SADC Protocol on the Facilitation of Movement of Persons: Department of Home Affairs briefing
NCOP Health and Social Services
14 November 2006
Meeting Summary
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Meeting report
SOCIAL SERVICES SELECT COMMITTEE
14 November 2006
SADC PROTOCOL ON THE FACILITATION OF MOVEMENT OF PERSONS: DEPARTMENT OF HOME
AFFAIRS BRIEFING
Chairperson: Ms J Masilo (ANC)
Documents handed out:
Southern African
Development Community (SADC) Protocol on the Facilitation of Movement of
Persons: presentation
SUMMARY
The Committee was briefed by the Department of Home Affairs on the Southern
African Development Community (SADC) Protocol on the Facilitation of Movement
of Persons. The presentation outlined the basis for the protocol, the
‘evolution’ of the protocol, critical requirements, challenges, signatories and
non-signatories, and recommendations. The purpose of the presentation was to
provide the Committee with a brief outline of the Protocol. More information
regarding funding and implementation would be provided at a later stage.
Members were concerned about the funding for the implementation of the protocol
and a lack of sufficient signatories at this time for the protocol to come into
effect. Members noted that the impact of the protocol on South African society
would have to be carefully assessed.
MINUTES
Department of Home Affairs briefing
Mr G Ntlakana, Acting Deputy Director General, noted that historical and
cultural linkages, the need for economic integration and security
considerations between Southern African Development Community (SADC) countries
necessitated the Protocol. The Protocol was first presented to SADC ten years
ago. Due to technical areas of disagreement, the Protocol was not implemented.
The critical requirements were that nine signatories had to give effect to the
Protocol, a technical Committee had to be set up and that there had to be
co-ordination and co-operation between Member states. The challenges that faced
the protocol were funding solutions, harmonisation of laws, addressing economic
difficulties in Member states, forced migration issues and bilateral
arrangements.
The Protocol would affect socio-political, economic, security and environmental
issues in SA. The recommendations noted that ratification of the Protocol
should be supported along with closer regional cooperation and increased
bilateral engagement of SADC Members of Parliament.
Discussion
Mr T Setona (ANC, Free State) acknowledged the challenges facing the
Protocol but supported its implementation. He was concerned about conflicting
agendas of the Members of the technical committee.
He asked what mechanisms exist to break deadlocks. He questioned the
implications of and needs for the technical committee. He queried the
envisioned mechanism to incorporate the technical committee with Parliament. He
asked whether there would be public participation.
Mr Michael Ramagoma, Advisor to the Deputy Minister
of Home Affairs, responded that the Committee will receive regular updates
regarding the Protocol. He noted that the substance requirements are issues
that Parliament had already covered. Citizens from SADC countries were already
allowed to enter South Africa without a visa and stay for ninety days. This was
the result of bilateral agreements. He noted that the Protocol would not be a
significant departure from the existing situation.
Mr M Sulliman (ANC, Northern Cape) queried the structure of the funding formula
and whether ratifying the protocol would have financial implications. He asked
about the legal implications of having only eight signatories.
Mr Ntlakana noted that any outstanding issues would
be covered when the Protocol was analysed in follow up meetings. He noted that
there were mechanisms that would deal with the suspension of the Protocol if
there were critical problems.
Mr B Tolo (ANC, Mpumalanga) asked whether the Protocol was putting the “cart
before the horse”. He queried the implications for SADC Members that had not
signed. He was concerned about the potential flight of skilled workers to South
Africa from poorer SADC Members once the Protocol was in effect.
Mr Ramagoma noted that the Protocol had to be signed
first before proceedings could follow. He noted that there was a distinction
between illegal and legal movement and that the protocol would help facilitate
the legal movement of persons. He noted that issues of free movement were being
debated as well as an implementation framework.
He noted that the flight of skilled workers to South
Africa was not a concern as the Protocol would be implemented in accordance with
the laws of Member countries. He noted that work permits would have to be
applied for.
Ms N Mazibuko (ANC, Gauteng) asked in what forum the movement of persons would
be discussed. She asked which Department
had the responsibility to educate citizens about immigrants.
Mr Ntlakana responded that it was the responsibility
of various stakeholders in the public and private sectors and government to
educate citizens.
The Chairperson asked how urgent the Protocol was to Parliament. She asked who
had been responsible for lobbying countries.
Mr Ntlakana replied that it was important that the Protocol be ratified. The
Department of Home Affairs could not dictate a timeframe because it was
dependent on parliamentary procedures.
Mr M Thetjeng (DA) stated that there was no deadline for countries to commit to
the Protocol. He asked what impact the Protocol would have on South Africa. He
asked how the protocol would affect citizenship and dual citizenship.
Mr Ntlakana responded that a population register had been urged in SADC
countries. He noted that the Protocol could be used as a population register in
countries where it did not exist. He also noted that citizenship was a national
prerogative and was very important.
Mr Tolo asked why so few countries had signed the protocol. He asked how the
Protocol would create favourable conditions and relations with South Africa’s
neighbours.
Mr Ntlakana replied that stagnation in signing was the norm. He noted that
political systems were not always conducive to signing. He stated that
bilateral lobbying was important to encourage countries to sign.
Ms A Qikani (UDM) asked what measures Home Affairs
would take to prevent corrupt practices such as the provision of grants to
illegal immigrants.
Mr Ramagoma responded that the protocol did not deal with residence
requirements. The protocol would deal with the waiver of visa requirements.
Issues surrounding theft and fraud would be dealt with. The Department of Home
Affairs will attend follow-up meetings with the Committee.
The meeting was adjourned.
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