza Inkomu Ndi khou livhuha