ATC120814: Report of the Portfolio Committee on Home Affairs on the study tour to the Russian Federation, dated 7 August 2012

Home Affairs

January 17, 2008

REPORT OF THE PORTFOLIO COMMITTEE ON HOME AFFAIRS ON THE STUDY TOUR TO THE RUSSIAN FEDERATION , DATED 7 AUGUST 2012

The Portfolio Committee on Home Affairs, having undertaken a study tour to the Russian Federation from 16 – 26 March 2012, reports as follows:

1. Introduction

The study tour to Russia from 16 – 26 March 2012 consisted of an eight member multi-party delegation of the Portfolio Committee on Home Affairs. The purpose of the study tour was to inform members on possible best practices concerning immigration policy; including but limited to: managing migration, foreign skills and refugees. The delegation had fruitful discussions with the State Duma, the Federation Council and the Russian Federal Migration Service.

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 Russian Federation ;

· 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 Russian Federation were among others, to:

· 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 Russia manages the in and out flow of migrants.

· 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 South Africa .

3. Welcome by the South African Ambassador to Russia , His Excellency (HE) Mandisi Mpahlwa

3.1. The South African Ambassador welcomed the delegation. He indicated that South Africa was fostering relations with the Russian Federation . Russia is a vast country and South Africa has significant trade relations with Russia which could be further fostered. The South Africa Embassy has thus expanded its representation to include the Departments of Trade and Industry, Science and Technology and Home Affairs.

3.2. The Ambassador reported that migration in Russia was a heated issue and that it has fed into the politics of the country. Russia , like South Africa , has been experiencing an inflow of migrants because it is growing economically and it opened its borders to many countries. It has 15 neighbouring and now independent Republics (formerly Russian states and now part of the Commonwealth of Independent States/ CIS).

Russia has a population of approximately 150 million people. Between 11 and 20 million people live in Moscow . Despite this number it was reported that the population was decreasing as birth rates have dropped and skilled professionals emigrate. The country thus has had to bring in skilled professionals from outside its borders. The Ambassador indicated that the study tour would be beneficial to the Portfolio Committee on Home Affairs because of the new linkages South Africa had fostered as a result of the formation of BRICS ( Brazil , Russia , India , China , and South Africa ).

3.3. HE Mpahlwa urged the Committee that when it amends the immigration legislation, it should try balance issues of security, growth and tourism. Russia has significant tourism potential to South Africa in this regard. The role of the Embassy is therefore to facilitate this balance in favour of Russian tourism and investment in South Africa .

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 Russia . Thereafter the Chairperson of the Federation Council Committee for Federal Structure, Regional Policies, Local Self-Government and North Affairs; Hon. Lityvushkin; explained that the reason other members of the Committee were not at the meeting was because they were in their regions addressing regional issues.

4.2. He reported that migration had become a serious issue in Russia particularly during the recent elections, since it had become one of the main areas of human capital growth. This was contentious given the relatively high unemployment rates in the country.

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 Russia mostly to study or to visit family members with a smaller proportion coming as labour immigrants.

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 Russia . Permanent residents represented only 0.5% of the total migration and only 4% of this came from the European Union. Approximately 300 000 migrants were needed annually to contribute to the Russian economy. It was also reported that Russia faced a challenge of illegal migration. Hon. Lityvushkin felt that in order for Russia to address the challenge of illegal migration; a regional approach to migration was important.

Russia has the following laws that deal with migration:

· 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 South Africa was a young democracy. The democratic government changed laws enacted during the apartheid period to be in line with the Constitution of the country and the Bill of Rights. As a result, in South Africa there was an influx of migrants who came from other African countries and from the rest of the world, hoping to share in the benefits of South Africa ’s new democracy. The Aliens Control Act was repealed and the Immigration Act was adopted in 2002. The Immigration Act manages the movement of people coming in and out of South Africa . The Refugee Act (No.130 of 1998) in turn fulfils South Africa ’s international and continental commitments to protect forced migrants, which South Africa did not have prior to 1994. She pointed out that it was because of this background that the Committee undertook the study tour - to learn how Russia managed the inflow of migrants.

During discussions, the delegation pointed out that South Africa does not have a law that specifically deals with labour migrants and thus faces a significant challenge of illegal economic migrants. These often enter the country through the borderlines rather than border posts. Furthermore, South Africa does not have reliable statistics on how many undocumented migrants are in the country.

The delegation wanted to know how Russia screens asylum seekers when they enter the country. It further wanted to know if Russia had refugee offices and whether refugees were integrated into the Russian society.

4.4. Hon Lityushkin responded that the Russian Federation was 21 years into democracy and it continued to face numerous migration challenges. The government had developed migration laws to govern migrants into the country. It was also trying to attract highly skilled professionals; however, there are certain conditions that migrants had to adhere to, such as, learning the Russian language in order to integrate into its society. He explained that the government nevertheless still needed to develop laws to manage the relationship between employers and migrant employees.

4.5. He told the delegation that the issue of refugees was not a big problem in Russia but it still needed to be dealt with because of the geo-political situation of the Russian Federation . More than one million people came to Russia after the collapse of the Soviet Union and they had to apply for refugee status in order to qualify to come into the Russian Federation , many of these persons had since become naturalised.

4.6. He reported that the Russian Federation kept track of the refugees by recording their biometric features. In 2008, there were 46 000 officially registered refugees in the Russian Federation . However, illegal migration was the biggest challenge facing the Russian Federation . Russia worked closely with the neighbouring countries to conduct raids on illegal migrants. It introduced laws to punish employers who employ illegal migrants . The challenge has been that employers are reluctant to seek legal status for illegal migrants, because they try to avoid administrative costs and minimum standards of employment that they would have to be responsible for. Another related issue has been that of people selling illegal health certificates and permits which were requirements to work and stay in the Russian Federation .

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 Russian Federation conducts monitoring of refugees and migrants through the territorial Federal Migration Service. Local police were also responsible to monitor migrants in the country. A refugee was not allowed to leave a region without registering this movement. The Federal government was responsible for developing legal frameworks but the regions were responsible for monitoring and controlling the movement of foreign nationals.

The first safe country of asylum principle did not apply in the Russian Federation and foreign nationals who had committed a crime in their own countries were not granted refugee status in Russia . The majority of illegal migrants were low skilled workers and often they worked in the construction industry. The highly skilled migrant professionals were mostly from Germany , United Kingdom and United States of America . Sixty six per cent of skilled migrants were in top management and 2% were in sport (athletes and coaches). Based on the request of employers there were quotas allowing a certain amount of easily available work permits for each region.

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 Russia had just concluded Duma elections and presidential elections. He informed the delegation that Russia had 83 regions.

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 Russian Federation would be interested in developing cooperation with the South African government in the area of higher education. The Russian Federation had more than 600 establishments of higher education. Another focus area could be Information Technology (IT) and IT security and related exchange programmes.

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 Russian Federation was regarded as an attractive workplace by a number of foreign nationals, especially young people from CIS countries.

6.1.2. He told the delegation that the Russian government was developing a National Migration Policy to address the issue of migration. The policy’s 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 country’s 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 Russian Federation can attract skilled and highly qualified specialists. A work permit for such a specialist can be granted for up to three years and prolonged if necessary. F amilies of the specialists were allowed to work and study or engage in any other activity permitted by the Russian legislation after obtaining their work permit. The quota permit system did not include their families. Employers were not required to obtain special permits to employ highly qualified specialists.

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 Russian Federation introduced an Act that required migrant workers to possess certain levels of proficiency in the Russian language. In addition a number of regional Federation Migration Service (FMS) created special guidebooks for migrants.

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 Russia . The government had also established ties with Muslim organisations.

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 Russian Federation . Pre-migration preparation included professional training, retraining and skills upgrading in professions that were in demand and learning the Russian language.

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 Russian Federation assented to the 1951 UN Convention and the 1967 Protocol Relating to the Status of Refugees. Since then the country had been accepting refugees and asylum-seekers. The Russian Federation developed an asylum-seeker policy which included temporary accommodation centres for asylum-seekers. The Russian Federation accepted asylum seekers from foreign nationals and stateless people (those without registered identity in any country).

6.3.2. Political asylum in the Russian Federation was granted by a presidential decree, but the most prominent form of granting asylum was the recognition of refugee status. A foreign citizen or stateless person was granted refugee status under the Federal Law on Forced Migrant (2003). The Russian Federation definition of a refugee corresponds to that of the 1951 UN Convention Relating to the Status of Refugees. A refugee can file a claim requesting for a refugee status while outside the Russian Federation or at the port of entry or in Russia .

6.3.3. A recognized refugee receives a certificate confirming his/her identity and legal status in the Russian Federation and a travel document to be able to travel outside the country . Those that were denied refugee status but could not be deported were placed in temporary shelters. These individuals receive special certificates which confirm their identity and legal status in Russia . Temporary shelter was granted for one-year for humanitarian reasons such as human rights abuse and torture. The one-year can be extended if the situation in their home countries did not change. The majority of people with this status were people from outside of the CIS, mainly from Afghanistan .

6.3.4. The majority of people claiming refugee status were from Georgia and Uzbekistan . These countries were former Soviet Union Republics . Within the past six years the Russian authorities reviewed more than 13 000 claims from citizens of 89 countries. Approximately 1 000 people from 34 countries had been granted refugee status while more than 5 000 from 48 countries received temporary shelter. The Russian Federation received a small number of asylum-seekers – only about 2 000 to 3 000 per year compared with other European Union (EU) countries. The EU countries have tougher migration laws and foreign nationals find it difficult to get into that labour market. The Russian migration laws were more liberal and foreign nationals found it easier to obtain permits. There was no necessity to apply for asylum as it is easier to use different ways to legally remain in the country.

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 Russia . Those granted temporary shelter could not be subjected to deportation.

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 Armenia , Belarus , Kazakhstan , Kyrgyzstan and Tadzhikistan . Special attention would be paid to grant asylum to citizens from third-world countries. This type of system would promote the effective protection of refugees arriving from these countries.

7. Meeting with the Director of Federal Migration Service, Mr Olegovich Romodanovsky

7.1. Mr. Romodanovsky praised the good diplomatic and trade relationship the Russian Federation had with the South African government. The two countries signed a number of agreements, e.g. the visa exemption agreement for diplomatic and official passports ; an agreement on space development and on education.

7.2. He told the delegation that the Russian Federation came second after USA in admitting migrants. He explained that Russia was celebrating 20 years of experience in implementing immigration laws that had not existed in the time of the USSR .

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 Moscow region, for instance it was illustrated that 554 South Africans were registered. The system captured all the profile information of these South Africans. The system was multifaceted, for example the Russian Federation already knew that the South African citizens that were in Russia were not necessarily known by their respective immigration. The system was linked to the border service and the ministries of Foreign Affairs, Treasury, Interior and Security. All of these were suppliers of information to the Russian government and were linked to eleven other major information sources that could supply information on foreign nationals.

7.4 Mr. Romodanovsky explained the difference between the work permit and the “patents” that the Russian Federation gave to migrant workers and foreign nationals working in Russia .

7.5 The Chairperson of the Portfolio Committee on Home Affairs responded by saying that Russia’s 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 Moscow on 26 March 2012. She emphasised that it was important for politicians to learn from each other on civic and migration issues.

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 Russian Federation

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 Russian Federation developed a national legal framework for asylum seekers. The FMS was established in regional branches alongside the Border Guard of the Federal Service. The Russian Federation also developed a national refugee status determination procedure for asylum seekers. It established three temporary accommodation centres and specialists were trained on issues of asylum and supported the creation of a network of the Non-Governmental Organizations to provide assistance to asylum-seekers.

8.1.3. Foreigners who opened small shops in Russia should ensure that the person who works in the shop is a Russian citizen. The owner cannot work at the shop.

8.1.4. It was reported that the Russian Federation had no significant human trafficking but there had been a few cases where Russians were sold to foreign countries as prostitutes. Russian legislation did, however, pay special attention to human trafficking.

8.1.5. Russia used an internal passport and drivers license as a form of identification. Biometric data was not included in the internal passport but only in the international passport.

8.1.6. The Russian Federation granted three types of asylum to foreigners and stateless persons, namely,

· Political asylum

· Refugee status

· Temporary asylum

8.1.6.1. Political asylum

This was an exceptional form of granting asylum. The Russian Federation granted political asylum to foreign nationals and stateless persons in accordance with Article 63 of their Constitution. This type of asylum was granted by the decree of the President of the Russian Federation . Applications for this asylum were received by the territorial branch of the Federal Migration Service at the place of residence of the applicant. The applications were reviewed by the Federal Migration Service, Ministry of Foreign Affairs, Ministry of Interior and the Federal Security Bureau (FSB.)

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 Russian Federation at the diplomatic missions and the applications were reviewed by the FMS. The decisions on the applications were taken by the Director of FMS or the heads of the territorial branches of the FMS.

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 Russian Federation . The applications for this asylum were reviewed by the territorial branches of FMS and decisions were made by the heads of territorial branches of the FMS.

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 Russian Federation still needed to further develop a national legal framework relating to addressing instances of seeking asylum at the border.

· 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 South Africa could learn from for its migration policy:

9.1. The Russian Federation kept track of refugees by recording their biometric features. This immigration system enabled the government to have all the necessary details about foreign citizens like age, gender and criminal records, if any, and level of education. This allowed for better planning and utilisation of migrant skills.

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 Russian Federation specified the methods by which the government could attract skilled and highly qualified specialists, including annual consultation with government ministries involved with labour and education. The families of the skilled professionals were entitled to work and study but they would still have to apply for such permits.

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 Russian Federation and this was ensured by creating special guidebooks for migrants.

9.4. All immigrants to Russia had to undergo a health examination in order to qualify for permits.

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 Russia had to ensure that the person who worked in the shop was a Russian citizen. A foreign owner cannot work at the shop. Although this was sometimes evaded in that the owner ended up working behind the scenes, it had the potential to protect citizens working in the informal sector.

9.7. The Russian Federation had developed an asylum-seekers policy which included:

· Temporary accommodation centres for asylum-seekers and rejected asylum seekers.

· Being able to apply for refugee status while outside the Russian Federation , at the port of entry or within Russia , at FMS offices.

· 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. South Africa and the Russian Federation have signed a number of agreements such as the visa exemption agreement for diplomatic and official passports. During engagements between the delegation and Russian officials a request was made to extend visa exemptions to individuals travelling between the two countries since the two countries were members of BRICS.

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 Russian Federation is interested in forging cooperation with South Africa in the area of higher education. The focus areas could be in the area of Information Technology and IT security and establishing exchange programmes. The Portfolio Committee on Higher Education and the Department of Higher Education may consider making a follow up on this issue.

10. Conclusion

South Africa and Russia share remarkable similarities in historical and migration challenges. South Africa in considering a more risk and state security conscious model for migration into the country, for which it has much to learn from its international counterparts. Whilst being security conscious, Russia has also made it easier for migrants needed to stimulate its economy to enter through official means such as various permits. With such insight gathered the task of balancing security with the equal if not greater imperative for economic development and regional integration can better be sought.

The Russian Federation offered practical examples of the ongoing process and evolving structures that are needed to manage migration in an ever changing and dynamic world if a more risk based approach is to be adopted. South Africa like Russia has a role as a leader in its respective region to consider the broader implications of a migration policy such that security, economic development, globalisation, trade, tourism, investment, education and labour amongst others are all considered. At the same time the movement of persons between the member states of BRICS is likely to be a critical factor for consideration in the future as this partnership and related investment develops. The lessons learnt from the Russian study tour provided a broadening of perspective as well as examples of best practice in migration policy that will prove invaluable to the Members of Parliament involved as South Africa moves towards formulating its more comprehensive overarching migration policy in the coming year.

Appendix A: Migration policy aspects- Comparison of Russia and South Africa

Russia

South Africa

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 Zimbabwe .

Refugees are not a big problem in Russia . Only 45 000 out of 150 million population.

Big concern for South Africa with around 50 000 refugees and 350 000 asylum seekers for a population of 50 million

Russian Federation keeps track of the refugees by recording their biometric features.

New application recorded in the past 2 years record biometric data. Older applications only have fingerprints manually recorded.

Russia works closely with the neighbouring countries to conduct raids on illegal migrants.

Ad hoc but limited joint country immigration cooperation.

Problem with fraudulent health certificates and permits which are requirements to work and stay in the Russian Federation .

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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