ATC120814: Report of the Portfolio Committee on Home Affairs on the study tour to the Russian Federation, dated 7 August 2012
Home Affairs
REPORT OF THE PORTFOLIO COMMITTEE ON
HOME AFFAIRS ON THE STUDY TOUR TO THE
The Portfolio Committee
on Home Affairs, having undertaken a study tour to the
1.
Introduction
The study tour to
1.1.
Delegation
The multi-party delegation
consisted of the following Members of the Portfolio Committee:
Hon. MM Maunye
(Chairperson and leader of the delegation) (African National Congress) (ANC); Hon.
TMA Gasebonwe, (ANC); Adv. AH Gaum (ANC); Hon. G Bothman (ANC), Hon. NA Mnisi
(ANC); Hon. M De Freitas (Democratic Alliance); Hon. G McIntosh (Congress of
the People) and Hon. HN Makhuba (Inkatha Freedom Party).
Parliamentary staff:
Mr. SE Mathonsi,
Committee Secretary and Mr. A Salmon, Committee Researcher.
During the trip, the
delegation interacted with:
·
His Excellency (HE) M
Mpahlwa, the South African Ambassador to the
·
Hon. VV Lityushkin,
Member of the Federation Council Committee for Federal Structure, Regional
Policies, Local Self-Government and North Affairs;
·
Hon. A Vorobyov, Deputy
Chairperson of the State Duma;
·
Hon. V Nikolaevich,
Chairperson of the State Duma Committee for Constitutional Legislation and
State Construction;
·
Hon. AE Khinshtein,
Deputy Chairperson of the State Duma Committee for Security and Countering
Corruption;
·
Mr. K Olegovich, Director
of the Federal Migration Service;
·
Immigration experts
employed by the Federal Migration Service.
2.
Objectives of the study tour
2.1.
The
objectives of the study tour to the
·
Learn
how best to integrate and attract highly skilled professionals into our
country.
·
Focus on
immigration policy, particularly concerning asylum-seekers and border
management.
·
Learn
how
·
Broaden
the global perspective and insight of the legislators through conducting an
international study tour in a country which shares many of the same challenges
and demographics as
3.
Welcome by the South African Ambassador to
3.1.
The
South African Ambassador welcomed the delegation. He indicated that
3.2.
The
Ambassador reported that migration in
3.3.
HE Mpahlwa
urged the Committee that when it amends the immigration legislation, it should
try balance issues of security, growth and tourism.
4.
Meeting with Chairperson and members of the
Federation Council Committee for Federal Structure, Regional Policies, Local
Self-Government and North Affairs
4.1.
Hon Maunye,
Chairperson of the Portfolio Committee on Home Affairs and leader of the
delegation, gave a background on the purpose of the trip to
4.2.
He
reported that migration had become a serious issue in
He
reported that migration patterns in Russia were based on available, albeit
limited data which estimate that there were around 14 million migrants in the
country (9.5% of the population); 77% came from the Commonwealth of Independent
States (CIS) and 10% from the European Union. Three quarters of immigrants did
not stay longer than seven (7) days.
Immigrants
come to
In
2011 approximately 56% of labour migrants came from the CIS for the first time.
There were 680 000 foreign nationals who were residents in
·
The Law on Employment,
which was enacted in 1991;
·
The Law on Refugees,
which was enacted in 1993;
·
The Law on Forced
Migrants of 1995;
·
The Law on Legal Status,
which was enacted in 2002;
·
Law on Migration Status,
which was enacted in 2006;
4.3.
Hon.
Maunye indicated that
During discussions, the delegation pointed out that
The delegation wanted to know how
4.4.
Hon Lityushkin responded that
the
4.5.
He told the delegation
that the issue of refugees was not a big problem in
4.6.
He
reported that the
4.7.
HE Lityushkin explained
that Russians were allowed to marry foreigners. Russian nationals do not, however,
have to change their Russian nationality when they marry a foreign national. After
three years of marriage a foreign national married to a Russian was granted a
Russian citizenship.
4.8.
Each region of the
The
first safe country of asylum principle did not apply in the
5.
Meeting with the Deputy Chairperson of the
State Duma, Hon. Andrey Vorobyov
5.1.
The delegation met with Hon.
Andrey Vorobyov, the Deputy of the State Duma. Hon. Vorobyov indicated that
5.2.
On 21 March 2012, the
Duma state passed a law that allowed individuals to register political parties
and participate in elections. He explained that during the 21 years of
democracy more than 200 political parties had been formed but only seven
parties were participating in the political arena.
5.3.
He indicated
that the State Duma would be interested in cooperating with the South African
Parliament. The
6.
Meeting with the Chairperson of the State
Duma Committee for Constitutional Legislation and State Construction, Hon.
Vladimir Nikolayevich and Deputy Chairperson of the State Duma Committee for
Security and Countering Corruption, Hon. A.E. Khinshtein
The
presentation by the Hon. Nikolayevich and Hon. Khinshtein focused on the
following three areas:
·
Regional integration and
migration control;
·
State
Migration Policy Coordination, Attraction and Employment of Skilled Migrants;
and
·
Tightening Migration
Legislation: Reception of Asylum-Seekers.
6.1.
Regional Integration and Migration Control
6.1.1.
Hon. Nikolayevich
indicated that the
6.1.2.
He told the delegation that the Russian government was
developing a National Migration Policy to address the issue of migration.
The policys implementation would provide solutions to the
problems preventing effective migration control. It would also reduce cultural,
economic and political risks connected with migration. The policy was aimed at
creating conditions for sustainable economic and social transformation. It
would also protect and promote the countrys national interests.
6.1.3.
The
migration policy would ensure that the following objectives were achieved:
·
Stabilisation
and growth of the resident population.
·
Providing
the national economy with the required labour force.
·
Promoting
modernisation, innovative development and competitiveness of the national
economy.
·
Enhancing
national security.
6.1.4.
The
migration policy would be based on the principles of:
·
Ensuring
and respecting human rights and freedom;
·
Non-discrimination;
·
Observance
of national and international law;
·
Cooperation
of state and local government authorities and development of social partnership
and civil society;
·
Protection of the national labour market
;
·
Differentiation
of migration groups according to objectives and periods of stay;
·
Socio-demographic
and professional attributes of migrants; and
·
Giving attention
to regional needs and peculiarities.
The
migration policy would:
·
Create
more opportunities for Russians living abroad and emigrants to become permanent
residents;
·
Elaborate special mechanisms to attract, select and employ a
foreign labour force;
·
Provide
assistance to displaced people; and
·
Combat illegal migration.
6.2.
State Migration Policy Coordination,
Attraction and Employment of Skilled Migrants
6.2.1.
This policy specifies the methods by which the
6.2.2.
Each year the Ministry of
Healthcare and Social Development issued a list of professions that were in
demand. The Russian business entities, research establishments and professional
education institutions were eligible to apply to the government for highly
qualified specialists.
6.2.3.
The
delegation was told that many migrant workers did not know the Russian language
and as result they were not familiar with the immigration laws and cultural
traditions. This resulted in the migrants being treated unfairly and being
involved in questionable and illegal activities.
The Russian government created conditions
for the migrants to integrate into society, to learn the Russian language and
to respect the culture and traditions. In 2011
the
6.2.4.
The FMS was
planning to collaborate with religious organizations. The regional bodies of
FMS had already agreed to work with the Russian Orthodox Church in order to
ensure adaptation of migrants into
6.2.5.
The FMS,
together with relevant government agencies, developed international cooperation
with executive bodies of the CIS countries in order to create bilateral
agreements to recruit foreign labour. The recruitment included pre-migration
preparation for potential migrants planning to work in the
6.2.6.
All immigrants
were required to undergo health examinations. Special medical centres were being
established in the migrants native countries to help facilitate pre-migration
preparation.
6.3.
Tightening Migration Legislation: Reception
of Asylum-Seekers
6.3.1.
In 1992,
the
6.3.2.
Political
asylum in the
6.3.3.
A
recognized refugee receives a certificate confirming his/her identity and legal
status in the
6.3.4.
The
majority of people claiming refugee status were from
6.3.5.
The
asylum-seekers who submitted their claims had an opportunity to appeal if their
claim was rejected. An appeal could be done within one month and may only be done
inside the country. A person who had received a refugee status or a temporary
shelter can expect protection in
6.3.6.
The
Russian government developed measures to ensure that refugees integrate into
Russian society.
The
refugees may obtain employment, become entrepreneurs, and obtain social
security and benefits just like any Russian citizen
. Refugees received medical aid under the same conditions as
Russian citizens.
6.3.7.
It was
easier for refugees to obtain Russian citizenship than many other countries. A
year after their refugee status recognition, foreign nationals and stateless
people may apply for Russian citizenship. They were exempted from any formal
procedures required of other categories of foreign nationals. Residence permits
were only obtained after they have applied for citizenship.
6.3.8.
The Russian
authorities were developing a national asylum policy. They had started to
collaborate with some of the Collective Security Treaty Organization members
such as
7.
Meeting with the Director of Federal
Migration Service, Mr Olegovich Romodanovsky
7.1.
Mr. Romodanovsky praised
the good diplomatic and trade relationship the
7.2.
He told the
delegation that the
7.3.
Russian
immigration systems enabled government to have all the
necessary details about migrants such as, age, gender, criminal records, if any,
level of education etc.
Mr. Romodanovsky illustrated
how the Russian migration monitoring system worked. The software had a map
centred interface which allowed the user to identify various foreign nationals
in each respective area. In the
7.4
Mr.
Romodanovsky explained the difference between the work permit and the patents
that the
7.5
The Chairperson
of the Portfolio Committee on Home Affairs responded by saying that Russias support
to South Africans to attain its liberation from apartheid regime would continue
to linger in South Africans memories. She noted that BRICS and the upcoming International
Trade Initiative (ITI) were critical mechanisms to strengthen business between
the two countries. She invited participants of the meeting to the ITI that was
to take place in
8.
Immigration Experts hosted by the Head of
the Federal Migration Service
8.1.
Granting of asylum to foreign citizens and
stateless persons on the territory of the
8.1.1.
The Portfolio Committee
met with the Russian Federation Migration Service (FMS). The Russian Federation
Service is a state party to the following international Conventions:
·
The
Universal Declaration of Human Rights, adopted by the General Assembly on 10
December 1948.
·
Convention
against torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
from 1984 (ratified on 21 February 1987).
·
Convention
Relating to the Status of Refugees from 1951 and its Protocol from 1967 (since
1993).
·
European
Convention on Human Rights from 1950 (since 1996).
8.1.2.
The
8.1.3.
Foreigners who opened
small shops in
8.1.4.
It was reported that the
8.1.5.
8.1.6.
The
·
Political
asylum
·
Refugee status
·
Temporary
asylum
8.1.6.1. Political asylum
This was an exceptional
form of granting asylum. The
8.1.6.2. Refugee Status
This was the main form of
granting asylum to foreigners and it was granted with provisions of the Federal
Law from 19 February 1993 and the definition of the term refugee which corresponded
to the definition contained in the 1951 UN Refugee Convention. The application was
received at the Russian border by the Border Guard Service and reviewed by the
territorial branches of the FMS. The applicant could also forward the
application from outside of the
8.1.6.3. Temporary asylum
This status was given to
the applicants who had been rejected for refugee status. It was granted on
humanitarian grounds such as threat of torture and other inhumane treatment. Therefore,
these people could not be deported from the
8.1.7. The review of the
application of asylum seekers takes five days to process and if it is approved it
takes six months for asylum seekers to receive their papers
8.1.8.
The following were the
main issues and challenges identified in relation to the identification of
asylum-seekers at the border:
·
The
·
More training of border guard staff was needed on issues
relating to asylum processes and procedures at the border.
·
Strengthening of cooperation between different national
ministries, departments and NGOs.
9.
Conclusions and
observations
Based on the interaction between the delegation and the
Russian authorit
ies, the following conclusions and
observations were made which
9.1.
The
9.2.
The
Russian government had introduced laws to penalise employers who employed
illegal migrants. The government protected the labour market by only recruiting
highly skilled specialists, but also allowing a quota of unskilled labour per
Russian province/state based on their needs. The legislation in the
9.3.
The
Russian government had developed mechanisms to enable migrants to integrate into
their society, such as to learn the Russian language and to respect the local culture
and traditions. The migrants should know and follow the laws of the
9.4.
All immigrants to
9.5.
It was
easier for refugees to obtain Russian citizenship than many other countries. A
year after their refugee status had been recognised, foreign nationals and
stateless people may apply for Russian citizenship. The refugees were exempted
from many of the formal procedures required of other categories of foreign
nationals. Residence permits were only obtained after they had applied for
citizenship.
9.6.
Foreigners
who open small shops in
9.7.
The
·
Temporary
accommodation centres for asylum-seekers and rejected asylum seekers.
·
Being
able to apply for refugee status while outside the
·
Automatic
provision of travel document to be able to travel outside the country.
·
Refugees
being allowed to obtain employment, become entrepreneurs, and obtain social
security and benefits like Russian citizens.
9.8.
There was no necessity to
apply for asylum for those who did not need it since it was relatively easy to acquire
permits to legally enter the country particularly for short periods.
9.9.
The
Federal Migration Service had regional branches which were empowered to make
decisions on asylum applications. They cooperated with the Border Guard of the
Federal Service including training of staff on issues relating to asylum
processes and procedures at the border.
9.10.
There
was a strong collaboration between the Federal Migration Service and various migrant
communities, including religious organisations to prevent conflict among
citizens from occurring. There was also an established cooperation between the different
national ministries, departments and NGOs on migration issues.
9.11.
9.12.
During the
meeting with Deputy Chairperson of the State Duma, there was a strong
indication that the State Duma wanted collaboration with the South African
Parliament. The Speaker of the National Assembly and the Chairperson of the
National Council of Provinces may consider making a follow up on this
collaboration.
9.13.
The
10.
Conclusion
The
Appendix A: Migration policy aspects- Comparison of
|
|
Estimated migrants in
the country are 9.5% of the total population.
|
Uncertain statistics on
undocumented migrants. Documented migrants only 2.4% of the total population.
[1]
|
Approximately 300 000
migrants were needed annually to contribute to the Russian economy.
|
Annual scarce skills
target set at ministerial level: 55000
|
Policy on illegal
migration uses regional approach.
|
Much regional
interaction through SADC and AU, but SADC Protocol on the facilitation of
movement not yet implemented.
|
Certain conditions that
migrants have to adhere to, such as, learning the Russian language and having
health clearance contacted at ports.
|
No language of health
requirements other than for persons from yellow fever countries.
|
Needed to develop laws
to manage the relationship between employers and migrant employees. Policy on
quota of low skilled economic migrants per region.
|
Immigration Act allows
for penalties for employers employing undocumented persons. No policy on
economic migrants other than for
|
Refugees are not a big
problem in
|
Big concern for
|
|
New application
recorded in the past 2 years record biometric data. Older applications only
have fingerprints manually recorded.
|
|
Ad hoc but limited
joint country immigration cooperation.
|
Problem with fraudulent
health certificates and permits which are requirements to work and stay in
the
|
Problem with fraudulent
asylum applications and illegally issued passports.
|
Each region conducts
monitoring of refugees and migrants through the territorial FMS. Local police
are also responsible to monitor migrants in the country.
|
Provinces responsible
for migration at larger district offices. Data collected at a national level
from provinces. Police, Immigration and South African Defence Force share
responsibility but roles not clearly understood.
|
A refugee is not
allowed to leave a region without registering this movement.
|
Free movement of
Refugees.
|
Migration Monitoring
system allows for specific demographic and education data as well as regional
location and numbers of migrants, with map based user interface.
|
Migration system and
refugee system have only basic demographic data and only text based
information display.
|
Report to be considered.
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