REPUBLIC OF ZAMBIA MIGRATION MANAGEMENT PROTECTION SENSITIVE - - PowerPoint PPT Presentation
REPUBLIC OF ZAMBIA MIGRATION MANAGEMENT PROTECTION SENSITIVE PROCESSES (LESSONS FROM ZAMBIA) PRESENTED BY: MULENGU BORIS IMMIGRATION DEPARTMENT REPUBLIC OF ZAMBIA Revisiting the Migration Regimes in the EAC,SADC and COMESA SAIIA HEAD
MIGRATION MANAGEMENT –PROTECTION SENSITIVE PROCESSES (LESSONS FROM ZAMBIA) PRESENTED BY: MULENGU BORIS IMMIGRATION DEPARTMENT REPUBLIC OF ZAMBIA Revisiting the Migration Regimes in the EAC,SADC and COMESA SAIIA HEAD OFFICE, UNVERSITY OF WITWATERSRAND,JOHANNNESBURG,SOUTH AFRICA 8th September, 2016
– To showcase intervention undertaken by the Zambian government and Co-operating partiners in addressing mixed migration challenges in the recent past. – To demonstrate how these intervention have improved migrant rights – To show the link between protection of migrant rights and regional trade – To highlight existing challenges still affecting the migration management in Zambia
– Zambia like other counties in the region is struggling with an increase of irregular migration. – Increased irregular migration has exposed a number of legal and administrative inadequacies in the management migrants. – These challenges have necessitated review of existing mechanism to address protection needs of vulnerable migrants and easy the process of managing migration.
– Zambia is a landlocked country but has only 43 official entry points – Total number of entries into Zambia (year 2015) 1,400,119
– Total number of presumed Victims of Trafficking and Subjects of Smuggling(by 5/9/16) 467 – Total number of deaths in transit (by 5/9/16) 21
– Inadequate Identification and referral mechanisms – lack of differentiated Protection – Poor co-ordination among stake holders – Fragmented institutional and national guidelines – Inadequate shelters for vulnerable migrants – Inadequate capacity among FLO – Unclear alternative to detention procedures – Archaic legislation and procedures – Gaps and rigidity in legislation – Unclear guideline between the procedure for handling economic migrants and vulnerable migrants
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management in Zambia.
– Development of national guidelines for the protection of vulnerable migrants. – Legal review – Strengthening institutional and administrative mechanisms
Dar conference extract The Action Plan is structured around six main areas that emerged from discussions during the Regional Conference: (1) Legislative reform and review of policy, (2) Capacity-building, (3) Operations, (4) Outreach, (5) Data Collection and Analysis and (6) Cooperation and Coordination. General targets are recommended in relation to each area, in order to provide a basis for evaluating progress, when the Regional Conference reconvenes, as proposed, in two years. Relevancy to Regional Economic Communities At the regional level, the African Union (AU) and the Regional Economic Communities (RECs), including the EAC, SADC, IGAD and COMESA, will be important partners in moving the Action Plan forward, providing a platform for continued dialogue and collaboration. Member States to these bodies are encouraged to ensure that issues related to refugee protection and mixed migration are appropriately prioritized and resourced.
vulnerable migrants in Zambia)
– Regional Conference on Refugee Protection and International Migration: Mixed Movements and Irregular Migration from the East and Horn of Africa and Great Lakes Region to Southern Africa (Dar es Salaam, Tanzania, 6-7 September, 2010 Action Plan)
migration ( IOM, UNCIEF, UNHCR) 2013
– Technical working group on Mixed migration 2013 – Migration experts from key institutions – Informed by existing regulatory frame work
– Minimum Standards Guidelines(FLO” manual) – Profiling Form( assessment form) – National Referral Mechanism( service Map) – Training Manual
migrants in Zambia)
– To enhance identification, referrals and service provision to vulnerable migrants. – Not to establish new laws – Consolidate already existing procedures and guidelines – Harness synergies among first lines officials (Strengthen) – Highlight importance of Identification, referral & service provision – Emphasis on legal obligation to Human rights approach
– Refugees & asylum seekers; – Rejected asylum seekers; – Victims of trafficking; – Stranded migrants; – Stateless migrants and un accompanied and separated minors.
as well as national legislation and S O Ps
– Transnational Organized Crime (TOC) Convention and its supplementary Protocols, including Protocol to Prevent, Suppress & Punish Trafficking in Persons – Convention relating to the status of refugees (& its 1967 Protocol) – Child Rights Convention (among others)
includes:
– Constitution of the Republic of Zambia – Anti-Human Trafficking Act No. 11 of 2008 – Immigration & Deportation Act, No. 18 of 2010 – Refugees Control Act No. 40 of 1970 – National Policy to Combat Trafficking in Persons – Immigration Standard Operating Procedures, 2011
return is likely to expose them to danger.
– Definition of a child aligned with international standard – Deportation of victims replaced with repatriation thereof
– Incorporation of chapter on vulnerable migrants
– The training of 106 officers in Mixed migration. – Training of 68 media personnel in Mixed migration reporting – Training of 102 personnel involved in refugee status determination (DJOC) – Assisted voluntary repatriation of over a 100 Ethiopians presumed victims of trafficking. – logistical support for the relocation of victims of trafficking to shelters and places of safety. – AVR of 40 migrants pardoned by the president (serving 15 year jail sentences) – AVR of 21 unaccompanied minors – The Prison exchange program between Zambia and Angola
– Dahir Jama Shire-Case record number 2015/crmp/com/0136 – The People Vs Maputu Muzala Ssv2/111/14 – Tobias Tumbela and 40 others CAUSE NO: 2BL/151/14 – The People Vs Boston Sinyangwe and Bruce Mwape (2SPG/066/2016) – The people v Zawadi William Shonde and three others
Assessment:
1) Identify various categories of vulnerable migrants by administering the Profiling Form 2) Refer migrants to relevant authorities & service providers 3) Provide appropriate protective services 4) Enhanced coordination among partners
1) Identify various categories of vulnerable migrants by administering the Profiling Form 2) Refer migrants to relevant authorities & service providers 3) Provide appropriate protective services 4) Enhanced coordination among partners
– Shared at National & RCP including MIDSA, International Detention Coalition & IOM national & regional conferences. – Have informed legal audit of the Immigration , Prisons and Anti- Human trafficking Act. – Improved Immigration case disposal rate – Reduced Immigration related Human rights complaints
– Reduced over crowding – Enhanced the participation of other FLO officials and Migrant communities in Migration Management – Eased the repatriation/ return of migrants – Improved pre-detention Medical checks ups – Increased awareness and number of informers – Encouraged human rights approach in applying immigration laws – Proof of relevance of RCP
– Increased Capacity on trafficking and smuggling in persons (resulting in in successful prosecution of cases) – Shared responsibilities on migrant issues – Uniform application of Immigration laws and S O P – Opened up discourse on Migration among stake holders – Increased transparency – Increased migrant confidence and compliance
How do these interventions these contribute towards the realization of the tripartite free trade area? Human rights is an essential factor for free trade. MULENGU BORIS Department of Immigration, Zambia