It is significant and encouraging that one of the clauses in the Draft White Paper on International Migration states that "...the White Paper should be inspired by practical considerations rather than by theory alone..."

With this in mind we wish to submit the following comments and recommendations based on extensive practical experience in this field:

RECOGNISING THE HIGHER EDUCATION SECTOR

1. The Higher Education Sector in South Africa has recently come under tremendous pressure to internationalise its research and teaching programmes. It has become an extremely important role player in efforts to bring essential expertise to South Africa and to expose South African experts and students to international expertise abroad. Without this high-level exchange of knowledge and skills, South Africa cannot compete internationally in terms of economic development, nor can it solve its social problems on its own.

2. This makes synergy between these efforts and the policies, and guidelines of the Department of Home Affairs a non-negotiable requirement for success. This Sector therefore has to be acknowledged and consulted when a draft White Paper that will affect its internationalization efforts is compiled. For the sake of the country, the interests of this Sector should be regarded as one of the priorities during policy development -if these policies are indeed to be for the benefit of South Africa as a whole.

3. According to the Code of Ethical Practice in the provision of Education to International Students, a national policy regarding the migration and immigration of international staff, students and visitors at universities and technikons is urgently required.

4. It would therefore have been essential to obtain the input of the International Offices of the various technikons and universities during the drafting of the relevant Green Paper. These individuals work on a daily basis with the implementation of policies formulated by the Department of Home Affairs. They would therefore serve as invaluable contributors to the total process.

5. There should also be a much closer working relationship between the Home Affairs Offices and the Advisors at the Universities and Technikons who are responsible for the implementation of policies and procedures. At present this relationship is too disconnected and fragmented.

6. Tertiary institutions in SA seem to be suffering a drop in international student numbers. The reasons for this have to be carefully examined; there are a number of economic and social implications that impact on this trend. As glossed over in Item 13 -p.34, international students are an enormous benefit to any country. The academic, social and economic benefits of encouraging students to study in South Africa are vital to the overall development of our growing democracy.

7. International students and staff often bring a fresh new approach to our academic environment. The learning process becomes more challenging and more beneficial to our local students. In most cases -depending on their experience in the country -international students serve as good ambassadors for the institutions, the cities and the country. If they enjoy a good sojourn in South Africa, they often return with family and friends and in this way boost tourism in this country. Unfortunately these benefits are often intangible and many may argue against attracting international students to South African shores.

8. In this case South Africa should recognise the importance and validity of the argument that nearly every developed, and successfully developing, country in the world attach to the exchange of staff and students with countries around the world. South Africa should be no exception.

9. We need to now move well beyond the "mobility issue" and seek strategic

solutions for the drop in international student numbers. Unless we do, we will in the words of the White Paper, "lose out on the positive aspects of globalization / internationalisation, including the unprecedented movement of people with skills, expertise, resources, entrepreneurship and capital,

which will support the country’s efforts at reconstruction, development and nation-building. "

10. As indicated in Item 4.3 -p.26 of the draft White Paper, if we are to realise some of the objectives in the SADC Education and Training Protocol, we need to find ways to allow students to flow between the various member states. Credit transfer similar to the European system will

become the new order and the number of students being exchanged between the 14 member states is set to increase.

11. In order to cope with this influx, universities and technikons will need a close working relationship with Home Affairs Offices to help ensure that there will be no students or staff transgressing the law. This in turn will assist the Immigration Service Offices in monitoring the enforcement of the migration / immigration systems.

12. Item 8.3- p.31 of the draft White Paper deals with the legitimate concern that "if qualified foreigners are easily available, employers might choose to hire them rather than training South Africans for the jobs." This pattern seems to be prevalent in most sectors, but much less so in the Higher Education Sector, where there is an immense shortage ion South Africa of high-quality , well-qualified personnel with the expertise to train the next generation of high-level human resources. Universities across the world are also far more open to outside expertise due to the fact that they wish the best people possible to train the next generations. This should be taken into account in all relevant policies and guidelines in order to ensure a dynamic Higher Education Sector in South Africa.

13. There is obviously a need for a concerted effort to develop local capacity and it is incumbent upon government to drive this whole process. The offering of incentives to institutions / organisations that have specific programmes in place to help develop local capacity could be important (re: 8.5:1- p.3.1).

14. In sections 2.1.1. -p.42, the idea of appropriate education and training to avert the problem of xenophobia is an important one as this is becoming a serious problem in society at large. The " Ama Kwere Kwere" problem faced by many of our citizens today finds itself escalating into violence. The atrocious treatment meted out to some migrants / immigrants does not augur well for the whole African Renaissance project launched by our new President .

15. If we continue to treat migrants / immigrants -even with high-level, urgently needed expertise -in an appalling manner, we will have only ourselves to blame when they choose not to come to South Africa.

16. This does not detract from the fact that we should not at all encourage migrants / immigrants that are engaged in illegal activities from being granted permission to enter and stay in South Africa. We should guard against fraudulent activity of any nature.

17. However, the system being used at present for study and work permits leaves some loop-holes for immigrants to forge the signatures on their permits. In order to reduce the high risk of forgery, the IS offices could (as indicated in 17:1 -p.48) use the digitised photo super-imposed on

permits and visas. This will contain all the information with the necessary signature and will be sealed, similar to the way it is done in the US.

18. IS offices, other government departments and the Higher Education Sector, working in conjunction with each other, have to strive towards creating the culture of a disciplined and law-abiding society , not only for the benefit of local inhabitants, but also for migrants / immigrants.

19. In view of the above there is clearly an urgent need for a more cohesive relationship between the relevant government departments, especially the Departments of foreign Affairs, Education and Home Affairs. By working together, these departments can avoid unnecessary duplication of tasks. They can also assist each other in monitoring the process of policy

formulation and implementation.

20. We suggest that a high-level Working Committee with decision-making powers, or with the ability to influence decisions, be set up between the different government departments to facilitate the streamlining and synergising of policies and the removal of problems.

21. The Department of Home Affairs South Africa, in conjunction with the Department of Foreign Affairs, should provide adequate training and assistance to the personnel in the Embassies, Consulates and High Commissions locally and abroad on the policies governing matters related to the Higher Education Sector. They should be sensitised to the different

issues and categories relevant to the Sector, and the need for support for its internationalization. This training should ideally include the provision of accurate information relevant to students interested in studying in South Africa.

22. Consideration should be given to extending the initial period for the renewal of study permits to 18 months, as most international students have to miss their graduation ceremonies with the current system of 12 months only. It is often impossible for them to complete their studies and then to return home, only to have to return to South Africa for their graduation

ceremonies a few months later.

23. We should guard against the idea as expressed on page 34-Section 13, that institutions would be granted the authority to issue study permits. This would not only be relinquishing the authority on the part of the Directorate of Home Affairs, but will also create massive logistical problems for the institutions. This could also in some cases result in an increase in the number of illegal immigrants in the country.

24. In the White Paper the term "short-term students" needs to be clearly defined. They should not be included in the category that is specifically aimed at "tourists", as short-term students also need to be registered and require study permits for this purpose.

25. There should be a further category for visiting students working on projects to gain practical experience without remuneration. These students do not necessarily need to be registered.

26. Guidelines governing internships by students are inadequate and unclear. Their remuneration, their status in the country and the type of permit they require, are among the issues requiring clarification.

27. With regard to the type of permits that are issued by the Immigration Service {IS), a further category should be added for sabbaticals. There is at present a lot of confusion -in local as well as South African Commissions abroad -that the sabbatical merely entails a specific period abroad during which an academic can conduct research and teaching at another institution. This person is/can be paid for the work done at the host institution. This immediately causes a problem around whether the person should be allocated a work, study or visitor's permit. There should be much

greater clarity on this matter.

28. A clause should be inserted (Item 6.1. -p.44) that the money should be held in abeyance until all the outstanding debts of the immigrant have been settled. This should be attended to prior to the departure of the immigrant.

29. There should be a further clause inserted regarding the registration of new-born babies of short-term visitors to South Africa. Are these children granted naturalised citizenship ? Do they hold dual citizenship of their host as well as their home country ? These issues need to be

clarified.

30. Mandatory health-care insurance and health-care arrangements should be stipulated for all migrants and immigrants. A simple clause inserted into all permit documents will make it mandatory for people coming into the country to have health-care insurance or have made adequate health-care arrangements in the country of origin. This will absolve prospective employers as well as institutions from having to cover the costs of employees or students that do not take out a cover. It should be made a compulsory condition of entry and stay in SA.

31. The suggestion of the task team to deal with "refugees" as a separate exercise is excellent. This is an area that has to be addressed in close conjunction with the United Nations High Commission for Refugees (UNHCR), as they would be a useful role-player in planning and

implementation efforts.

32. The practical problem faced by higher education institutions is that "refugee students" come in with no documentation or proof of refugee status and ask to be registered. We cannot take the risk of registering these students without some kind of documentation. We urgently need

advice on how to address this situation.

In conclusion, we would like to extend our good wishes to the Department of Home Affairs as we enter the new millennium. Yours is certainly not an easy task and you lay yourselves bare to much criticism from various sectors of society. Our wish is that we will all enter the year 2000 with a renewed commitment to offering all visitors to our shores, be they staff, students, entrepreneurs or tourists, a fulfilling and non-problematic stay in our beautiful country.

We have enough faith in the commitment and objectives of the Department of Home Affairs to believe that our contribution as well as the inputs received from other institutions, will encourage and assist you in revising several of the existing policies and procedures to help make this wish become a reality.