Democracy and Good Political Governance: input from Departments of Foreign Affairs and Home Affairs and the Forced Migration Stu

Immigration laws effectively prevented employers from legally accessing foreign labour unless they were willing to navigate a lengthy, expensive, and difficult work-permit application process. While large corporations might do this for highly skilled employees, such procedures were rarely followed for the majority of non-nationals. Given the added flexibility and lower wage bill that typically came from hiring non-nationals, it was not surprising that employers frequently hire undocumented labour.

Although there were examples of co-operation among government officials across the range of departments and levels, responsibility for the immigration and asylum regime remained a matter almost fully within the bailiwick of the national government. In a country in which Provincial and

Local governments were assigned impressive authorities and duties, their exclusion was particularly notable.

In both principle and practice, South Africa’s immigration policy had continued to be strongly influenced by the control ethos that shaped the pre-1994 regime. The focus on identity documents, detention, and deportation was illustrative of this, as was the need for asylum seekers and refugees to report regularly to designated reception offices. Even recent discussions about harmonising regional instruments had rarely considered initiatives for facilitating immigration, but had instead focussed on new measures to limit it. These included inter alia, proposals to create asylum seeker camps and a computerised database listing all immigrants, refugees, and asylum seekers entering the region so that governments might trace individuals to prevent smuggling and human trafficking along with ‘asylum shopping’ or irregular movement. Although the new ‘Smart Card’ system might improve refugee protection, it was suspected that it would be used more effectively to try to control and regulate refugees. The new SADC Protocol on Free Movement of Goods and People would do little to change this.

Discussion
Ms Mgabadeli said that there was a lot of forced migration that had happened prior 1994 within the country due to violence. It seemed like the Forced Migration Programme did not deal with forced migration inside the country. Looking at the terminology used in debates on the issue of migration, the impression was that only Africans/blacks migrated. The truth was that there were a huge number of white migrants but the statistics were seldom released. There was a big building in Kempton Park that had been built by Italian prisoners. The question was what had happened to those prisoners. Did they go back to Italy and were all Greek historians in the country legally? She asked who owned the Lindela Repatriation Centre. Why were all the problems in the Centre put on the doorstep of the Department of Home Affairs if the Centre was not owned by the Department?

Ms Palmary replied that forced migration prior 1994 was important. It seemed like South Africa had just woken up to the issues of migration but this was not the case. There were many people who had been forced out of their homes due to conflicts prior 1994. There was little that could be said about such people and the Forced Migration Studies Programme was about to initiate a study to look at forced migration prior 1994. She was unaware of anybody who had done researched on migration prior 1994. There was little information on most things that happened during the apartheid years.

She agreed that the debate on migration and immigration in particular was racialised. It was true that the majority of people who reported harassment were black Africans. There was a long history of all kinds of migration and immigration in the country. As a former settler colony, South Africa had migrants from all parts of Europe. This had happened generations and generations ago and was still continuing. It was important to have more information on that kind of migration. One of the concerns was that a European could be in the country illegally but never face any difficulties. The situation was different when dealing with people with dark skins even if they were in the country legally. She was unsure as to how this issue could be dealt with. There was no doubt that a lot of migration took place within the Southern African Development Community (SADC) and this was hardly surprising.

She was unsure why problems at the Lindela Repatriation Centre were always put at the door of the Department of Home Affairs. The Department was best placed to answer the question.

The Chairperson said that it was important to look at the issue of economic exclusion since it might be one of the causes of conflicts. The presenter had said something to the effect that migrants were denied access to health care services. He asked if this was a fact. The presenter had also recommended a reconsideration of the residency and citizenship laws. This should be preceded by a factual substantiation as to what was wrong with the current laws that would warrant the reconsideration. The presenter also recommended a rethink of issues around access to social services. He asked what the presenter was suggesting in this regard. The presenter had also alluded to the need to develop mechanisms to promote accountability. Parliament had always insisted on accountability during its oversight functions. He wondered if the presenter was saying that there were no accountability mechanisms in place or that the existing mechanisms were not well crafted.

Ms Palmary replied that the statements she had made on economic exclusion and access to health care services were based on facts. The Forced Migration Programme had done studies around Johannesburg that had indicated that some hospitals had turned asylum seekers away or expected them to pay the R1 800 that foreign tourists were expected to pay.
With regard to the reconsideration of the laws, she said that the issue was much about the need for a consideration on how the laws were implemented and not re-writing them.

There were positive aspects to migration. Migration was not only a burden to social services. There were countries that had benefited enormously from migration and South Africa could be one of those countries if migration was managed correctly. There was a need to move towards a system that was more focussed on management and not control and reduction. There should be improved recognition of people who were legally in the country. There was evidence that most of the migrants who came into the country preferred to start their own businesses instead of seeking employment.

She said that South Africa had mechanisms to develop accountability. The concern was the way in which foreigners were blamed for almost all social ills. Greater participation of foreigners should be encouraged. It was difficult to get the participation right because foreigners were vulnerable and it was at times difficult to get access to the right documentation. There should be changes in relation to police activities. The Police should ask themselves if they were more concerned with corruption or finding people who did not have documents. People should be allowed to report corruption if the primary concern was corruption without the fear that they might be arrested and deported.

The Chairperson asked if the presenter was suggesting that the Police should not deport illegal immigrants.

Ms Palmary replied that South Africa had every right to regulate migration. Her concern was about the way such regulation had taken place in the past. One could not simply say that foreigners would be discouraged from coming into the country should they be denied access to health care services. A more useful strategy would be centred on proper documentation of foreigners and regulation of certain kinds of migration.

Ms de la Hunt replied that the Department was responsible for the deportation of all illegal foreigners in terms of the Immigration Act. A private company was contracted to run, feed and secure people who were awaiting deportation. The Lindela Repatriation Centre was a deportation Centre and not a refugee centre. Not all people who were deported went through the Centre. Some people were deported from provinces that were close to the borders. The Department's officials were responsible for admitting and screening people who were taken to the Centre by member of the Police Services. South African citizens, asylum seekers and legal foreigners were sometimes arrested and deported. The Department's responsibility was to improve its systems and ensure that citizens were not deported.

Mr Kgoale noted the suggestion by Ms Palmary that the Smart Card systems might not improve the protection of refugees. She suggested that the SADC Protocol on Free Movement of Goods and People would do little to change this. He asked what mechanisms did the Forced Migration Programme have in mind in terms of facilitating the free movement of people through the SADC region.

Ms Palmary replied that she was not against the Smart Card system. There were useful systems in place and the Refugees Act was a very good piece of legislation. The problem was one of implementation and the Smart Card system could be used for a very restrictive form of monitoring. For example, one of the regular complaints was that asylum seekers had to report to the Department of Home Affairs on regular basis. The Smart Card system could alleviate the problem if there was will to do so.

Ms Mgabadeli asked for examples of Departments with which the Programme had close working relationships. It was incorrect to say that most foreigners were found in the cities. Rural areas close to the borders had a large number of foreigners.

Ms Palmary replied that the Programme had worked very closely with the Department of Home Affairs in the past year. The Programme would engage with any Department that was useful in relation to its activities. For instance, it was concerned with local governments and how they responded to issues of migration because they bore the brunt of dealing with issues of migration. There were other universities and institutes that conducted research on migration issues.

The presentation drew from work done by the Programme and other bodies. The country was seeing changing patterns of migration. There was a long history of migration to rural areas in the past largely due to the agricultural and mining sectors in the areas. New information that was available suggested that new forms of migration to urban areas, particularly to Gauteng and the other major cities, were evolving.

Ms Mgabadeli said that it was important not to focus only on events that had happened after 1994. There had been lots of report about crimes like theft and armed robberies. There was a deafening silence of on environmental crimes. Perhaps this was because environmental crimes were perpetrated by people we did not want to call migrants.

Ms Palmary replied that it was not like research institutions were not interested in what had happened prior 1994. The problem was that it was very difficult to get access to the right kind of information.

The Chairperson said that it was important for researchers not to raise a lot of questions without providing answers. He was of the view that most people who asked questions had some kind of answers to the questions they had raised. He wondered if other universities had programmes like the Force Migration Programme.

Presentation by the Department of Foreign Affairs
The Department was represented by Ms J Duarte (Deputy Director General: Africa Multi-lateral Affairs). (See documents attached). The Chairperson said that the Department should focus on key sources of actual or potential conflicts between South Africa and neighbouring countries. It should also focus on mechanisms for preventing, reducing and managing conflicts. The Department should also brief the Committee on the country's involvement of peace support missions and the effectiveness of such missions. It might also be important for the Department to talk about its foreign policy.

Ms Duarte said that South Africa was a member of the Africa Union. It was committed to assist in peace keeping only when it was able to do so and had been invited. South Africa did not engage in unilateral actions in terms of peace keeping. It was a lead mediator in Burundi and the Democratic Republic of Congo (DRC). It was the tenth largest troop contributing country to the United Nations Organisation. It had 2 336 members of the South Africa Defence Force (SANDF) involved in peace keeping missions. There were 1 334 members of the SANDF currently involved in peace keeping in the DRC. Members of the police force were also involved in peace keeping in places like Darfur and the DRC. They were serving as civilian police.

In the 2002/03 financial year the country had used R54 million was used in the peacekeeping mission in the DRC. The United Nations had since reimbursed 4% of the amount. The understanding was that there would be a pro rata reimbursement for countries involved in UN peacekeeping missions. A total of R346 million was spent in the 2003/04 financial year and 22% was reimbursed by the UN. The figures for 2004/05 stood at R309 million of which 33% was reimbursed. It was estimated that R383 million would be spent during the current financial year and that 33% would be reimbursed.

She said that the job in Burundi was almost complete. South Africa had 1 265 troops deployed in Burundi of which 896 were under the authority of the UN. The remaining 369 members served as VIP protectors. South Africa was asked to assist because the different parties did not trust each other and had asked for protection for their leaders. South Africa had been involved in Burundi since 2001. The cost for 2001/02 was R145 million and R297 million for 2002/03. South Africa had received assistance to the tune of R66 million from Italy, Netherlands, UK and Norway. The cost was R495 million and R382 million for 2003/04 and 2004/05 respectively. An amount of R340 million was estimated for 2005/06.

Ms Duarte said that South Africa would not be true to one of its priorities should it stand back and not offer any assistance. South Africa was committed to regional integration and economic development. Regional peace was important towards the achievement of regional integration and economic development. This was one reason why the DRC had become one of the key areas of concern.

She said that South Africa had a very good economy compared to other African countries. However, its economic power did not translate into behaving like a big brother in the continent. South Africa was a peacemaker and peacekeeper and had no conflicts with any country.

Discussion
The Chairperson asked for a comment on the public's feeling about South Africa's involvement in peacekeeping missions throughout the continent, especially when looking at the resource implications of the missions. Were South Africans not saying that the country was engaged in expensive missions whilst there was lack of service delivery in the country? It was important for the public to have a clear understanding of our involvement in peacekeeping. The African Peer Review Mechanism was a voluntary process. Questions had been raised as to why it was not compulsory.

Ms Mgabadeli said that it was important for South Africa to be involved in peacekeeping initiatives in the continent. Some people might think of such involvement as a waste of money. Some people in some countries had complained about the lack of involvement of South African companies in the reconstruction and development of their countries. South Africa would normally participate in peacekeeping initiatives but not reap the benefits by participating in contracts for the development of the country. It would be much appreciated if the Department could regularly update Members of Parliament on all agreements signed between South Africa and other countries. She asked if South Africa had a mechanism of ensuring that it would not find itself in the same conflicts in which some countries were involved.

Ms Duarte agreed that South African companies were not benefiting from contracts for the reconstruction and development of countries in which the country had helped bring peace and stability. There was a great deal of work that was being tendered in the DRC. South Africa was not participating in those tenders although they had been publicised very widely. The costs of tendering and being involved in a foreign economy were extensive for small and medium enterprises. It was not like getting involved in Lesotho or Botswana. Most of the contracts were related to infrastructure development.

With regard to a mechanism of ensuring that South would not find itself in a civil war, she said that South Africa was a democratic country. There was no possibility of turning back. Leaders were elected through regular elections and there were three different spheres of government.

Ms Camerer said that imports from Angola seemed to have increased a lot. She asked if the increase was related to oil. She also asked for the reasons for the absence of exports to some members of SACU. South Africa was very dominant in the Southern Africa region in terms of exports. The only country that seemed to export a lot of products to South Africa was Zimbabwe. Other countries seemed to be dominated by South Africa's exports. It was remarkable that a number of people had been registered for elections in DRC despite the prevailing conditions in the country. She asked how far South Africa would get involved in the DRC in terms of funding. There was a vast amount of corruption in the country that related to their civil service. Their army had ghost workers who were still on the payroll. Would South Africa continue to be involved in "this bottomless pit of need for resources?"

Ms Duarte replied that South Africa had no budgetary problems. The balance of payment was very favourable. When discussing foreign policy, one should also speak about the service delivery angle in term of national service programmes. The issue of South Africa's involvement in other countries had often been raised together with the lack of service delivery in the country. There were a huge number of complaints about xenophobia from foreign nationals in the country. There were also a huge number of illegal immigrants in the country and this was related to the economy of the country.

She said that a question had been raised whether other countries could see the size of South Africa's economy as a problem. The integration of the regional problem could solve a lot of problems. The integration of the economies would take some time to achieve. The most important thing was for South Africa to try and be a catalyst as much as it could in order to maintain peace in the region and also to project the region as a good destination for investment. It was true that South Africa was a dominant economy and exporter. South Africa exported 60% more than it imported from anyone in the region. The balance of trade was not good from an import perspective. This was one reason that the Department of Trade and Industry and other Departments were working hard towards redefining certain things, particularly in the textile, sugar and beef industry.

With regard to the issue of a monthly communication with Members of Parliament, she said that she would take the issue to her political principals. It might be a good idea to raise the issue with the Minister. The Minister might be able to issue a monthly letter to keep Members informed.

The increase in exports from Angola could be due to oil but was also related to the diamond industry. South Africa imported a lot of beef and related products from Zimbabwe. Zimbabwe was the number one trading partner and was followed by Mozambique and Botswana.

She said that South Africa's involvement in the DRC was very much targeted. The Department of Public Service and Administration was involved in a census of finding out what level of service would be required in a post elections DRC. An amount of R23 million had been made available from the African Renaissance Fund and there was a possibility that the Independent Elections Commission would be provided with a further R11 million to assist with the training of trainers, party agents and other officials. There was also the question of the repatriation of soldiers. The indications were that South Africa's troops might have to remain in the DRC until the election process had taken place. This would indeed cost some money because the troop contribution was hefty. The main problem was that there had not been an active state since Patrice Lumumba was the Head of State. There was a need to build a bureaucracy in DRC. South Africa would probably participate in post conflict reconstruction. South Africa was lobbying the international community to take some responsibility in terms of grants in aid for the reconstruction of infrastructure.

Ms Mgabadeli said that the issue of monthly letters to Parliament was important. Some Members of Parliament knew little about bilateral agreements between South Africa and other countries.

Ms Duarte said that agreements were signed in public because they were meant to be public knowledge. The Department normally issued public statements about the substance of agreements that had been signed. The Annual Report of the Department outlined all details of agreements that had been signed. Parliament could also raise the issue with the Minister on questions day. The Portfolio Committee on Foreign Affairs was regularly briefed on agreements signed between South Africa and other countries.

Ms Camerer agreed that the Portfolio Committee on Foreign Affairs was regularly briefed by the Department on agreements that had been signed. She suggested that Ms Mgabadeli should get the information from the Chairperson of the Committee.

Ms Mgabadeli agreed that she could ask for the information from the Chairperson of PC Foreign Affairs. The question was whether the whole of South Africa should go to the Chairperson for information.

The meeting was adjourned.