State of Ports of Entry and Refugee Reception Offices

Meeting report

Mr A Gaum (ANC) was nominated and elected acting chairperson as the Chair, Ms M Maunye, was absent due to illness.

Status of Ports of Entry
Mr Mkuseli Apleni, DHA Director General, briefed the Committee on the status of both Ports of Entry (PoE) and Asylum Seeker Management.

The mandate of DHA was given as the facilitation of legal entry and departure into and out of the Republic through designated PoE of which there are currently 72. The mandate further includes enforcement of compliance with the Immigration and Refugee Acts and ensuring that all foreigners entering the country abide by the explicit terms and conditions of their entrance permits. The DHA is also responsible for tracing, investigating and deporting foreigners who have overstayed their permits or reside in the country illegally. As such descriptions were provided for admission/departure requirements and key programmes which are increasing the ability of the DHA to control the movement of persons in and out of the country. Emphasis was placed on the fact that visas are granted for a single destination only and the traveller must then clear immigration. It was also noted that there is frequently a lack of compliance with visa regulations and that a penalty system is now in place to deal with those persons who overstay their visas.

The Advanced Passenger Processing (APP) was implemented on 23 November 2009 and enables airlines to report to DHA traveller information for pre-clearance and cross referencing against the DHA Visa and Entry Stop List as well as Interpol. Presently, 43 of 47 airlines operating to South Africa are APP compliant. Since implementation, over 790 prohibited persons have been offloaded from flights, early warnings were issued for over 800 others and travel denied for 1 907 travellers whose passports were deemed lost, stolen, or fraudulent. Other successes relate to drug seizures and human trafficking syndicates.

Director-General Apleni discussed the Trusted Traveller Programme, remarking that it will reduce congestion for regular and reliable travellers and that the biometric data capture system will be finalised within the year.

The Enhanced Movement Control System (EMCS) records traveller arrival into the country by scanning passports. Should a traveller be identified as an undesirable person a ‘hit’ will be generated in the system which may lead to information being relayed to the South African Police Service (SAPS) or refusal of entry into South Africa at the border. Currently 47 PoEs are EMCS equipped with the remaining ports scheduled to go online within this financial year. EMCS has been credited with improving border security and efficiency through faster turnaround times and the programme’s automation has increased the quality and accuracy of recorded data. Furthermore, information-sharing between related law enforcement agencies (SAPS, SA Revenue Service and the State Security Agency) and state departments has streamlined security processes. The EMCS is also seen as preventing one-time travellers from returning illegally as asylum seekers.

A discussion of overall traveller volumes and statistics was given to justify the enhanced security measures. During fiscal 2011/12 a grand total of 35 306 053 persons travelled to South Africa, this number included citizens, foreigners, and inbound and outbound passengers. The numbers were given as evidence that South Africa is an important travel destination.

Director General Apleni continued by relating present issues affecting infrastructure at Ports of Entry with scheduled improvements to be conducted by the Department of Public Works with an allocation of R110 million. Specific focus was placed on maritime PoE where pilot projects are underway in Cape Town harbour, Durban, and Richard’s Bay. These include improvement and upgrading of infrastructure and working environments for staff. Presently many PoE are often staffed by police officials but no DHA officials and thus he warned that PoE became merely gates to the country rather than properly resourced security structures.

Director General Apleni described the rationalisation of PoE which due to the location and large number of PoE, the border environment is faced with large variations in operating hours and are at times poorly staffed and resourced. This contributes to a poor level of security at border posts which can lead to large numbers of undocumented border jumpers and the presence of criminal activity. The Director advised that this situation requires remedy via strategic and coordinated management efforts supported by baseline research which will increase efficiency and create a workable balance between security, trade, and economic development.

As the most prominent example of bilateral development Director Apleni referred to the South Africa- Cuba Cooperation Programme of 2010 which saw the President of South Africa sign a technical agreement covering immigration issues - including a diagnostic analysis of DHA provided by a Cuban delegation in 2011 and a pilot project at OR Tambo International Airport to train 350 immigration officials.

Lastly, Director Apleni noted the challenges affecting Ports of Entry which include the porous nature of the land border and coastline. This has led to ineffective monitoring and has been spurred on by inadequate infrastructure improvements and maintenance, resulting in a lack of capacity to act at an optimal level. Amendments to the Immigration Act of 2002 which emphasise a mandatory landing card, APP, and EMCS will increase DHA’s ability to monitor new arrivals prior to and after arrival in South Africa.

Asylum Seekers Management and Refugee Reception Offices
Director General Apleni stated that South Africa was the number one destination for asylum seekers in the world. However DHA was not in possession of statistics for illegal immigrants in the country. He went on to outline the processes involved when people seek asylum whereby Section 23 permits are issued and allowed a two weeks period to appear before an Refugee Status Determination Officer (RSDO). Section 22 permits are then issued to those awaiting finalisation of their claims. Upon a successful claim a Section 24 permit is issued and refugee status granted under the Refugee Act 1998.

He then directed his outline to deal with RROs, mentioning the four currently functioning centres in Durban, Cape Town, Musina, and Marabastad and informed the Committee that a satellite office had been opened in Pretoria to deal with the overflow of cases from the now closed Crown Mines office and the Tshwane Interim Refugee Reception Office (TIRRO project at Pretoria Showgrounds). As well it was stated that the Cape Town RRO has been given until June to vacate its premises after a letter from the landlord and a court summons.

Following this description, both the RAB and SCRA were introduced with an emphasis placed on the appeal process where all appellants are entitled to a fair hearing. It was noted also that the appeal board has the power to change rulings or decisions taken by an RSDO. It is the role of the SCRA to deal with manifestly unfounded applications. The Director General proceeded by offering statistics including the top five countries of new arrivals by PoE via Durban, Cape Town, Musina, Marabastad, and Port Elizabeth (prior to its closing), as well the numbers of new arrivals were recorded which accounted for approximately 30 000 persons over the four month period from January-April 2012. Extension of existing asylum seeker permits (Jan-April 2012) were issued to 188 409 persons. If this number is used as a reference point for the entire year, roughly 800 000 people were processed by the five, now four, PoE across South Africa, and this number does not include persons not registered at RROs.

Director General Apleni reiterated that progress was being made in terms of implementation of the 2011 Refugee Amendment Act, with an enhanced state of readiness and integration of systems so that refugees/ entrants are not lost. This includes proper filing and tracking of forms and fingerprints. In this area policy development is of grave importance and is necessary to distinguish between economic migrants - skilled and unskilled - as most persons are coming as economic migrants not as asylum seekers.

Immense challenges remain as indications of abuses of the asylum regime by economic migrants become clearer and case backlogs at SCRA are 66 000 and RAB are 74 000 respectively. Furthermore the unsuitable location and infrastructure of RROs has led to court orders to close some of the offices and there is high demand that the situation be remedied as soon as possible.

Suggested ways forward for 2012/13 involve implementing the Docu-File system to improve the filing procedures of documentation and finger prints at RROs, a newly established mechanism to deal with case backlog at the RAB and SCRA, a framework to deal with the future strategic establishment of RROs, and finally increased engagement in bilateral negotiations with neighbouring countries.

Director General Apleni concluded his presentation by stating that there is a deep need to continue to work hard on these issues as the number of persons involved was enormous and major systemic problems remain.

Discussion
Mr M Mnqasela (DA) thanked Director General Apleni for his presentation and asked for clarification regarding the 790 people offloaded from flights under the APP. He wished to know over how long a period these numbers were totalled and wished to know more about the response DHA would take to mitigate against these types of people in the future. He further emphasised that due to the financial limitations on the DHA, its ability to document all potential asylum seekers in a timely fashion was compromised.

Mr Mnqasela (DA) went on to commend the issuing of landing cards which he noted was one area the country had been lagging behind in. He remarked that whenever you go to Botswana the immigration officials question you on how long are you are intending to stay and who you are visiting, which was in contrast to the situation existing previously in South Africa and which he deemed very relevant to help curb criminal activity. Mr Mnqasela also mentioned that the number of persons granted asylum status was relatively small and wondered what happens to the persons who are denied their claims and more specifically what systems are in place to ensure they are repatriated, noting that he believes there are possibly 100 000s of persons living illegally within South African borders. He closed his statements by asking for an update on the current situation on the RRO in Cape Town.

Mr G McIntosh (COPE) opened by saying that it was fantastic to handle 35 million people in a single year, a reference to travel statistics provided by DHA. However, he voiced concerns that after processing the figures there were still 1.3 million foreigners left in the country. He wished to know if indeed these persons were skilled migrants who could contribute to South African society. He noted the emergence of Chinese shops in many areas, stating that many migrants regard South Africa as a ‘honey pot’, coming here predominately for economic reasons. He elaborated by claiming that he believed South Africans to be too ‘kind hearted’ in allowing so many foreigners into the country while simultaneously undergoing strong surveillance by the United Nations High Commissioner for Human Rights. He declared that South Africa has the largest number of refugees in the world and that in many cases migrants come and work hard but they are not on record which is a serious problem. He gave examples of biometric readers in restaurants and blocks of flats in Johannesburg as a possible solution to the issue of documenting new migrants. Mr McIntosh provided further examples of Ethiopians coming by truck or on Somali boats, who upon arrival tear up their passports. He expressed a strong desire that somehow the DHA get a handle on the situation. While he acknowledged that some migrants make a contribution to the economy, they must have legal status to remain in South Africa. DHA needs to give advice to the Minister and Parliament so that money can be allocated and the situation addressed fully.

Chairperson A Gaum (ANC) said that in a recent study visit, some members of the Committee had made to Russia, Russian authorities were absolutely aware of numbers of persons within its borders, giving high praise to an electronic map detailing movements of recorded persons. The Chairperson wished to know how South Africa can attain a similar level of control over movements of persons into and out of the country. He demanded to know if there was a general perception that in South Africa it was relatively simple to attain immigration status and pondered how that idea might be changed. While South African borders may be porous, many other countries including Russia have vast, borders and wished to know how they deal with the problem of porous borders. Did DHA have a succinct plan for the medium term to deal with this issue? He referred to the court system governing asylum seekers by saying that the appeals board seemed to be cumbersome and that it was important to look at speeding up the process by shortening appeal times. The Chairperson continued by touching on the matter of RROs stating that the issue was a pressing one that must be dealt with and resolved hastily.

Director General Apleni responded that there had been a significant shift in the perception and thus support for the DHA in the country, moving away from the perception of being a xenophobic department. He remarked that other countries do not have as many problems with migrants and asylum seekers which demonstrated weaknesses in the South African system, noting specifically that until recently there was no clear definition of who is a refugee. He added that there is a need to be clear on who has the critical skills to add value to the South African economy, while tightening up on refugee and asylum seeker management.

Director General Apleni continued to say that prior to 1994 South African borders were not easy to cross After defence cutbacks, standards fell although now things have reverted back to support for defence and an earnest desire to learn from other countries, such as the state study visit to Cuba. This exposure demonstrated the porousness of sea borders noting that coastal officials have seen boats at night along the shore but there is currently no effective monitoring of coastal waters. Hence, there was a need to go back to the sea and look more deeply into strategies for maritime borders.

In reference to the Chairperson’s comments on the Appeals Board, the Director General said something drastic needed to be done to increase capacity with only three people currently presiding over appeals processing. He noted it is the decision of the Minister where RROs are opened and suggested that the best strategy is to locate RROs in isolated areas. Offices which are presently located in commercial districts have been derided by local businesses as a nuisance. Mention was also made of the fact that RROs in urban areas like Cape Town face far greater volumes of persons then border posts like Musina in Limpopo Province.

In reference to Mr Mnqasela’s questions on the APP, Director General Apleni replied that the 790 persons offloaded from flights is for the past year. The APP could also be used to collect data on yellow fever certification and persons not in compliance with this requirement could similarly be offloaded prior to departure.

In response to Mr McIntosh, the Director General said one of the challenges facing DHA is how to proceed with persons whose asylum claims have been rejected as even after RAB takes a negative decision, the state does not automatically deport. The process is very protracted; claimants are given a decision at six months, and still have the ability to appeal the initial SCRA and RAB decisions.

The Director General continued by discussing fingerprinting at borders stating that when migrants arrive at a PoE there is no system in place to take fingerprints, these exist only at RROs and thus people come into the country and change their status. They become married etc and then there is no integration of systems to verify that no more than one application has been made or that the applicant has been married or had children in South Africa during the application process. Thus the process becomes even more protracted and lengthy.

Chairperson Gaum noted that the asylum process may be abused but he questioned if there was a possibility that South Africa had opened itself to attack, saying that the country must ensure it keeps its own house in order.

Ms N Mnisi (ANC) wanted to know when the remaining PoE would be equipped with EMCS and what if any solutions had been considered to address the severe backlog of cases.

Ms H Makhuba (IFP) wondered if an investigation had been conducted into why Musina has such a low number of migrants as opposed to more urban cities with no external land borders like Cape Town or Durban.

Ms S Rwexana (COPE), in light of visits to RROs, stated that conditions are terrible and no human being could possibly be treated in centres where poor conditions make people impatient. She also questioned foreigners coming to do business in South Africa, with reference to Cape Town and its many Asian shops. She expressed a belief that taxation systems and payment systems needed to be upgraded to ensure proper adherence to tax rules and regulations.

The Director General continued in response to Ms Mnisi’s questions by stating that there is a plan to finish EMCS procurement for the remaining 25 PoE within the next fiscal year. Before the 2010 World Cup, there were only 34 PoE equipped, presently there are 43, and there is a plan to complete 10 this year. Furthermore, R15 million has been allocated for maritime ports out of the total R110 million budget. He also outlined that DHA is looking at increasing the number of border ports to include Maseru (Lesotho), Lebombo (Mozambique), and Beit Bridge (Zimbabwe).

Currently there is a task force to address the case backlog and the DHA is also completing the process to fill openings at RAB, having advertised six positions to appoint new members. In reference to the questioning of Ms Mukhuba, the case of Musina demonstrates people are coming to South Africa for predominately economic reasons - thus very few migrants go to Musina. Instead they go to Cape Town for business. As yet there has been no official study of these details but he expressed a strong desire that new policies must be in the interests of the country.

The Director General continued by stating that there is an inter-agency meeting every two weeks at a national level of security agencies to coordinate measures. He emphasised that DHA must take the lead with regards to movements of people. At many PoE there is only one department in operation and thus there is also a demand to look at which ports need to be kept and which ones closed as a matter of efficiency. However, this is not an easy process, as it must be negotiated with neighbouring countries.

The Director General referred to an exercise conducted in Marabastad by local law enforcement stating that in South Africa there is no legal requirement to register new businesses and yet there is a dire need for documentation in this regard. As such there is a growing perception that foreign businesses are creating unemployment in this country and demonstrates other areas where lawmakers are too lax. He called for stronger laws and regulations regarding income and business registration.

Mr T Mellet (Director: Ports of Entry, Maritime and Aviation Project) spoke about the renovation and maintenance of buildings for which purpose R15 million has been set aside. He said that a location in Cape Town has been identified and will serve as inter-agency office space as well as an RRO. In areas like Durban and Port Elizabeth where facilities are already in existence renovations could be completed speedily but in Mossel Bay and Saldanha Bay where no infrastructure is present, it will take time to build new facilities. However, due to the level of expertise on the committee working together on putting these solutions into action, changes could be implemented in a very short amount of time.

Ms T Gasebonwe (ANC) wished to know what happens on days when nationals from countries who are not scheduled for service go to RROs despite a five-day rule where people are compelled to register.

Mr McIntosh commented that the many aspects of refugees are too big an issue stating that the situation was akin to sleeping with an elephant. He demanded toughness in dealing with people posing as refugees and asked how the Committee could move to repatriate illegal immigrants specifically mentioning people from the DRC and Rwanda. He suggested using the SA Revenue Service (SARS) to pursue the issue.

The Director General made reference to the current DHA strategy of differentiating between newcomers and older arrivals saying that new comers would be served first and accommodated. In regard to the issue of repatriation of persons whose asylum claims have been denied is managed through the International Organisation for Migration (IOM) and UNHCR and is strictly regulated. As such it can take some time to confirm nationalities prior to repatriation and thus there are delays in the process.

Chairperson Guam concluded the meeting by remarking that the Committee supports its obligations under international law and the Constitution but wondered what the DHA has planned to increase the effectiveness of border policing in the medium term. DHA has learned from the Cubans in regards to policing maritime borders but clearer indications of requirements are needed. While this would not happen immediately, DHA needs to find a method to grasp how many people are actually in the country both legally and otherwise. There is a need to expedite the processing of refugees and asylum seekers within a definite framework. This would include specific indications as to how the Committee can move forward to impact upon these issues. He ended by restating the Committee’s total support for the DHA’s initiatives noting recent progressions.

The meeting was adjourned.