South Africa's immigration policy is on the brink of a major overhaul with the introduction of the White Paper on Citizenship, Immigration, and Refugee Protection unveiled this week by Aaron Motsoaledi, the Minister of Home Affairs.
For those unfamiliar with South Africa's current immigration landscape, this explainer delves into the implications of the proposed changes.
South Africa's Current Immigration Policy:
South Africa's existing immigration policy is governed by three main acts: the Citizenship Act, Immigration Act, and Refugees Act. However, these laws often conflict due to piecemeal amendments over the years.
The country has faced challenges with undocumented migrants, escalating xenophobic tensions, and the balancing act between protecting national interests and upholding international humanitarian obligations.
The White Paper: A New Direction:
On November 1, the Cabinet sanctioned the White Paper, leading to its publication in the Government Gazette (No. 49661) on November 10. Motsoaledi described the drafting process as meticulous and thorough.
The draft policy is designed to streamline the processes for granting residency and citizenship to foreign nationals. It also seeks to enhance the protection of refugees and asylum seekers, balancing national security concerns with South Africa's obligations under international migration treaties.
Speaking at a press briefing on Sunday, Motsoaledi said:
“There have been consistent loud voices calling for effective policy measures and legislative interventions dealing with migration in South Africa. These voices grew louder as violent clashes between foreign nationals and citizens reared their ugly heads. Many groups for and many groups against migration are gaining momentum.”
The White Paper also addresses key issues such as the management of refugees and asylum seekers, the process of granting citizenship, and the handling of undocumented migrants.
Key Proposals and Their Implications:
Rethinking International Agreements: One of the most significant proposals is to reconsider South Africa's commitment to the 1951 United Nations Refugee Convention and the 1967 Protocol. This could mean new reservations or withdrawal, impacting South Africa's role in international refugee protection.
“This White Paper proposal is not against the United Nations … We are saying that as a country, we need to press the reset button. It is us, not the United Nations, who in 1996… committed this error.”
In addition, The paper suggests stricter criteria for granting citizenship, potentially affecting the process for foreigners seeking to become South African citizens.
Motsoaledi has called for a comprehensive registry of individuals who obtain citizenship through naturalisation, to be annually presented in Parliament.
Addressing immigration, Motsoaledi expressed concern over the large number of undocumented migrants in South Africa, a situation exacerbated by the absence of accurate data. However, he said that South Africa deports between 15,000 and 20,000 illegal foreigners every year - at significant expense to the government.
To combat illegal immigration, the Minister highlighted the importance of the Border Management Authority (BMA), suggesting that its enabling Act be revised to align with the new policy framework.
He proposed the formation of an Advisory Board, consisting of representatives from various government departments and sectors, to oversee immigration and citizenship matters. This board would also include experts in administration, regulatory affairs, and immigration law.
Furthermore, he suggested bolstering the Anti-Corruption Unit within the Department of Home Affairs by including members from the South African Police Service, who possess broader statutory powers.
Motsoaledi called for new legislation to augment the authority of immigration officers and inspectors.
He advocated for their continuous training and stressed the necessity for legal expertise and policing experience within the Inspectorate.
The Road Ahead
The White Paper's proposals are set to ignite extensive public and international debate. The outcome of these discussions will influence the final shape of South Africa’s new immigration policy.
Observers say this reform is not just about changing laws; it's about redefining South Africa's identity in the global context, balancing national security with humanitarian responsibilities.
The South African Local Government Association (Salga) has welcomed the release of the White Paper on Citizenship, Immigration, and Refugee Protection by the Department of Home Affairs.
The changing population dynamics and geographic boundaries imposed by unmanaged migration has sparked renewed calls for more to be done to manage migration. Local government has jumped to the fore to be part of the solution to see South Africa effectively manage migration, Salga said in a statement.
“Illegal migration presents unique challenges to municipalities and affects the processes of the municipalities differently. There are municipalities with highly fluid populations, particularly those with international borders whose capacity to render services is severely strained by the increased numbers. This ranges from spatial planning, economic growth, safety and security, and provision of services to other constitutional requirements that are expected from the local government sector.’’ Salga president, Bheke Stofile said.
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