some effects of illegal migration and poor borderline control in south africa

SOME EFFECTS OF ILLEGAL MIGRATION AND POOR BORDERLINE CONTROL IN SOUTH AFRICAProf Mike HoughDepartment of Political Sciences, University of Pretoria

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Order of Presentation

• Illegal migration: Extent and causes• Consequences of illegal migration• Regional pressures: SADC, Zimbabwe and

others• Effective borderline control?

ILLEGAL MIGRATION

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Deportations

RSA: Deportations (selected figures)

2008 2009 2010

Lesotho 12 606 14 988 16 668

Malawi 5 259 6 567 4 698

Mozambique 96 826 38 940 26 040

Swaziland 3 086 6 597 2 016

Zimbabwe 167 692 35 693 4 805

Total(all deportations)

288 836 105 960 56 793

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Crime Deportations

Year Number

2000 810

2001 725

2002 1 731

2003 1 070

2004 1 420

2005 1 693

2006 1 192

2007 2 279

2008 2 378

2009 2 972

Jan-Dec 2010 3 293

(2010 Majority – Zimbabwe – 1 385; Mozambique – 995; Lesotho – 400)

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Estimated Extent of Illegal Immigrants in RSA From Selected Countries

TOTAL: 2-8 millionMainly Zimbabweans (up to 3 million)

Mozambicans (up to 1 million)

Lesotho (in some estimates about one out of every three Lesotho citizens)

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Causes of Illegal Migration

1. Poor borderline control

2. Corruption, fraud and fake documents

3. Overstayers and returnees

4. Economic/environmental conditions

5. Opportunities for crime

6. Fraudulent asylum claims

7. South Africa’s “soft” diplomacy regarding Mugabe

8. Political turmoil in Zimbabwe (refugees)

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SOME CONSEQUENCES OF ILLEGAL MIGRATION

Disease

KZN remorse for fence neglect“The Inkatha Freedom Party on Tuesday said the non-existence of the red

fence line was to blame for the outbreak of foot and mouth disease.‘The fence between Ingwavuma and the KwaZulu-Natal north coast was

vandalised over the last few years and has not been reconstructed despite funds being allocated for this purpose’, said agriculture,

environmental affairs and rural development spokesperson Henry Combrinck.

He said the IFP had long questioned the provincial agriculture department’s failure to spend R25m allocated for the reconstruction of

protective fences.‘The broken-down fence alongside the failure to enforce border controls

has resulted in a free flow of infected cattle from Mozambique’, said Combrinck.

South Africa’s leaky borders with Swaziland and Mozambique were responsible for the outbreak of foot-and-mouth disease, he said”.

(1 March 2011)

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Smuggling and Trafficking

SAPS Borderline Seizures 2009/2010Stolen and robbed vehicles

Arrests 76

Number of vehicles recovered 340

Illegal firearms

Arrests 115

Number of firearms recovered 179

Illegal drugs

Arrests 554

Quantity of cannabis seized 87 175,790 kg

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350 Illegal Immigrants Arrested

“About 350 illegal immigrants were arrested in the Crown Mines area of Johannesburg on Thursday, the home affairs department said.

‘At this stage, we can also confirm that of this number, 337 were males of Bangladeshi, Pakistani and Chinese origin while 18 were Chinese

females,’ deputy director-general for immigration Jackie McKay said in a statement.

The group of undocumented foreigners were arrested in the veld while trying to evade home affairs, police and other authorities conducting a

joint operation on Thursday morning.

They were being held at the Lindela deportation centre and would be deported to their countries of origin.

‘We have reason to believe that these 355 undocumented immigrants were smuggled into the country by syndicates operating in both South

Africa and their countries of origin’, McKay said.

(20 January 2011)

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Poaching Across Borders

In 2010, 330 rhinos killed in RSA for horns of which 146 in Kruger Park. Increasing

tendency in poaching in northern part of park, near Mozambique border. In some

estimates foreign poachers – 20% of total. (Also stocktheft – especially on the Lesotho

border)

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Crime Consequences

Number of foreigners in South African jails: April 2009

Crime category Unsentenced Sentenced Total

Economic crimes 1 121 1 781 2 902

Aggressive crimes 1 356 1 632 2 988

Sexual crimes 206 208 414

Narcotics 282 507 789

Other 292 507 799

Total 3 257 4 635 7 892

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Crime Consequences

Foreigners in RSA prisons: September 2010Zimbabwe 3 712

Mozambique 2 337

Lesotho 688

Nigeria 454

Tanzania 294

Malawi 213

Swaziland 130

DRC 86

TOTAL 8 580 (of which 4 868 had already been sentenced)

COST ±R470 million per year

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Crime Consequences

SAPS Parliamentary Briefing – 3 March 2010

“At the same parliamentary briefing, Limpopo chief police Calvin Sengani said the province which borders Zimbabwe, had to deal with foreign nationals ‘flooding our towns and cities. They cause a great number of problems with crime; we arrest them and protect them with resources that are intended for our citizens’”

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Examples of Reports on Illegal Migrants and Crime

Cops crack Chinese fraud syndicate“Police arrested nine members of a Chinese fraud syndicate at the Cresta

office park, in Johannesburg, on Thursday.

Lieutenant-Colonel Lungelo Dlamini said the syndicate recruited Chinese nationals to come to South Africa.

‘Once the foreign nationals are in the country, they are taught English and issued with … fraudulent documents’, he said

Dlamini siad police went to the office part after tip-offs. There, they seized official stands from the Linden police, home affairs and the department

of labour.

Several false car licences were also found and 24 fake passports.

The six Chinese nationals and three South Africans arrested had been charged with fraud and possession of stolen property.”

17 February 2011

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Examples of Reports on Illegal Migrants and Crime

Lead sold as platinum(Zimbabweans and Mozambicans)

(17 February 2011)

Counterfeit Mozambican passports sold to illegal immigrants on

Johannesburg streets(Mainly to Zimbabweans)

(21 October 2010)

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Violence Aimed at Foreigners

All xenophobia? Ermelo unrest – inhabitants say too many foreigners taking away jobs.

In recent attacks on foreign businesses in Harare, a group of about 700 marchers were “carrying

banners aimed against foreigners, including ‘No to foreigners controlling our economy’ and

‘Foreigners, sanctions have destroyed our economy so we want to control our wealth’.”

(News24, 8 February 2011)

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Potential for International Terrorism

“You will remember that the Far East or Asia is an area where we have a lot of activities that are taking place, this is where terrorist organisations emanate from. But we need to guard against this, we need to protect our countries and region.

So, we are saying, as South Africa and Zimbabwe, we have agreed we will do everything in our power to prevent these people from coming into our country. But over and above

this, we want to take this issue to SADC so that our neighbours within SADC are aware of our bilateral position,

and maybe to the AU so the continent is aware of our position”.

(Media Release, South African Minister of Home Affairs,

22 February 2011).

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Overcrowding

Estimate that 70% of inhabitants in informal settlement next to Woodhill in Pretoria not

South African citizens

(D Theron, DA Councillor, Pretoria)

31 January 2011

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RSA White Paper on International Migration : 1999

• “illegal immigrants compete for scarce resources with millions of impoverished South Africans;

• illegal immigrants compete for land, housing, infrastructure, public services such as education and medical care as well as informal trading opportunities;

• illegal immigrants compete for job opportunities and serve as a source of cheap labour to employers;

• illegal immigrants have been and continue to be involved in criminal activities in South Africa;

• illegal immigrants contribute to weakening the state and its institutions by means of corrupting officials, fraudulently obtaining official documentation and undeserved rights and privileges and tarnishing South Africa’s image locally and abroad.”

REGIONAL PRESSURES

Regional Pressures

Free Movement of people: African Economic Community Treaty (1991)

Article 6(2)(f): “Sixth Stage:Within a period not exceeding five (5) years:(i) consolidation and strengthening of the structure of the African

Common Market, through including the free movement of people, goods, capital and services, as well as the provisions therein regarding the rights of residence and establishment.”

Article 43: “General provisions1. Member States agree to adopt, individually, at bilateral or regional

levels, the necessary measures, in order to achieve progressively the free movement of persons, and to ensure the enjoyment of the right of residence and the right of establishment by their nationals within the Community.

2. For this purpose, Member States agree to conclude a Protocol on the Free Movement of Persons, Right of Residence and Right of Establishment.”

Regional Pressures

SADC Protocol on the Facilitation of Movement of Persons

Article 14: “Entry of persons

1. State Parties agree to ensure that within a period to be stipulated in terms of Article 4 of this Protocol a citizen of a State Party who wishes to enter the territory of another State Party as a visitor shall be admitted without the requirement of a visa.”

Regional Pressures


Article 17: “Residence permits

1. Permission to reside in the territory of another State Party shall be sought through an application for a residence permit.

2. An application for a residence permit shall be made by the applicant to the appropriate authorities of the relevant State Party in accordance with the laws of that State Party.

3. Each State Party whose authorities are handling an application for a residence permit shall ensure that the processing of such application is not unduly delayed.

4. A residence permit issued pursuant to this Protocol shall be in accordance with the laws of the State Party concerned.”

Regional Pressures


Article 18: “Meaning of establishment

Establishment shall mean permission or authority granted by a State Party in terms of its national laws, to a citizen of another State Party, for:

(a) exercise of economic activity and profession either as an employee or a self-employed person;

(b) establishing and managing a profession, trade, business or calling.”

Regional Pressures


Article 19: “Granting of establishment

Each State Party shall, in terms of its national laws, grant permission for the establishment to citizens of other State Parties.”

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EFFECTIVE BORDERLINE CONTROL?

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Effective Borderline Control?

Admin, fence hamper border control“Musina – Administrative problems and a massive fence riddled with holes

are hampering monitoring of the Zimbabwean border, the SA National Defence Force (SANDF) said on Wednesday.

The fence had not been repaired since December because the company responsible for this had been liquidated, Lieutenant-Colonel Johan

Herbst told Parliament’s defence committee.

During an inspection of the fence, the committee found dozens of holes cut into the fence. Some holes were within metres of each other, others

every few kilometres.

‘This is not a fence anymore, it is a walk-through’, said SANDF spokesperson Major Ronnie Maseko.

Herbst said the tendering process for a new contractor was still underway.”

(28 April 2010)

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RSA Border Management Agency

“Addressing journalists yesterday at a briefing on the activities of Cabinet’s Justice, Crime Prevention and Security Cluster for the next year,

Radebe said the agency ‘will improve the security of our borders and ports of entry and promote cooperation of security agencies in the

region and meanwhile boosting the economic trade relations. It shall also bring about improved management of population registers in

Southern Africa.’

Radebe’s is the first word on the agency since State Security Minister Siyabonga Cwele referred to it in his budget vote last July. Cwele said ‘deficiences in the control and security of our borders have been … a

challenge for some time now. These emanate mainly from lack integration departments at our ports of entry. They are facilitated by

corrupt officials; they are exploited by trans-national crime and people smuggling syndicates’.

(4 March 2010)


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BMA now set for 2014“Government says the establishment of a Border Management

Agency (BMA) ‘is receiving due consideration and will be finalised by 2014’.

…Regarding the South African National Defence Force, Radebe

noted it will ‘continue to safeguard our borders, through a four-phase deployment plan. The 1st and 2nd phases involving borders with Zimbabwe, Mozambique and

Swaziland have been finalised. Phases 3 and 4 which involve borders with Lesotho, Namibia and Botswana will

be rolled out soon. The cluster will also be looking at alternative ways, including the use of technology, to

safeguard our borders’.”(22 February 2011)


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RSA 2011 BUDGETSANDF members on borderline:

1 168 in 2011/12

2 158 in 2013/14

R347,721 million for borderline control and R943,833 million for peace support in Africa

(In 1994 ±28 companies deployed)


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Move to close immigration loopholes

“Mr Apleni also said there were too many ports of entry to SA and they were poorly managed, with some having only a single police officer on duty at the time. He said there was a need to rationalise points of entry

so that foreign nationals seeking to enter to SA were adequately screened.

The department also noted problems with current legislation which allowed foreign nationals to change their status while in SA. ‘This leads to them

entering the country under false pretences, for example as tourists, instead of stating their true intentions’.

In response to a question, Mr Apleni said the number of people who had entered SA as tourists and then disappeared could not be estimated. A

report on the success of the new movement control system, implemented at major points of entry for the World Cup, would be

available in September, he said.”

(Director-General of Home Affairs, 11 August 2010)

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Zimbabwe – special dispensationUndocumented could apply to legalise their

stay up to end December 2010. 280,000 applied with 60,000 still waiting for

Zimbabwe passports. Envisaged completion date – end July 2011. A total of 17,000 had

no documents at all. Deportations to commence again later in 2011.

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RSA Minister of Defence:“‛The SANDF has made noticeable achievements

since its deployment to the borders. Farmers and business people along the borders have reported a

drop in cross-border crime, and a number of arrests have been made which have impacted

heavily on syndicates trading in illegal goods and vehicle thefts,’ Sisulu said at a media briefing by Cabinet’s International Cooperation, Trade and

Security cluster.”(February 2011)

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RSA Minister of Defence:

“‘The SANDF, in partnership with the South African Police Service (SAPS), are working with law enforcement agencies of the region to investigate and stop cross border crimes,’ she added. The SANDF currently has four companies deployed along the Zimbabwean and

Mozambican borders, with bases at Pontdrift and Musina in Limpopo, Macadamia in Mpumalanga and Ndumo in KwaZulu-Natal

(KZN). ‘To ensure safe and secure tourism we have now started deploying on our border along the Kruger National Park. We will also deploy inside the Park to support the internal security of the Kruger

Park and to assist the SAPS with combating rhino poaching. We seek to create a crime free environment that guarantees safe

tourism. We also seek to stop the illegal movements of people and goods and related criminal activities’.”

(Feb 2011)

Thank You

Questions?

some effects of illegal migration and poor borderline control in south africa

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