Download - ICMA 2014_Panel 3_Roni Amit
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Expanding ‘Illegality’ in Policy & Practice
The Limits of South Africa’s Migration Management Regime
International Conference on Migration in AfricaIrregular Migration 3 December 2014
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The Duality of Illegality
Securitisation Increased illegality
1.Who is illegal? Expanding categories of illegal migrants
2. What is illegal? Range of government actions falling outside of the legal framework in migration
management
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Background
• Few migrants from Africa during Apartheid• No refugee legislation, apartheid-era
immigration legislation• Introduction of rights-based Constitution and
legislation: 1998 Refugees Act, 2002 Immigration Act
• Gap between public sentiment/policy interests and legal framework as migration numbers grew
• Situation of migrants only loosely determined by law – role of bureaucratic autonomy
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Bureaucratic Autonomy
• Pace of immigration outstrips institutional capacity
• Anti-migrant sentiment• Relatively weak civil society• Dominance of ANC’s National Executive
Committee• Weakening of judiciary
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Migration Policy and the Securitisation of Migration
• Securitisation = border control, entry restrictions, detention and deportation
• Reframing of migration as solely a security issue– development and humanitarian goals drop out
• Linking of migration and crime• Asylum as a security issue
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Migration Policy and the Securitisation of Migration
An irregular migrant population of 2.5 to 5 million is having a dire effect on “housing, health services, education, crime, drugs, transmittable diseases” and undermining the welfare of the country.”
– Former Home Affairs Minister DG Buthelezi (1997)
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Migration Policy and the Securitisation of Migration
“A combination of large numbers of asylum seekers, gaps in the law, weak systems and corruption has led to widespread abuse of an overloaded system by criminal syndicates who smuggle and traffic people from as far as the Horn of Africa and Asia. This has led to widespread corruption and social and security problems.”
– ANC Policy Document (2012)
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Policy in Practice • Detention a legal black hole
– No access to legal rights– No legal identify in detention– Presumption of illegality
• Asylum seeker as illegal foreigner– Asylum application does not negate illegal
foreigner status – Illegal entry = illegal foreigner even if stated
intention to apply for asylum – Administrative transition from asylum seeker
to illegal foreigner w/o status determination
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Legal Changes Driven by Securitisation
• Immigration Act Amendments– Increased barriers to skilled migration– Framed in terms of security and crime concerns
• Proposed changes to Asylum Application Form – Questions about employment, skills, financial security– Aimed at identifying more desirable types of migrants– Merging of immigration and asylum regimes
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Myths Informing Migration Policy
Myth #1 SA being overwhelmed with migrantsReality: 1.6 million foreigners, or 3.3 % of population (2011 census)
Myth #2SA shouldering higher burden than other African countries Reality: hosts relatively lower number of refugees
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Myths Informing Migration Policy
Myth #3 Links between foreigners and crime Reality: No evidence of: high crime rates by foreigners, crime syndicates, trafficking
Myth #4Increased deportation and border security deters migration Reality: no deterrent effect, fosters crime/corruption
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Myths Informing Migration Policy
Myth #5 Immigration Act too permissive Reality: Denies avenues for legal entry, contributing to undocumented migrants
Myth #6Migrants are a net economic drainReality: self-sufficient, contribute to the economy
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Myths Informing Migration Policy
Myth #795% of asylum seekers are economic migrants Reality: mixed migration motives; 50% have only economic motives
Lack of alternative regularisation options pushes economic migrants into the asylum system – points to need for better migration management regime
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Effects of Securitising Migration Mgmt
• Does little to reduce migration while increasing undocumented migrants– Economic conditions drive migration
• Negative effect on wages and employment conditions
• Fosters criminality and corruption – Targeted by authorities for extortion – Diverts resources from crime fighting– Creates opportunities for criminality at the border
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ConclusionFeatures of SA Immigration Policy
• Largely reactive• No specific goals outside of exclusion • Not evidence-based• Increasingly takes place outside of the legal
framework, under security justification• Legal framework removed from daily reality of
migrants • Motivated almost entirely by keeping out
perceived illegal foreigners• Not achieving country’s goals