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PRESENTATION TO THE PORTFOLIO COMMITTEE ON HOME AFFAIRS

REGIONAL MIGRATION TRENDS AND REGIONAL INTEGRATION

5 MAY 2015

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PRESENTATION OUTLINE

1. Purpose of the Presentation 2. Background: Regional Migration Trends3. SADC Protocol on the Facilitation of Movement4. DHA Asylum Seeker Management Mandate 5. Enabling documents for Refugees6. Asylum trends for the 2014 calendar year7. Towards a Regional Framework on the Management of Asylum Seekers and Refugees8. Stakeholder engagements on integration9. Zimbabwe Special Dispensation

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1. PURPOSE

• To provide information on regional migration trends to South Africa and South Africa’s position in relation to the SADC Protocol on the Facilitation of Movement of Persons

• To provide the latest 2014 asylum trends to South Africa based on data of Home Affairs and the participation of the Department of Home Affairs in regional integration efforts as they relate to asylum seekers and refugees

• To provide information on the Zimbabwe Special Dispensation project as a means to relieve the pressure on the asylum determination regime and document Zimbabwean nationals residing in South Africa under the Immigration Act

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2. BACKGROUND: REGIONAL MIGRATION TRENDS

After 1994 an increased flow of foreign nationals helped growth through trade, skills, investment and tourism.

Globalisation also brings serious risks and threats such as trafficking in people, drugs, contraband and various species.

South Africa’s level of development is a pull factor for economic migrants, most of whom follow historical patterns of labour migration within Southern Africa.

Wars and conflicts have also increased the numbers of asylum seekers and refugees requiring protection.

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• SA receives various categories of international migrants from almost all regions of the world. In 2014, South Africa recorded over 27 million arrivals and departures.

• At least 90% of the movements involve SADC nationals. Thus, South Africa needs to improve its immigration system so that it facilitates movement of desirable migrants.

• In addition to visiting South Africa, significant numbers of SADC nationals transit through SA to the continent and the world.

• South Africa’s migration profile includes international migrants with critical skills, low skills, capital investment and those who are in need of asylum and humanitarian protection.

2. REGIONAL MIGRATION TRENDS

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2. REGIONAL MIGRATION TRENDSMovement of top 10 nationalities in 2014: Arrivals and DeparturesNationality TotalZimbabwe 6 612 361Lesotho 5 946 659Mozambique 4 050 679Swaziland 3 102 978Botswana 1 944 262United kingdom 1 025 571United states of America 736 577Germany 617 888Namibia 538 018Zambia 388 529Total 24 963 522Total Movement (of ALL countries) 27 513 331% Top 10 out of Total movement 90.73%% of SADC Countries Movement in Top 10 90.47%

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3. SADC PROTOCOL ON THE FACILITATION OF MOVEMENT OF PERSONS South Africa has signed and ratified the SADC Protocol on the

Facilitation of Movement of Persons. In addition to South Africa, only Botswana, Mozambique,

Swaziland and Zambia have ratified the Protocol. In line with the spirit of the Protocol, South Africa has instituted

90-day visa waivers for nationals from SADC countries, except for nationals from the Democratic Republic of Congo (DRC), Madagascar and Angola.

South Africa has been willing to extend the visa waiver to Angolan citizens; however, Angola has been unwilling to reciprocate.

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4. ASYLUM SEEKER MANAGEMENT: MANDATE The Mandate of the Chief Directorate: Asylum Seeker Management is included in the Refugees Act 130 of 1998

To provide for the reception into South Africa of asylum seekers

To implement effective and efficient asylum seeker and refugee management strategies and systems.

To regulate applications for and recognition of refugee status To provide for the rights and obligations flowing from such

status which includes enabling documentation. Provide support services to Refugee Appeals Board and

Standing Committee for Refugees as provided for in the Refugees Act, 130 of 1998.

4. ASYLUM SEEKER MANAGEMENT: MANDATE (cont.)

To engage with partners on issues affecting local integration of refugees (e.g. state departments, NGOs, lawyers, tertiary institutions, etc.)

Participate during national, regional and international platforms deliberating on issues of refugees (interdepartmental, SADC, AU, UNHCR and other global forums).

Implement Cabinet-declared cessation processes, based on advice from the UNHCR, such as the recent Angolan Cessation process.

Provide up to date country of origin information to support the adjudication of asylum applications at first instance, review and appeal stages.

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• If the claim of someone who applies for asylum is approved, such person becomes a recognised refugee and he or she is issued with a Formal Recognition of Refugee Status document in terms of Section 24 of the Refugees Act.

• Further, in terms of Section 27 of this Act, recognised refugees are entitled to an identity document and a South African Travel Document on application.

• During the 2014/15 financial year, the Department was able to process and issue 3868 Refugee Identity Documents

• During the 2014/15 financial year, the Department was able to process approximately 9557 South African Travel Documents for refugees.

5. ENABLING DOCUMENTS FOR REFUGEES

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New Arrivals

A total of 71 914 new arrivals were registered between January and December 2014.

2014 new arrivals indicate a slight increase in the number of registered asylum seekers – about 1 900 plus – as opposed to the 70 010 new arrivals registered in 2013.

Gender Breakdown

Of the new arrivals registered during 2014, 68% (48 987) were male applicants whilst 32% (22 927) were female applicants.

6. ASYLUM TRENDS FOR THE 2014 CALENDAR YEAR

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The top five sending regions are:

SADC: with 34 477 asylum seekers (with Zimbabwe as the top sending country) ,

Western Africa with 13 011 asylum seekers,

Eastern Africa with 12 126 asylum seekers,

South-Central Asia with 8 617 asylum seekers, and

Central Africa with 1 957 asylum seekers

6. ASYLUM TRENDS FOR THE 2014 CALENDAR YEAR (CONT.)

Regional classification – Top 5 Sending Regions

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Between January and December 2014, a total of 75 733 asylum cases were adjudicated and finalised at the first instance Refugee Status Determination (RSD) stage, according to data sourced directly from the National Immigration Information System (NIIS).

The number of adjudicated cases during the year 2014 includes cases registered in 2013 and 2014.

Only 12% of all adjudicated cases were approved.

6. ASYLUM TRENDS FOR THE 2014 CALENDAR YEAR (CONT.)

Refugee Status Determination

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Approved Cases (12%)

A total of 9 230 asylum applications were approved and refugee status granted during 2014. Approvals were granted to nationals from the following countries:

6. ASYLUM TRENDS FOR THE 2014 CALENDAR YEAR (CONT.)

Ethiopia (3 041)

Congo (599) Burundi (41)

Somalia (2 903)

Eritrea (167)

Rwanda (24)

DRC (2 321) Uganda (62)

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The majority (88%) of asylum applications adjudicated during the 2014 calendar year were rejected either as:

Unfounded (39%) or

Manifestly unfounded (49%)

These findings further confirm that the majority of asylum claims indeed fall outside the definition of a refugee as outlined in Section 3 of the Refugees Act No 130 of 1998.

6. ASYLUM TRENDS FOR THE 2014 CALENDAR YEAR (CONT.)

Refugee Status Determination

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DHA hosted the Regional Refugee Steering Committee Meeting from 02 to 03 March 2015 in South Africa.

The meeting served as a preparatory meeting to the Public Security Sub-Committee (PSSC) Meeting envisaged to be held in June 2015 in South Africa.

South Africa is the Chair of the SADC Organ on Politics, Defence and Security.

7. TOWARDS A REGIONAL FRAMEWORK ON THE MANAGEMENT OF ASYLUM SEEKERS AND REFUGEES

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The Refugee Commissioners Sub-Sub Committee (RCSSC) in 2012 mandated the Refugee Steering Committee to develop a Regional Framework on the Management of the Asylum Seekers and Refugees as a key priority.

To date, the Steering Committee established a Legal Experts Task Team, comprised by Troika members, which analysed the refugee legislative frameworks of member states and made recommendations for the development of the regional framework.

7. TOWARDS A REGIONAL FRAMEWORK ON THE MANAGEMENT OF ASYLUM SEEKERS AND REFUGEES (cont.)

7. TOWARDS A REGIONAL FRAMEWORK ON THE MANAGEMENT OF ASYLUM SEEKERS AND REFUGEES (cont.)

The purpose of the meeting held in March 2015 was to consider further recommendations made by the Commissioners during the Public Security Sub-Committee meeting which took place in Tanzania in 2013 and decide on the way forward as far as the Regional Framework is concerned.

South Africa was requested by the SADC Refugees Steering Committee (RSC) and Legal Experts meeting to populate the Zero Draft Framework and share it with Member States.

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7. TOWARDS A REGIONAL FRAMEWORK ON THE MANAGEMENT OF ASYLUM SEEKERS AND REFUGEES (cont.)

South Africa populated the Zero Draft Framework.

On the basis of the information shared, the meeting decided to refer the Zero Draft Framework on the development of the Common Regional Asylum and Refugee Management Policy to the Refugee Commissioners Sub-Sub Committee (RCSSC) for consideration and adoption.

This will take place during the Public Security Sub Committee meeting scheduled for June 2015.

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DHA partnered with the City of Tshwane to host 12 workshops between January and March 2015 with the Metro Police. The purpose of these workshops was to educate the police on the rights and responsibilities of asylum seekers and refugees in order to ensure that they are at all times treated with the dignity afforded to them by the Constitution.

The Department of Arts and Culture is the custodian of Outcome 14 – social cohesion. DHA participated in a Social Cohesion Imbizo in Chatsworth, Durban on 13 March 2015, Human Rights Day commemoration events on the 20 and 21 March 2015 and the Social Cohesion Summit in Port Elizabeth on 30 March 2015.

8. STAKEHOLDER ENGAGEMENTS ON INTEGRATION

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In addition, DHA participates in the Outcome 14 Technical Implementation Forum, which steers the implementation and evaluation of the Medium Term Strategic Framework.

The Director General of Home Affairs launched an Immigration Stakeholder Forum on the 13 April 2015 in Pretoria. The Forum whose membership includes Departments from all three tiers of government is intended as a platform to raise awareness, improve planning and coordination on all facets of migration, including matters pertaining to asylum seekers and refugees.

8. STAKEHOLDER ENGAGEMENTS ON INTEGRATION (cont.)

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DHA is a standing member of the United Nations High Commissioner for Refugees (UNHCR) Protection Working Group (PWG). The PWG is made up of participants from international bodies, government departments and civil society. It was established in the aftermath of the 2008 xenophobic attacks and was reactivated following the outbreaks of violence in Soweto on 19 January 2015. It meets on a bi-weekly basis.

8. STAKEHOLDER ENGAGEMENTS ON INTEGRATION (cont.)

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The Department has recognised the need to facilitate the movement of people from Zimbabwe to the Republic given the economic conditions in Zimbabwe.

A Special Dispensation was approved and extended to qualifying Zimbabwean nationals to apply for this dispensation by 31 December 2014.

Zimbabweans who qualify, will receive Special Dispensation visas that will be valid until 31 December 2017.

This is an on-going effort by the government to ensure that Zimbabwean nationals are able to work and study in the Republic lawfully under the Immigration Act and thus address the misuse of the asylum determination regime, for documentation purposes.

9. ZIMBABWEAN SPECIAL DISPENSATION

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A total of 208, 967 applications were lodged by Zimbabwean nationals by 31 December 2014.

As of 28 April 2015, a total of 129,783 applications have been adjudicated, thus representing 62.1% of all applications received.

Of the total applications adjudicated to date, the vast majority have been approved.

A total of 3,291 applications have been rejected, representing 1.6% of the total number of applications adjudicated to date.

9. ZIMBABWEAN SPECIAL DISPENSATION (cont.)

Thank you!End

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